August 14, 2012 at 6:00 PM - Board of Education Regular Meeting
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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
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3. ROLL CALL
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4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
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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.
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Introduction of New Leaders
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7. 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.
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8. CONSENT AGENDA
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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 – 124 Re-Elections Same Assignment – 17 Re-Elections Change Assignment – 6 Changes of Status – 16 Leaves of Absence – 11 Separations – 8 b. Substitute Certificated Employees: Elections – 26 Changes of Status – 5 Separations – 45 c. Classified Employees: Elections – 37 Changes of Status – 13 Leaves of Absence – 1 Separations – 68 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 her designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or her 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 periods ending August 14, 2012, were previously provided. Federal Tax ACH Deposit of $4,403,727.03. State Income Tax ACH Deposit of $805,291.94. State Diesel Tax ACH Deposit of $13,940.00. Insurance ACH Transfer of $2,690.01. Procurement Card ACH Transfer of $180,894.98. Office Depot ACH Transfer of $15,662.49. Vendor ACH Transfer of $6,255.84. b. PAYROLL FOR RATIFICATION – Payroll for the periods ending July 31 and August 3, 2012, in the amount of $12,573,754.39. 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 musical instruments and supplies for use at all school locations; water testing and treatment chemicals, monitoring equipment, and regular services at all LPS locations; printing and duplicating services for specifications and drawings for construction bids; paper products for Nutrition Services at all LPS locations; an agreement for lobbying services for the district; an interlocal agreement with the City of Lincoln for the Elliott Parking Facility Cooperative; an amendment to the Boys & Girls Club of Lincoln/Lancaster County Community Learning Center; an agreement with Family Service for snacks to be provided by LPS Nutrition Services; agreements with Boys and Girls Club of Lincoln/Lancaster County, Cedars Youth Services, Clyde Malone Center, Family Service Association, Lincoln Housing Authority, Neighborhoods Inc. DBA NeighborWorks Lincoln, Northeast Family Center/Brownell, Willard Community Center/Lakeview, and YMCA of Lincoln to provide services related to Community Learning Center activities; an agreement between Lincoln Public Schools Southeast Nebraska Region Program and Southern School District 1 for deaf or hard of hearing services; a real estate sale and permanent and temporary easements at the Goodrich Middle School property to the City of Lincoln; 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 periods ending August 14, 2012. b. Payroll for the periods ending July 31 and August 3, 2012. c. Gifts for Adams, Elliott, Lincoln High, Rousseau, and the district. d. Bids/contracts/other routine business for musical instruments and supplies for use at all school locations; water testing and treatment chemicals, monitoring equipment, and regular services at all LPS locations; printing and duplicating services for specifications and drawings for construction bids; paper products for Nutrition Services at all LPS locations; an agreement for lobbying services for the district; an interlocal agreement with the City of Lincoln for the Elliott Parking Facility Cooperative; an amendment to the Boys & Girls Club of Lincoln/Lancaster County Community Learning Center; an agreement with Family Service for snacks to be provided by LPS Nutrition Services; agreements with Boys and Girls Club of Lincoln/Lancaster County, Cedars Youth Services, Clyde Malone Center, Family Service Association, Lincoln Housing Authority, Neighborhoods Inc. DBA NeighborWorks Lincoln, Northeast Family Center/Brownell, Willard Community Center/Lakeview, and YMCA of Lincoln to provide services related to Community Learning Center activities; an agreement between Lincoln Public Schools Southeast Nebraska Region Program and Southern School District 1 for deaf or hard of hearing services; a real estate sale and permanent and temporary easements at the Goodrich Middle School property to the City of Lincoln; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application for 2012-13
Rationale:
On January 24, 2012, the Board adopted a resolution to accept option students for the 2012-13 school year. Applications have been received from students requesting that they be accepted as option students for the 2012-13 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 January 24, 2012.
Explanation
Staff has examined the applications of the students included in this proposal. The students meet all of the criteria set forth by the Board in its resolution of January 24, 2012. Staff recommends approval of these applications. ProposalThat the Board adopt the following resolution: WHEREAS the students who have been assigned Student Numbers 286082, 287028, and 286782 (for purposes of confidentiality, assigned numbers are being used) meet all criteria of the Board resolution of January 24, 2012, 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.
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8.4. Late Request for Enrollment Option Out 2012-13
Rationale:
March 15, 2012 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 2012-13 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 Requests from students who reside in the Lincoln Public Schools District and wish to attend school outside of the Lincoln Public Schools District have been received after the March 15, 2012, 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 district for their approval.
Student Number Option District
255763 Elmwood-Murdock 236511 Elmwood-Murdock 286083 Malcolm 241598 Waverly 288765 Malcolm 245766 Norris 228289 Norris Proposal That the Board approve these requests for option out for the 2012-13 school year.
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8.5. 2012-13 Early Childhood System Support/Change Grant Application
Rationale:
This grant is to fund the 2012-13 activities of the Lincoln Early Childhood Planning Region Team. The funds requested from the Nebraska Department of Education amount to $37,000. This is a continuation grant.
Explanation Lincoln Public Schools will continue as the local lead agency for the Region No. 18 Early Childhood Planning Region Team. These funds are requested each year by the district to support the planning region’s ongoing activities related to the development and maintenance of interagency, collaborative services for families who have young children with disabilities. The grant is renewable each year and will expire on September 30, 2013. The Nebraska Department of Education awards these grants to the 29 planning regions in the state from Part C funds of the federal Individuals with Disabilities Education Act (IDEA 04). The Lincoln Public Schools has been the lead agency for this effort since 1988-89. ProposalThat the Board approve submission of the Early Childhood System Support/Change Grant Application in the amount of $37,000. There are no matching funds required. |
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.
