Public Meeting Agenda: May 26, 2015 at 6:00 PM - Board of Education Regular Meeting

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May 26, 2015 at 6:00 PM - Board of Education Regular Meeting Agenda

May 26, 2015 at 6:00 PM - Board of Education Regular Meeting
1. LPS BOARD OF EDUCATION INFORMATION
Rationale: 

Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media.  A mailing list is maintained at the Lincoln Public Schools District Office.  A public notice was published in the LINCOLN JOURNAL STAR.



The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
2. CALL TO ORDER
3. ROLL CALL
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
5. PUBLIC HEARING ON STUDENT FEES POLICY 5520
Rationale: 

Before we begin the hearing, I would just note that staff has recommended changes to the current policy that were presented and discussed during first reading at our last Board Meeting and are on tonight’s agenda under second reading.

I would first ask staff to give a brief report on the amount of money collected and use of waivers for the prior year. 

For those interested in speaking during the public hearing, the same guidelines apply as public comment. Speakers should complete the blue contact card and present it to a staff prior to speaking. Speakers have a maximum of five minutes to speak. The Board does not engage in conversation with the speakers, but listens carefully to the comments as part of its collection of information for consideration of agenda items.

With that, I hereby open this public hearing before the Board of Education of Lincoln Public Schools. This hearing is being conducted under the provisions of the Nebraska Public Elementary and Secondary Student Fee Authorization Act and other Nebraska laws. The purpose of this hearing is to receive input regarding proposed Policy 5520. The input received in this hearing will be taken into consideration by the Board when we take action on proposed Policy 5520.

6. APPROVAL OF MINUTES
Rationale:  The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation
The minutes have been prepared for Board approval.
Attachments:
7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
8. PUBLIC COMMENT
Rationale:  In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.
9. CONSENT AGENDA
Rationale: 
9.1. Human Resources Matters
Rationale: 

The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

Explanation

This report includes routine Human Resources changes:
   a.  Administrator Certificated Employees:
             Elections – 6
   b.  Certificated Employees:
             Elections – 25
             Re-Elections Same Assignment – 4
             Re-Elections New Assignment – 1
             Changes of Status – 5
             Leaves of Absence – 67
             Separations – 5
   c.  Substitute Certificated Employees:
             Separations – 10
   d.  Classified Employees:
             Elections – 17
             Changes of Status – 1
             Leaves of Absence – 2
             Separations – 34
   e.  Approval of proposed agreements with Administrators, Custodial Employees Association, and Office Professionals
        Association; and proposed contracts with the Associate Superintendents for Instruction, Business Affairs, and
        Human Resources and with the Assistant to the Superintendent for General Administration and Governmental Relations.

Proposal
That the Board approve the Human Resources items presented in the attachment(s).*


*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations.  Therefore, this attachment(s) is not included in agenda materials provided the public and the news media.  Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.

9.2. Routine Business
Rationale: 

At each meeting, the Board of Education is asked to approve certain items of routine business of the school district.      

Explanation
The items included in routine business for this meeting are:  

a.  REGULAR CLAIMS – Claims for the period ending May 26, 2015, were previously provided. 

Federal Tax ACH Deposit of $767.36.                

Procurement Card ACH Transfer of $129,740.86.                

Office Depot ACH Transfer of $52,700.22.                

Retirement ACH Transfer of $4,251,664.26.                

Vendor ACH Transfer of $8,773.70. 

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending May 6, 2015, in the amount of $33,981.13. 

c.  GIFTS – Approval for the gifts listed on the attached gift report. 

d.  BIDS/CONTRACTS/OTHER ROUTINE BUSINESS – Bids/contracts/other routine business will be presented for approval for purchase of replacement computers for high school and technical education labs; the purchase of curriculum for Skilled and Technical Science classes; limited interior remodel to provide secured entrances at North Star, Southwest, and Lincoln High Schools, Dawes, Mickle, and Pound Middle Schools, Clinton, Eastridge, Elliott Everett, Huntington, and Prescott Elementary Schools; the construction of a greenhouse at The Career Academy; an agreement to provide enrichment activities for children who are deaf and hard of hearing; the purchase of physical science textbooks, the purchase of eBooks and audio books; items to be listed for auction; and any other bids/contracts/routine business as presented.      

