August 8, 2017 at 6:00 PM - Board of Education Regular Meeting

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.

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.

In keeping with Board Policy 8420:

• Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose. 
• 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. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
• Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A “Record of Appearance” card is provided for this purpose.
• Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
• In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
• If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
• Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

Explanation:

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.

This report includes routine Human Resources changes:

   a.  Certificated Employees:

             Elections - 33

             Re-Elections Same Assignment - 7

             Changes of Status - 6

             Leaves of Absence - 8

             Separations - 2

   b.  Substitute Certificated Employees:

             Elections - 20

             Changes of Status - 1

             Separations - 6

   c.  Classified Employees:

             Elections - 89

             Changes of Status - 11

             Separations - 56

   d.  Other:

             Employment of Family Members - 1

             Civic Leaves - 1

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.

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 August 8, 2017, were previously provided. 

          Federal Tax ACH Deposit of $5,998,224.51. 

          State Tax ACH Deposit of $844,034.00. 

          Procurement Card ACH Transfer of $127,203.32. 

          Child Support ACH Transfer of $16,63740. 

          Office Depot ACH Transfer of $20,645.47. 

          Blue Cross/Blue Shield ACH Transfer of $4,347,925.99.

          Vendor ACH Transfer of $133,728.20. 

b.  PAYROLL FOR RATIFICATION - Payroll for the period ending July 31, 2017, in the amount of $15,007,766.66. 

c.  BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for the purchase of playground equipment and rubber tile at Saratoga; an agreement for publication of "Community News"; an agreement for Community Services information management; agreements to provide deaf or hard of hearing services; a subscription for incident event management service; licensing of an email threat prevention service; an agreement for speech, language, and pathology services; items 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 August 8, 2017. 

b.  Payroll for the period ending July 31, 2017. 

c.  Bids/contracts/other routine business for the purchase of playground equipment and rubber tile at Saratoga; an agreement for publication of "Community News"; an agreement for Community Services information management; agreements to provide deaf or hard of hearing services; a subscription for incident event management service; licensing of an email threat prevention service; an agreement for speech, language, and pathology services; items listed for auction; and any other bids/contracts/routine business as presented.

On February 14, 2017, the Board adopted a resolution to accept option enrollment students for the 2017-18 school year.  An application for enrollment during the 2017-18 school year has been received and is in compliance with the Board resolution of February 14, 2017.      

Explanation
The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of February 14, 2017.  Staff recommends approval of the application.  

Proposal   
That the Board adopts the following resolution:

WHEREAS, the student who has been assigned student number 421063 (for purposes of confidentiality, an assigned number is being used) meets one or more of the criteria of the Board resolution of February 14, 2017, with regard to such option student;

THEREFORE, BE IT RESOLVED that the aforementioned student be accepted as an option student 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.

The Board of Education held a public hearing on the 2017-18 budget on August 8, 2017. 

EXPLANATION
Staff recommends that the Board review the budget statement (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, 79-10,110 and 79-10,110.01 R.R.S. Neb., and other Nebraska laws.  After Board review, the following resolution will be presented for approval on August 22, 2017. 

RESOLVED by the Board of Education of Lancaster County School District 001: 

1. That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2017, and ending August 31, 2018, namely: 

$220,513,059 - To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund. 

$32,871,569 - To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund. 

$5,720,735 - To provide for environmental hazard abatement and accessibility barrier elimination projects; to provide for Qualified Zone Academy Bond projects; to provide for American Recovery and Reinvestment Act of 2009 Academy Bond projects; and to provide for building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention; further known as the Qualified Capital Purpose Undertaking Fund. 

2. That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $259,105,363, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected. 

3. That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2017, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb. 

4. That the 2017-18 budget as presented and all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted. 

5. That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2017-18 fiscal year adopted budget and budget statement hereby approved. 

