Public Meeting Agenda: July 28, 2015 at 6:00 PM - Board of Education Regular Meeting

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July 28, 2015 at 6:00 PM - Board of Education Regular Meeting Agenda

July 28, 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. 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:
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
6.1. LPS Honored as a 2015 District of Distinction by DA-District Administration Magazine
7. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • A time limit of five minutes will be allotted for any speaker.
  • Members of the Board of Education will not respond or engage with speakers.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • The Board Chair may make adjustments to the public comment guidelines, according to Policy 8420.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board.
  • Anyone refusing to be identified will be prohibited from speaking.
8. CONSENT AGENDA
Rationale: 
8.1. 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.  Certificated Employees:

             Elections –78

             Re-Elections Same Assignment – 21

             Re-Elections New Assignment – 1

             Changes of Status – 20

             Leaves of Absence – 22

             Separations – 13

   b.  Substitute Certificated Employees:

             Elections –2

             Changes of Status – 1

             Separations – 49

   c.  Classified Employees:

             Elections – 170

             Changes of Status – 21

             Leaves of Absence –1

             Separations – 68

   d.  Other:

          Workers’ Compensation Lump Sum Settlements – 1

   e.  Approval of recommended agreement with Continuum Employee Assistance Program.

   f.  Approval of recommended program agreement relating to the Confucius Institute.

 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.

8.2. 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 July 28, 2015, were previously provided.                

Federal Tax ACH Deposit of $5,659,209.76.                

State Tax ACH Deposit of $729,865.85.                               

Corrected amount from June 23, 2015:                
State Tax ACH Deposit of $705,292.61                

Procurement Card ACH Transfer of $82,787.08.                

Office Depot ACH Transfer of $30,691.34.                

Vendor ACH Transfer of $42,616.82. 

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending June 30, 2015, in the amount of $14,602,409.09. 

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 the purchase of English Composition curriculum; the purchase of prepared and delivered pizza for high school lunches; the purchase of snack food products for use at all locations; fiber connection for the Bison Building; the resurfacing of the tennis court at North Star; the replacement of indoor bleachers at East; paving improvements at East; the purchase of Storage Area Network equipment; the purchase of network switches; the purchase of elementary science curriculum kits; the purchase of Anatomy and Physiology texts and digital content; refuse and recycling services; professional development sessions; non-staff lobbying services; the continuation of a Family Partner staff person; a contract for services at Educare; an agreement to provide snacks for the Family Service After School Program; the purchase of reading assessments for students; district workshops to prepare teachers to use computer science curriculum; payment for transportation services and loan of employees to the Transportation Division; 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 July 28, 2015.  

b.  Payroll for the period ending June 30, 2015.  

c.  Gifts for Eastridge, Saratoga, Southeast, and the district.  

d.  Bids/contracts/other routine business for the purchase of English Composition curriculum; the purchase of prepared and delivered pizza for high school lunches; the purchase of snack food products for use at all locations; fiber connection for the Bison Building; the resurfacing of the tennis court at North Star; the replacement of indoor bleachers at East; paving improvements at East; the purchase of Storage Area Network equipment; the purchase of network switches; the purchase of elementary science curriculum kits; the purchase of Anatomy and Physiology texts and digital content; refuse and recycling services; professional development sessions; non-staff lobbying services; the continuation of a Family Partner staff person; a contract for services at Educare; an agreement to provide snacks for the Family Service After School Program; the purchase of reading assessments for students; district workshops to prepare teachers to use computer science curriculum; payment for transportation services and loan of employees to the Transportation Division; and any other bids/contracts/routine business as presented.

Attachments:
8.3. 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 401043, 236943, 407254, 278713, 407315, 407313, 407310, and 407351 (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:
8.4. 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 resides 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

 272079                                              Waverly  

240264                                              Norris

226579                                              Norris                                    

223995                                              Norris                                    

281386                                              Seward      

Proposal
That the Board approves these requests for option out for the 2015-16 school year.   

Attachments:
9. 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.
9.1. From Board Committees
9.1.1. Refunding Series 2006 Bond Issue
Rationale: 

The Lincoln School District issued $150,000,000 in general obligation school bonds on August 30, 2006.  The bonds were the first series of bonds issued for funding a comprehensive ten-year facilities improvement plan.  Bond principal and interest are scheduled to be repaid through January 15, 2016.      

Explanation
The current bond market may allow for an advanced refunding at a reduced interest rate.  This would result in a reduction of debt service payable.  

Staff will work with the district’s Underwriter (Ameritas Investment Corp.), with its Bond Counsel (Gilmore & Bell), and with its General Counsel (Perry, Guthery, Haase & Gessford) to finalize the attached resolution and to meet all other requirements necessary for the advanced refunding of these bonds if and when the district were to proceed.      

Proposal
That the Board of Education hereby discuss the attached resolution in its current form or with such changes as may be approved by the Associate Superintendent for Business Affairs or her designee; the selection, approval, and designation of Union Bank and Trust Company as bond registrar and paying agent; the selection, approval, and designation of Ameritas Investment Corp. as underwriter; and hereby authorizes all actions necessary or appropriate as provided therein or as otherwise necessary to advance refund such bonds, by issuing refunding bonds in an amount not to exceed $126,000,000, by Lancaster County School District 001 (Lincoln Public Schools), its staff, and its representatives in accordance with and subject to the following provisions:      

A.  The date of original issue of the Bonds shall not be later than December 1, 2015.

B.  The aggregate principal amount of Bonds to be issued shall not exceed $126,000,000.

C.  The date of final maturity of the Bonds shall not be later than December 1, 2036.

D.  The rate or rates of interest to be carried by each maturity of the Bonds such that the true interest cost on the Bonds shall not exceed 4.25 percent.