Proposal
That the Lincoln Board of Education approve the following items of routine business:

a.  The regular claims for period ending May 26, 2015.  

b.  Payroll for the period ending May 6, 2015.  

c.  Gifts for Culler, Goodrich, and Southwest.  

d.  Bids/contracts/other routine business for purchase of replacement computers for high school and technical education labs; the purchase of curriculum for Skilled and Technical Science classes; limited interior remodel to provide secured entrances at North Star, Southwest, and Lincoln High Schools, Dawes, Mickle, and Pound Middle Schools, Clinton, Eastridge, Elliott Everett, Huntington, and Prescott Elementary Schools; the construction of a greenhouse at The Career Academy; an agreement to provide enrichment activities for children who are deaf and hard of hearing; the purchase of physical science textbooks, the purchase of eBooks and audio books; items to be listed for auction; and any other bids/contracts/routine business as presented.

Attachments:
9.3. Option Enrollment Student Applications for 2015-16
Rationale:  On February 10, 2015, the Board adopted a resolution to accept option students for the 2015-16 school year.  Applications have been received from students requesting that they be accepted as option students for the 2015-16 school year.  Staff recommends that the students referred to in this agenda item be accepted for enrollment as they are in compliance with the Board resolution of February 10, 2015.      

Explanation
Staff has examined the applications of the students included in this proposal.  The students meet one of the criteria set forth by the Board in its resolution of February 10, 2015.  Staff recommends approval of these applications.      

Proposal
That the Board adopt the following resolution:  

WHEREAS the students who have been assigned student numbers 209162, 406273, and 234464 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 10, 2015, with regard to such option students;  

THEREFORE BE IT RESOLVED that the aforementioned students be accepted as option students on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools. 
Attachments:
9.4. Late Request for Enrollment Option Out 2015-16
Rationale:  March 15, 2015, was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2015-16 school year.  The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).      

Explanation
Request from students who reside in the Lincoln Public Schools District and wishes to attend school outside of the Lincoln Public Schools District has been received after the March 15, 2015, deadline.  The Lincoln Public Schools Board of Education may deny or approve these requests.  If these requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.                                    
Student Number Option District                                    
269225   Norris                                    
269226   Norris
202201 Waverly

Proposal
That the Board approves these requests for option out for the 2015-16 school year.   
Attachments:
10. FIRST READING, ACTION AT NEXT MEETING
Rationale:  *The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education  Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
10.1. From Board Committees
10.1.1. 2015-16 Transportation Plan
Rationale: 

Each spring a transportation plan is prepared for the following school year.  District policy 3710 is reviewed and recommendations for operational changes are solicited from individual school buildings and various departments.  Schedules are prepared and a summary of needs is balanced against staff and equipment available to the district.  Each year a review of all routes for the current year are reconsidered.      

Explanation
The Lincoln Public Schools Transportation Department will transport only those students who qualify under provisions of state law, including:  

1.  Elementary and Middle School students residing more than four (4) miles from the school in the attendance area within which they reside.  

2.  Special Education students whose individual education plan (IEP) require transportation as essential to learning.  

3.  Students who have been moved for the benefit of the district to relieve overcrowding, due to major facility renovations, efficiency in use of buildings and/or staff.  

In addition, the Board, at its discretion, may approve other transportation areas based upon unique circumstances and for the purpose of equalizing school enrollments and facilitating programs.  

Attached is a tentative listing of all routes recommended for the 2015-16 school year.      

Proposal
That the Board discuss the 2015-16 Transportation Plan.

10.2. From the Superintendent
10.2.1. Meadow Lane Addition & Renovation
Rationale: 

Sealed bids were received from interested vendors, to provide an addition to the existing school building with miscellaneous renovations within Meadow Lane Elementary School.  The following award recommendation is for the addition and renovation project of Meadow Lane Elementary by a general contractor.

