Public Meeting Agenda: August 11, 2020 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. The Lincoln Board of Education shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

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: (2)

minutes -7-28 Board Meeting

8/3/2020 at 10:47 AM
minutes 7-28 Work Session

7/30/2020 at 10:10 AM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Update - 2020 LPS Pandemic Plan & Procedures and Action if Needed

7. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

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.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons 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.

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 - 17
Change of Status - 5
Leave of Absence - 7
Separations - 20

c. Substitute Certificated Employees:
Elections - 16

d. Classified Employees:
Elections - 65
Separations - 28

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 August 11, 2020, were previously provided.

                Federal Tax ACH Deposit of $5,921,323.90.

                State Tax ACH Deposit of $980,044.90.

                Procurement Card ACH Transfer of $110,540.90.

                Child Support ACH Transfer of $14,589.63.

                Blue Cross/Blue Shield ACH Transfer of $5,476,175.76.

                Term Life/Disability ACH Transfer of $211,792.41.

                Retirement ACH Transfer of $5,596,880.47.

                Vendor ACH Transfer of $11,000.00.

b. PAYROLL FOR RATIFICATION - Payroll for the periods ending July 15 and 31, 2020, in the amount of $16,698,326.34.

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 reading curriculum; online differentiated literacy instruction; science equipment; tunnel ventilation; wellfield; staking services; threat assessment; intervention services; substance abuse counselor; transportation services; mental health services; cheer squad and cheerleader uniforms; tumblers; memorandum of understanding; lease agreement; family literacy instruction; material testing 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 11, 2020.

b. Payroll for the periods ending July 15 and 31, 2020.

c. Gifts for North Star.

d. Bids/contracts/other routine business for reading curriculum; online differentiated literacy instruction; science equipment; tunnel ventilation; wellfield; staking services; threat assessment; intervention services; substance abuse counselor; transportation services; mental health services; cheer squad and cheerleader uniforms; tumblers; memorandum of understanding; lease agreement; family literacy instruction; material testing services; items listed for auction; and any other bids/contracts/routine business as presented.

Attachments: (1)

8-11 Gifts & Bids

8/5/2020 at 7:53 AM

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 431250, 417441, 294029, 416725 and 438350 (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.

Attachments: (1)

Option In 081120 Board Meeting

8/6/2020 at 9:07 AM

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
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2020, deadline. The Lincoln Board of Education may deny or approve these requests. If the requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.

Student Number            Option District
437629 Seward
437626                             Seward
438353 Omaha
438352 Omaha
300514                             Elmwood/Murdock
407534 Lewiston C.S.D
421000                             Raymond Central
260524 Raymond Central
293661                             Raymond Central

Proposal
That the Board approves the requests for option out for the 2020-21 school year.

8.5. Enrollment of Expelled Students

Rationale: Lincoln Public Schools regulation 5460.1 and Nebraska state law provides that if a student has been expelled from any public or private school, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired, unless the Lincoln Board of Education approves by a majority vote the enrollment of such student prior to expiration of the expulsion period. Student number 438033 (for purposes of confidentiality we are using an assigned number) has filed the proper application and has requested enrollment.

Explanation
The Department of Student Services has reviewed the application and the background information on the student and is recommending that the application be approved and that the student be enrolled in the Lincoln Public Schools Expelled Student Program for the remainder of this school year, subject to such terms and conditions as imposed by the Director of Student Services and all program rules and regulations until the term or time period of the original underlying expulsions are completed.
Proposal
That the Board approves the application and all recommendations of the Department of Student Services.

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. Policy 4000 Series

Rationale: Periodically, new circumstances or changes in legislation or regulation from the state or federal government requires the school district to make a number of minor updates to align existing policy without changing the original leadership or organizational intent of the Board. When the Board has a number of such policies to revise, it collects them into a single Board agenda item.

EXPLANATION:
Policies and Regulations have been updated as follows:

Policy 4885 is new in regard to Fraternization.

Regulation 4340.2 is substantially changed to include the new District requirements for permanent status (tenure) for probationary certificated employees.

Regulation 4880.3 is new and is based on new Title IX Federal Guidance/Policy.

