June 23, 2020 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. |
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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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7. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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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: Proposal: |
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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 June 23, 2020, were previously provided. Federal Tax ACH Deposit of $5,870,563.78. State Tax ACH Deposit of $890,085.78. Procurement Card ACH Transfer of $48,977.22. Child Support ACH Transfer of $15,547.44. Retirement ACH Transfer of $5,233,057.65. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending May 29 & June 4, 2020, in the amount of $16,790,945.05. 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 computer hardware; network servers; Chromebook bags; heat pumps; masks; e-books; disposable products; appliances; hydraulic elevator package; paving; an agreement for training; engineering services; 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 June 23, 2020. b. Payroll for the periods ending May 29 & June 4, 2020.
c. Gifts for Clinton and Kooser.
d. Bids/contracts/other routine business for the purchase of computer hardware; network servers; Chromebook bags; heat pumps; masks; e-books; disposable products; appliances; hydraulic elevator package; paving; an agreement for training; engineering services; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Applications for 2020-21
Rationale:
On February 11, 2020, the Board adopted a resolution to accept option enrollment students for the 2020-21 school year. Applications for enrollment during the 2020-21 school year have been received and are in compliance with the Board resolution of February 11, 2020.
Explanation The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of February 11, 2020. Staff recommends approval of the applications. Proposal That the Board adopts the following resolution: WHEREAS, the students who have been assigned student numbers 437329, 434889 and 437283 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 11, 2020, 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 Requests for Enrollment Option Out 2020-21
Rationale:
March 15, 2020, 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 2020-21 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 Student Number Option District |
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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. Resolution Regarding the Framework for the Reopening of Schools
Rationale:
Due to the COVID-19 Pandemic, the district is working with the Lincoln-Lancaster County Health Department (LLCHD) to develop best practices to reopen district schools and facilities for the 2020-21 school year.
Explanation: The attached Resolution is being presented for discussion, consideration, and action regarding the reopening of district schools and facilities within the framework of the LLCHD COVID-19 Risk Dial.
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9.1.2. Annexation Agreement with the City of Lincoln
Rationale:
The Board of Education has previously approved the purchase of approximate 143.57 acres of real estate generally located at the northeast corner of the intersection of South 70th Street and Saltillo Road, Lancaster County, Nebraska, for use as a site for a new high school facility and related athletic and other on-site improvements. In order to develop the property for the intended purposes, the site must be annexed into the boundaries of the City of Lincoln (City) and adjacent, off-site roads, utilities and other related infrastructure must be designed, constructed and installed.
It is recommended that Lincoln Public Schools (LPS) enter into an annexation agreement with the City to allow the property to be annexed into the boundaries of the City, to cause adjacent, off-site roads, utilities and other related infrastructure be designed, constructed and installed by LPS, and to develop the agreed-upon cost share and cost reimbursement allocations between LPS and the City for such infrastructure. Explanation
The annexation agreement calls for design, construction and installation of roads, utilities and related infrastructure on and along S. 70th Street and Saltillo Road adjacent to the site, with the latest opinion of probable cost of construction of approximately $4,950,000. LPS will have the responsibility to cause the design, construction and installation of such infrastructure and for initial payment of costs and expenses related thereto. The City will reimburse LPS for a portion of the infrastructure costs in the amount of about $2,250,000, subject to final design and negotiation of the cost share between the parties and construction costs. The Board’s Planning Committee recommends the purchase. Proposal
That the Board discuss, consider, approve, and adopt the following proposed resolution: BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Annexation Agreement relating to the approximately 143.57 acre tract of real property to be purchased by LPS generally located at the northeast corner of the intersection of South 70th Street and Saltillo Road, Lancaster County, Nebraska (hereinafter the "Agreement") in the form as discussed at this meeting and on file with official LPS records, available on request as permitted by law, and with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved; BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the school district should be and is hereby delegated the authority and is authorized and directed to finally negotiate and then sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the school district, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to complete and pay for all design, construction, installation of road, utilities and other related off-site infrastructure and other requirements contained in such Agreement, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in completing LPS’ obligations under the Agreement, to pay the costs and expenses required under the Agreement, and all other transaction fees, costs and expenses as provided in the Agreement or as otherwise necessary, and to take or cause to be taken all other action necessary or appropriate to complete the transaction, or otherwise for LPS school purposes. |
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9.2. From the Superintendent
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9.2.1. Proposed 2020-21 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.