Explanation
It is recommended that award be made to:  

Rogge Construction (Lincoln, Nebraska)                                            $2,274,000.00  

Bid Results:  

Rogge Construction (Lincoln, Nebraska)                                            $2,274,000.00
Sampson Construction (Lincoln, Nebraska)                                        $2,425,000.00
Hampton Construction (Lincoln, Nebraska)                                        $2,427,800.00
Erich Broer Construction (Lincoln, Nebraska)                                     $2,450,000.00
Cheever Construction (Lincoln, Nebraska)                                         $2,497,000.00  

A complete bid tabulation is available in the Purchasing Office.  

This will be an expenditure of $2,274,000.00 from the appropriate facilities funding source, including the Bond Fund, or other appropriate funds.      

Proposal
That the Board approve this award.  To meet the projected completion date, it is necessary that construction begin as soon as possible following approval.  The Board, by approving this agreement with Rogge Construction, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs, or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs, or a designee, to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Facilities & Maintenance, or another person as selected by the Associate Superintendent for Business Affairs, or a designee from time to time, as its program administrator under this agreement.

10.2.2. Shelf-Stable, Refrigerated, and Frozen Food
Rationale: 

Proposals were requested from interested vendors to provide shelf-stable, refrigerated, and frozen food products for use by Nutrition Services for all locations.  The contract prices are for the period of July 1, 2015, through June 30, 2016.      

Explanation
It is recommended that award be made to the lowest responsible vendors meeting specifications, based on estimated expenditures:  

US Foods (Lenexa, Kansas)                                                                              $2,195,889.81
Cash-Wa Distributing (Kearney, Nebraska)                                                             254,240.85
Sysco (Lincoln, Nebraska)                                                                                     198,452.46
Thompson Foods (Grand Island, Nebraska)                                                            112,310.64
Reinhart Foodservice (Omaha, Nebraska)                                                                 86,740.97
Tecumseh Poultry (Waverly, Nebraska)                                                                    27,720.00
American Bean Company (Edison, New Jersey)                                                           4,080.00  

Total                                                                                                                 $2,847,634.73  

There were 294 items on the quotation requests.   This will be an estimated expenditure of $2,847,634.73 from the Nutrition Services Fund.      

Proposal
That the Board approve this award.  Lead times are two – four weeks before delivery, so first orders will need to be placed in June 2015.  The Board, by approving these purchases with the above vendors, hereby designates the Director of Nutrition Services or another person as selected by the Associate Superintendent for Business Affairs, or a designee from time to time, as its program administrator under these purchase orders.

10.2.3. Proposed 2015-16 Agreement with Maintenance Employees Association
Rationale: 

The Lincoln Board of Education has recognized the Maintenance Employees Association as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of the employee group.  Mr. Ken Babcock has negotiated with the employee group and tentative agreement has been reached between Lincoln Public Schools and the employee group for the 2015-16 school year.

Explanation

The proposed agreement for the employee group calls for a 2.88 percent salary increase for 2015-16.  The settlement is within the parameters set by the Board of Education.

Proposal
That the Board of Education consider and discuss the proposed agreement with the Maintenance Employees Association for the 2015-16 school year.

10.2.4. Perkins Career & Technical Education Innovative and Program Grants
Rationale:  The U.S. Department of Education, Office of Vocational and Adult Education provide funds to States to finance Perkins Career and Technical Education Innovative and Program Grants. This funding supports districts in designing and implementing innovative programs, services, and activities that demonstrate new models and/or practices for career and technical education programs and teachers.      

Explanation
Lincoln Public Schools Career and Technical Education (CTE) Department is applying for a Perkins Revision Action Grant for $50,000 for the 2015-16 school year specifically for the purpose of continuing the Programs of Study revisions. This is the third and final year of eligibility for LPS-CTE to participate in this funding opportunity. This application seeks additional funds to finish and implement the alignment work as it relates to our high school and academy programs. Programs of Study for each career field have been developed, edited, and revised by the Nebraska Department of Education and each Lincoln Public Schools CTE course needs to be in alignment with those Programs of Study pathways. This alignment is critical for current and future Perkins Federal Funds. The work involves curriculum revisions, coding changes, alignment within and with postsecondary schools, analysis of concentrators, professional development, training, internship development, and more. The grant application would primarily fund teacher workshop attendance and pay for substitute time during contractual time to accomplish this analysis work and implementation of program changes and innovation.                                         

LPS in-kind services, curriculum support, and supplies would be provided through the Career and Technical Education Department program funds. There is no required funding match.  