6. That in accordance with Section 79-10,110 R.R.S. Neb. and other Nebraska laws, the Board has made a determination that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, or that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds of the Lincoln Public Schools and that approval of the budget and this resolution shall constitute: (a) establishment of the qualified capital purpose undertaking fund and accounts by the Board; (b) a determination by the Board that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds under its control; (c) Board ratification of the accompanying itemized estimate of the amounts necessary to be expended for such matters, such estimate having been approved by the Board on August 9, 2005, June 23, 2009, and June 8, 2010; (d) Board approval and designation of the particular projects for which the tax levy will be expended, and as known or appropriate, the relevant period of years (not to exceed ten) for which the tax will be levied for such projects, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (e) Board approval of any listed undertaking for any qualified capital purpose in any qualified zone academy under its control and the tax levy to repay any qualified zone academy bond issued for such undertaking, and designation of the particular qualified capital purpose for which the qualified zone academy bonds were or are to be issued and for which the tax levy will be expended, and as known or appropriate, the relevant the period of years (not to exceed fifteen) for which the taxes will be levied, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (f) Board designation of more than one project or qualified capital purpose in any qualified zone academy, and approval of the tax levy for each such project or qualified capital purpose, concurrently or consecutively, as the case may be, the aggregate levy of which in each year and the duration of each such levy shall not exceed the limitations as specified in § 79-10,110, and other laws; (g) Board approval of any listed undertaking for the construction of a new public school facility or the acquisition of land on which such a facility is to be constructed or any expansion, rehabilitation, modernization, renovation, or repair of any existing school facilities under its control and the levy of a tax to repay any American Recovery and Reinvestment Act of 2009 bond and Board designation of the particular project or projects for which the bond has been or will be issued and for which the tax levy provided will be expended and the period of years for which the tax will be levied to repay such bond not exceeding the maximum term of thirty years for Build America and/or qualified school construction bonds and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of such period and Board ratification and approval of the accompanying itemized estimate of the amounts necessary to be expended for such project or projects; (h) Board approval that the levy may be imposed for such duration as the Board specifies, notwithstanding the contemporaneous existence or subsequent imposition of any other levy for another project, qualified capital purpose, qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose imposed, up to the limit specified in 79-10,110, and other laws, and notwithstanding the subsequent issuance by the district of bonded indebtedness, if any is permitted, payable from its general fund levy or otherwise; and (i) Board establishment and approval to maintain with submission of the itemized estimate, an environmental hazard abatement and accessibility barrier elimination project account, a life safety code modification project account, an indoor air quality project account, a mold abatement and prevention project account, and a qualified capital purpose undertaking or other such sub-accounts, within the qualified capital purpose undertaking fund, so that taxes collected shall be credited to the appropriate account to cover project or undertaking costs and so that such estimates may be presented to the county clerk and taxes levied accordingly (Attachment Two). 

7. That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2017, the approved itemized estimates of the amounts necessary to be expended for the abatement of environmental hazards, for accessibility barrier elimination, and for modifications for life safety code violations, indoor air quality, or mold abatement and prevention in the school buildings or grounds of the Lincoln Public Schools and for any necessary or required qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose as provided by § 79-10,110 and other laws. 

8. That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2017-18 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a "blended component unit" of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or a designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so. 

PROPOSAL
That the Board review and discuss the 2017-18 budget statement, itemized estimate, and resolution.  Please note that the numbers presented are preliminary and subject to change before actual adoption.

For 22 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 of more than one million dollars per year in premium costs alone.

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 consulting and brokering firm.

Proposal:

That the Board review the 2017-18 insurance rates.

Lincoln Public High Schools are members of the Nebraska School Activities Association (NSAA).  The purposes of the NSAA are to formulate and make policies which will cultivate high ideals of citizenship, fair competition, sportsmanship and teamwork; which, will complement the member schools’ curriculum programs, foster uniformity of standards in interscholastic activity competition; and to organize, develop, direct and regulate an interscholastic activity program that is equitable and protects and promotes the health and physical welfare of all participants. 

 As part of the process of supporting and regulating interscholastic activities, the NSAA conducts an annual legislative process to adopt and revise its constitution and by-laws.  When the NSAA adopts new language, it sometimes requires LPS as an active member in the NSAA, to revise its’ policies to stay in compliance with the new language.

 EXPLANATION

The revision of Policy 5111 proposes changes to the requirements for part-time students wishing to participate in NSAA-governed activities to align with the change in NSAA by-laws.

PROPOSAL
The Board approve Policy 5111.

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 2017-18 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration at this meeting. 

1. By 2019, develop, implement, and sustain district initiatives that result in an increased graduation rate, with a goal of 90% on-time graduates that are career and college ready.

2. By December 15, 2017, adopt a Strategic Plan, and provide regular progress reports to the Board of Education commencing in 2018.

3. Establish the Superintendent's High School Task Force to investigate community options and priorities for serving high school students and make recommendations by May 1, 2018.

Pursuant to Policy 8350, attached is the proposed timeline for the 2017-18 Superintendent Evaluation.  The proposed timeline is attached.

August 9:   

TCA Joint Board Meeting, TCA, 8:00 am

Federal Legislative Summit, Strategic Command & Aerospace Museum, 8:00 am

August 14: First Day of School

August 22:  Board Meeting, LPSDO, 6:00 pm

In keeping with Board Policy 8420:

• Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
• 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.  Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
• Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment.  A "Record of Appearance" card is provided for this purpose.
• Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
• In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
• If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
• 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.
• 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, require a change in behavior and may require the person or persons to leave the premises of the Board meeting. 

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.

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.