Attached are the 2019-20 pay rates for substitute and miscellaneous employees and the proposed 2020-21 pay rates for such employees. The recommended salary increase is zero percent for all substitute and miscellaneous employee groups as attached. The determination of the recommended salary is made in conjunction with the supervisor of that employee group and an assessment of the availability of candidates for the positions.
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9.2.2. New High School Sites Precast Supply Package #9877-02
Rationale:
LPS contracted with Hausmann Construction, Inc., to serve as the district’s construction manager at risk for the new high school sites (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for precast supply on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.
Explanation
Bid Scopes and Construction Manager Recommendations: Scope 2 (Precast Supply) Coreslab Structures Inc., (Bellevue, Nebraska) $3,517,620.00 Concrete Industries Inc., (Lincoln, Nebraska) $4,255,000.00 A complete bid tabulation is available in the Purchasing Department. This will be an expenditure of $3,517,620.00 from 2020 Bond fund. Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Coreslab Structures Inc., the contract documents for the work on 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, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives 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 any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction 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 Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects. |
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9.2.3. Fresh Fruits and Vegetables #9915
Rationale:
Proposals were requested from interested vendors to provide fresh fruits and vegetables to be delivered to all cafeterias as needed during the period of July 1, 2020, through June 30, 2021, with renewals for 2021-22 and 2022-23.
Explanation
It is recommended that award be confirmed to the lowest responsible vendor meeting specifications, based on estimated expenditures: Greenberg Fruit Co., Inc. (Omaha, Nebraska) estimated $950,000.00, annual There was one other proposal which offered fewer of the requested items and was evaluated at a higher cost comparison. A complete tabulation of proposals is available in the Purchasing Department. This will be an estimated expenditure of $950,000.00, annually, from the Nutrition Services Fund. Proposal That the Board discuss this award to Greenberg Fruit Company, Inc. The Board, by approving this purchase with the above vendor, 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 this purchase order. |
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9.2.4. CARES Act Elementary and Secondary School Emergency Relief Fund Grant through Nebraska Department of Education
Rationale:
Section 18003 of the recently enacted federal CARES Act establishes the Elementary Secondary School Emergency Relief (ESSER) Fund. The US Department of Education will award these grants to state educational agencies (SEAs) for the purpose of providing local educational agencies (LEAs) with emergency relief funds to address the impact that COVID-19 has had, and continues to have, on elementary and secondary schools across the nation. The core purpose of the Elementary and Secondary School Emergency Relief Fund is to provide direct money to school districts to support areas impacted by the disruption from COVID-19. This includes both continuing to provide educational services while schools are closed, such as remote learning; and developing and implementing plans for the return to normal operations. Explanation LPS is estimated to receive approximately $8,000,000 from the ESSER Fund. Expenses incurred on or after March 13th related to COVID19 can be reimbursed, and funds will remain available for obligation through September 30, 2022. Following guidance in the CARES Act, LPS will utilize grant funds to support necessary expenses for remote learning not budgeted in the district general budget for 2019-20 or 2020-21 (additional Chromebooks and bags not included in the CLASS Plan, hot spots, learning packets), and additional expenses for the 2020-2021 school year such as, but not limited to, cleaning, training, supplies, personal protective equipment, and staff costs related to the pandemic. Proposal |
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9.2.5. Chromebooks for Grades 3-5 #9948
Rationale:
The CLASS technology plan provides budget resources in the 2020-21 fiscal year for the purchase of enough Chromebooks to provide one for use by each student in grades 3-5. This purchase is consistent with the current infrastructure of Dell 11" Chromebooks that were reviewed in response to RFQ 8064. The Dell model scored highest in the evaluation of features and performance in that evaluation. This purchase helps ensure the continuation of the consistent service, support, and functionality that has been established with the district’s existing fleet of Chromebooks for students.