LPS-CTE Administrator was informed on April 27 that the application rollout was experiencing some difficulties and it became available on May 4.       

Proposal
That the Board discuss the submission of the Perkins Career and Technical Education Revision Action Grant application for $ 50,000 for a one-year period beginning July 1, 2015 dependent upon final funding. This program does not involve cost sharing or matching.  

The grant application is due May 15, 2015.
11. SECOND READING, RECOMMENDED FOR ACTION
11.1. Evaluation and Evaluation Summary for Superintendent of Schools
Rationale: 

Annually, the Board of Education evaluates the Superintendent of Schools.  The 2014-15 evaluation of Steve Joel, Superintendent, has been completed and will be recommended for approval to be placed in his personnel file. A copy of the public summary of the Superintendent’s evaluation is attached.

Explanation
The annual evaluation of Steve Joel, Superintendent, has been completed and will be placed in his personnel file and the public summary thereof is attached.

Proposal
That the Board of Education consider and approve the Superintendent’s 2014-15 evaluation to be placed in his personnel file and the public summary thereof.

Attachments:
11.2. Proposed Contract with the Superintendent of Schools
Rationale: 

Annually, the Board of Education evaluates and reviews the contract of the Superintendent of Schools.  The 2014-15 evaluation of Steve Joel, Superintendent, is in the process of being completed and has been recommended for approval to be placed in his personnel file, and his contract is being recommended for extension and increased compensation. Copies of a public summary of the Superintendent’s evaluation are available, and the proposed contract for approval is attached.

Explanation
It is recommended that the current contract for the Superintendent be amended and approved.

The proposed contract is attached.

Proposal
That the Board of Education consider and discuss an extension and compensation increase and the proposed contract for approval.

Attachments:
11.3. From Board Committees
11.3.1. Policy 5520-Student Fees
Rationale:  Annually, Lincoln Public Schools reviews and revises its Student Fees policy as required by law.  The Student Fees policy outlines those fees, which are the responsibility of students within the parameters of existing law.  The Student Fees information is required to be published in student handbooks or the Important Information booklet and made available free of charge to every LPS household.

Explanation
This most recent revision of Policy 5520 reflects the creation of The Career Academy, the adoption of the district’s technology plan, and provides the information about the changes prior to the public hearing on the Student Fees policy scheduled for May 26.

Proposal
That the Board approve changes to Policy 5520.
Attachments:
11.4. From the Superintendent
12. EXPEDITED/EMERGENCY ACTIONS
13. ITEM(S) REMOVED FROM CONSENT AGENDA
14. INFORMATIONAL ITEMS/REPORTS
14.1. From Board Committees
14.2. From The Career Academy
14.3. From the Superintendent
14.3.1. Superintendent Update
14.3.2. Monthly Financial Report
Rationale: 

At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.      

Explanation
The monthly financial report for the month ending April 30, 2015, is attached.      

Proposal
Information item; no Board action required.  

Attachments:
15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  May 27, 21st Annual Multicultural Leadership Institute, 8:00-11:30 am or 12:30-4:00 pm, LSW
June, 3, Chamber Coffee, 8:00 am, Chamber Office
June 9, Board Work Session - Budget, 4:30 pm, LPSDO
            Board Meeting, 6:00 pm, LPSDO


16. PUBLIC COMMENT
Rationale:  In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.
17. REQUEST FOR CLOSED SESSION
Rationale: 
The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

17.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:  The Lincoln Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1.  For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2.  For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3.  For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4.  For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5.  For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6.  For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7.  For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

18. ADJOURNMENT
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