E.  The underwriting discount, not to exceed 0.70 percent and the price, not less than 97.00 percent of the principal amount thereof, at which the Bonds shall be sold to the Purchaser.

F.  The net present value savings (as a percentage of refunded bonds) shall not be less than 5 percent.  

Attachments:
9.1.2. Newly Annexed Property to the City of Lincoln
Rationale: 

The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted.  This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.      

Explanation
The City of Lincoln has annexed some parcels of land, which automatically brings these properties into the Lincoln Public Schools District.  These properties need to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending:  

South 84th Street & Van Dorn Street, Annexation Ordinance #20184, for 2015-16 school year:  Pyrtle Elementary School, Lux Middle School, and East High School  

South 95th Street & O Street, Annexation Ordinance #20142, for 2015-16 school year:  Pyrtle Elementary School, Lux Middle School, and East High School  

South 70th Street & Rokeby Road, Annexation Ordinance #20125, for 2015-16 school year:  Maxey Elementary School, Pound Middle School, and Southeast High School  

Fallbrook Town Homes, Annexation Ordinance #20175, for 2015-16 school year:  Kooser Elementary School, Schoo Middle School, and North Star High School  

North 90th Street & Adams Street, Annexation Ordinance #20172, for 2015-16 school year:  Pershing Elementary School, Mickle Middle School, and Northeast High School              

Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed properties.  

Attachments:
9.2. From the Superintendent
9.2.1. The Board of Education and Superintendent 2015-16 Goals and Priorities
Rationale: 
Annually, the Board of Education evaluates the Superintendent and develops Annual Priorities for the Superintendent for the coming school year.

Explanation
Nebraska law and Lincoln Public Schools policy require that the Board of Education evaluate its Superintendent of Schools each year.  Completed evaluations are confidential reports that are placed in and become a part of the Superintendent's personnel file (Section 79-8,109).

The Board of Education and Superintendent’s 2015-16 Annual Goals and Priorities are presented for consideration at this meeting.

Proposal
That the Board discuss the proposed Board of Education and Superintendent’s 2015-16 Annual Goals and Priorities.

Attachments:
9.2.2. 2015 Results Driven Accountability Grant
Rationale: 

The Nebraska Department of Education (NDE) completed a file review and a desk audit in spring of 2015. The results indicated that Lincoln Public Schools could benefit from offering additional professional learning opportunities to support student transition needs in special education. The RDA funds will be used to support the special education team by providing targeted professional development in this identified area.      
Explanation 
The purpose of the Results Driven Accountability (RDA) Grant is to strengthen local school improvement efforts in the area of special education through the ILCD process. Targets of improvement include: increasing capacity of staff to improve the progress of students with disabilities resulting in increased graduation rates and academic performance on the district and state assessments. We will provide high quality professional development and ongoing coaching for administrators, teachers, paras and other support staff with the goal of improving transition processes for students who are 18-21 years old.      

Proposal
That the Board discuss and approve the submission of the Results Driven Accountability (RDA) Grant in the amount of $20,000.00 dependent on available funds.   No matching funds are required.  

The grant application is due June 30, 2015.

9.2.3. Proposed 2015-16 Pay Rates for Substitute and Miscellaneous Employees
Rationale: 

The Board of Education must approve all salary schedules/pay rates for the employees of Lincoln Public Schools.

Explanation
Attached are the 2014-15 pay rates for substitute and miscellaneous employees and the proposed 2015-16 pay rates for such employees.

The recommended salary increases range from no increase to a 2.88 percent increase, depending on the employee group.  The determination of what salary to recommend is made in conjunction with the supervisor of that employee group and an assessment of the availability of candidates for the positions.

Proposal
That the Board of Education discuss the proposed pay rates for substitute and miscellaneous employees for the 2015-16 school year.

Attachments:
9.2.4. Proposed 2015-16 Agreement with Transportation Employees Association
Rationale:  The Lincoln Board of Education has recognized the Transportation Employees Association as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of the employee group.  Mr. Ken Babcock and Mr. Robbie Seybert have 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 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 Transportation Employees Association for the 2015-16 school year.

 

10. SECOND READING, RECOMMENDED FOR ACTION
10.1. From Board Committees
10.2. From the Superintendent
11. EXPEDITED/EMERGENCY ACTIONS
12. ITEM(S) REMOVED FROM CONSENT AGENDA
13. INFORMATIONAL ITEMS/REPORTS
13.1. From Board Committees
13.2. From The Career Academy
13.3. From the Superintendent
13.3.1. Superintendent Update
13.3.2. 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 June 30, 2015, is attached.      

Proposal
Information item; no Board action required.  

Attachments:
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale: 

July 29 - New Teacher Breakfast, 7:30 am, Embassy Suites

July 29 - TCA Joint Board Meeting, 8:00 am, SCC Lincoln Campus

August 5 - LPS Welcome Back Celebration, 8:00 am, Pinnacle Bank Arena

August 10 - TCA Ribbon Cutting, 8:15 am, TCA

August 11, Board Meeting, 6:00 pm, LPSDO

15. PUBLIC COMMENT
Rationale: 

In keeping with Board Policy 8420:

  • A time limit of five minutes will be allotted for any speaker.
  • Members of the Board of Education will not respond or engage with speakers.
  • Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
  • The Board Chair may make adjustments to the public comment guidelines, according to Policy 8420.
  • If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board.
  • Anyone refusing to be identified will be prohibited from speaking.
16. 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.

16.1. 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.

17. ADJOURNMENT
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