Explanation Instructional needs associated with remote learning and the increasing use of digital curriculum and online assessment are indicators of the degree to which Chromebooks have become an integral part of teaching and learning. Chromebooks were first purchased for students in Grades 3-5 in September, 2015. Those devices, originally purchased with the intent of a 3-year lifecycle that was extended to 4 years, are approaching the end of their fifth year of service and need to be replaced to ensure operational viability. The distribution of these Chromebooks during the 2020-21 school year will be designed to meet existing demands. The deployment plan will be based on the model that has been successfully implemented in previous years. It is recommended that the Board award a total of $2,425,247.88 to Dell, Inc. (Round Rock, TX) to purchase 9,361 Dell 11" Chromebooks including 3-year maintenance.
This will be an expenditure of $2,425,247.88 from the Depreciation Fund. Proposal
That the Board confirm this award to Dell, Inc. Lead times are 6 business days for the delivery of Dell Chromebooks to Sterling Computers, 5 weeks for Sterling to process and deliver all the Chromebooks to LPS for distribution, and approximately 8 weeks to distribute the Chromebooks to all elementary schools and prepare elementary teachers in their effective use. A complete project timeline has been shared with the Board Technology Committee. The Board, by approving these purchases, hereby designates the Chief Technology Officer or another person as selected by the Superintendent or a designee from time to time as its program administrator under these purchase orders. |
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9.2.6. CLC Agreements with B&GC of Lincoln/Lancaster Cty, Cedars, Family Service, LHA, Lincoln Parks & Rec, Malone Community Center, Nebraskans for Civic Reform, Northeast Family Center, Willard Community Center, YMCA #9951
Rationale:
Lincoln Public Schools has various sites throughout the district which provide services related to Community Learning Center (CLC) activities.
Explanation
It is recommended that agreements be entered into between Lincoln Public Schools and the following entities: Boys and Girls Club of Lincoln/Lancaster County. Cedars Youth Services, Family Service Association, Lincoln Housing Authority, Lincoln Parks and Recreation, Malone Community Center, Nebraskans for Civic Reform, Northeast Family Center, Willard Community Center, and YMCA of Lincoln, to provide services related to Community Learning Center (CLC) activities at various LPS locations. These agreements will be valid through September 30, 2020.
This will be an expenditure of $1,271,516.00 from the General, Federal, and Special Grant Funds. Complete copies of the proposed agreements are available in the Purchasing Department. Proposal
The Board, by approving this agreement with the CLC sites, 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 CLC, 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. |
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. Proposed Contract with the Superintendent of Schools
Rationale:
Annually, the Board of Education evaluates and reviews the contract of the Superintendent of Schools. The 2019-20 evaluation of Steve Joel, Superintendent, is complete and being recommended for approval to be placed in his personnel file.
The proposed contract is being recommended for extension and with a salary increase of zero percent. Explanation: It is recommended that the current contract for the Superintendent be amended as attached.
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10.2. From Board Committees
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10.3. From the Superintendent
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10.4. Proposed Contracts with the Associate Superintendents for Instruction, Business Affairs, Human Resources, and General Administration and Governmental Relations
Rationale:
Annually, the Board of Education reviews the contracts of the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Associate Superintendent for General Administration and Governmental Relations.
The proposed contracts for the four Associate Superintendents are recommended for extension and with a salary increase of zero percent. Explanation: It is recommended that the current contract for each of the four Associate Superintendents be amended as attached.
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11. EXPEDITED/EMERGENCY ACTIONS
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12. ITEM(S) REMOVED FROM CONSENT AGENDA
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13. INFORMATIONAL ITEMS/REPORTS
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13.1. From Board Committees
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13.2. From The Career Academy
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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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 May 31, 2020, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
June 24: Budget Public Forum, 5:00 pm, LPSDO
June 25: Virtual Budget Public Forum, 7:00 pm Graduations July 24: LNE, 6:00 pm, PBA July 25: LSW, 8:30 am, PBA East, 1:30 pm, PBA LNS, 6:30 pm, PBA July 26: LSE, 12 pm, PBA LHS, 5:30 pm, PBA July 28: FLPS Board Meeting, 8:15 am, LPSDO Board Work Session, 4:30 pm, LPSDO Board Meeting, 6:00 pm, LPSDO |
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15. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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16. REQUEST FOR CLOSED SESSION
Rationale:
The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.
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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. 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. |
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17. ADJOURNMENT
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