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9.1. From Board Committees
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9.1.1. 2012-13 Lincoln Public Schools Budget Adoption
Rationale:
The Board of Education held a public hearing on the 2012-13 budget on August 14, 2012.
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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 recently annexed one parcel of land, which automatically brings this property into the Lincoln Public Schools District. This property needs 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 and Yankee Hill Road, Annexation #11005, for 2012-13 school year: Maxey Elementary School, Pound Middle School, and Southeast High School ProposalThat the Board discuss the proposed Sherman Field Project Cooperative Interlocal Agreement.
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9.2. From the Superintendent
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9.2.1. Proposed Agreements With Administrators, Custodial Employees Association, Maintenance Employees Association, Nutrition Services Workers Association, Technicians, and Transportation Employees Association
Rationale:
The Board of Education has recognized the Custodial Employees Association, the Maintenance Employees Association, the Nutrition Workers Association, and the Transportation Employees Association; and Ken Babcock negotiated with these groups. Mr. Babcock has also met and conferred with the representatives from the Administrator and the Technician groups. Tentative agreement with each group has been reached. Explanation The tentative agreement for each group calls for a two and one-half (2.5) percent total package increase for 2012-13. The total package increase for 2013-14 is 1.89 percent. These settlements are within the parameters set by the Board of Education. Included in the package increases are all District costs including the District’s contributions to health insurance, state retirement, and Social Security Proposal That the Board discuss the proposed agreements with the Administrators, the Custodial Employees Association, the Maintenance Employees Association, the Nutrition Workers Association, the Technicians, and the Transportation Employees Association for the 2012-13 and 2013-14 school years. |
9.2.2. Proposed 2012-13 and 2013-14 Pay Rates for Substitute and Miscellaneous Employees
Rationale:
The Board of Education must approve all salary schedules/pay rates for Lincoln Public Schools employees. Explanation Attached are the 2011-12 pay rates for substitute and miscellaneous employees and the proposed 2012-13 and 2013-14 pay rates for such employees. The recommended salary increases range from no increase to a one (1) 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 2012-13 and 2013-14 school years.
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9.2.3. 2012-13 Insurance Rates
Rationale:
For 17 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program. The advantages of self-insurance are: 1) lower premiums, 2) district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, 5) LPS staff and legal counsel are involved in claims from the beginning. The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district to be over one million dollars per year in premium costs alone. Explanation Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage, Boiler and Machinery insurance, and the third party claims handling service for property/liability, through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance broker. That the Board review the 2012-13 insurance rates.
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9.2.4. Interlocal Agreement with City of Lincoln for Sherman Field Project Cooperative
Rationale:
Lincoln Public Schools (LPS) has used the Sherman Field Complex as part of its baseball program for many years. To continue that use, LPS and the City of Lincoln (City) have agreed to create a Cooperative and that LPS shall make a $200,000 contribution (in accordance with the terms and conditions as finally negotiated) to the Cooperative in return for a ten-year agreement of priority use of Sherman Field for its school programs, practices, and ball games.
Explanation It is recommended that the Board approve an interlocal agreement with the City of Lincoln which provides for the Sherman Field Project Cooperative (Cooperative). The Cooperative provides for Lincoln Public Schools (LPS) use of Sherman Field. A complete copy of the proposed agreement is available in the Purchasing Office. Proposal That the Board discuss the proposed Sherman Field Project Cooperative Interlocal Agreement. |
10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. Superintendent, Associate Superintendent for Business Affairs, and Associate Superintendent for Human Resources Contracts
Rationale:
Annually, the Board of Education reviews the contracts of the Superintendent, Associate Superintendent for Business Affairs, and the Associate Superintendent for Human Resources. Explanation It is recommended that the two-year contracts of the Associate Superintendent for Business Affairs be amended and extended for one year to August 31, 2014, and that his salary be increased by $2,806; and the Associate Superintendent for Human Resources be amended and extended for one year to August 31, 2014, and that her salary be increased by $7,637 which includes a market adjustment. Be it resolved, that the Board of Education hereby accepts and approves: (a) The recommended contract extension, amendment, and salary increase for Superintendent as presented; and
(b) The Associate Superintendent for Business Affairs and the Associate Superintendent for Human Resources recommended contracts, contract extensions, and salary increases as presented; and Be it further resolved, that the Board of Education hereby authorizes and directs the President of the Board of Education to sign, execute, and deliver all such documents and contracts and to otherwise take or cause to be taken all other action necessary or appropriate to complete these transactions as contemplated herein for and on behalf of the district.
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10.2. From Board Committees
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10.3. From the Superintendent
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10.3.1. Item(s) Removed from Consent Agenda
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10.3.2. Expedited/Emergency Actions
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11. INFORMATIONAL ITEMS/REPORTS
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11.1. From Board Committees
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11.2. From the Superintendent
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11.2.1. Superintendent Update
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12. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
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August 16 - 11 a.m., Chamber Federal Fly Back @ Strategic Air & Space Command
August 28 - 6 p.m., Board Meeting |
13. 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.
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14. REQUEST FOR CLOSED SESSION
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14.1. 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. 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. |
15. ADJOURNMENT
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