Policies 4210, 4300, 4770, 4880 (and Regulations 4760.1 and 4880.1) have been updated to include "gender identification" based on a recent Supreme Court decision.

Regulations 4640.3, 4940.2, and 4950.1 were eliminated as they are no longer current practice or are incorporated into other LPS Policy.

Editorial changes were made to Policies/Regulations: 4000, 4100, 4100.1, 4100.2, 4100.4, 4200.1, 4300.3, 4330.2, 4400, 4400.3, 4500, 4520, 4600, 4600.5, 4610, 4610.1, 4610.2, 4610.3, 4630.1, 4640, 4640.1, 4640.2, 4640.3, 4640.4, 4640.6, 4650, 4660.1, 4690, 4720, 4730, 4730.1, 4740, 4750, 4760.1, 4770, 4772, 4780, 4780.1, 4800.1, 4810, 4820, 4860, 4890, 4890.1, 4900.1, 4900.2, 4910, 4920.3, 4920.4, and 4940.

The following Policies/Regulations are submitted for affirmation as written and do not require revisions: 4100.3, 4200, 4220, 4220.1, 4300.1, 4300.2, 4310, 4310.1, 4320, 4330, 4330.1, 4330.3, 4330.4, 4330.5, 4340, 4340.1, 4400.1, 4400.2, 4400.4, 4420, 4420.1, 4420.2, 4510, 4600.1, 4600.2, 4600.3, 4600.4, 4615, 4620, 4620.1, 4630, 4640.5, 4640.7, 4640.8, 4660, 4670, 4670.1, 4670.2, 4670.3, 4680, 4700, 4710, 4710.1, 4760, 4775, 4790, 4800, 4825, 4830, 4840, 4850, 4865, 4870, 4880.2, 4900, 4920, 4920.1, 4920.2, 4930, 4940.1, 4950, 4960, 4960.1, 4960.2, 4960.3, and 4970.

Attachments: (1)

4000 - Human Resources - Updated 8-4-2020, CW3

8/4/2020 at 3:36 PM

9.1.2. Regulation 4880.3 - Procedure for Complaints of Sexual Harassment

Rationale: Periodically, new circumstances or changes in legislation or regulation from the state or federal government requires the school district to make a number of minor updates to align existing policy without changing the original leadership or organizational intent of the Board. When the Board has a number of such policies to revise, it collects them into a single Board agenda item.

EXPLANATION:

Regulation 4880.3 is new and is based on new Title IX Federal Guidance/Policy.

Attachments: (1)

Regulation 4880.3 from 4000 Series Policies - Human Resources

8/6/2020 at 9:28 AM

9.2. From the Superintendent

9.2.1. Interlocal Cooperation Act Agreement for School Resource Officers and Threat Assessment Officer #10000

Rationale:

Resource officers are assigned to LPS middle and high schools and a threat assessment officer is assigned to the district. The officers assist with the education of students, assist staff, and facilitate communication between LPS and LPD. School Resource Officers take appropriate law enforcement action when situations arise requiring the exercise of police authority.

Explanation
It is recommended that an agreement be entered into with the City of Lincoln for providing school resource officers and a threat assessment officer for the period of September 1, 2020, through August 31, 2021. The agreement may be renewed for additional one-year periods upon mutual written agreement of the parties.

Either the City or Lincoln Public Schools may terminate this agreement without cause by giving the other party sixty (60) days’ written notice.

This will be an expenditure of $282,377.55. In no calendar year shall the cost per officer per year payable by LPS be greater than such cost in the prior year, compounded by a growth limitation of 5 percent per calendar year. The increase for 2020 is 4.94 percent.

This expenditure will be from the General Fund.

Proposal
The Board, by approving this agenda item, is also consenting to and approving this Interlocal Agreement with the City of Lincoln and any associated documents related thereto according to the terms and conditions as presented or such other or additional terms and provisions as hereinafter negotiated and approved by the Associate Superintendent for Business Affairs or a designee; and the Board is further hereby delegating to and authorizing the Superintendent, Associate Superintendent for Business Affairs or a designee to sign and deliver this Interlocal Agreement 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 implement and administer the Agreement on a day to day basis; to sign and deliver any renewal Agreement’s or to terminate the same as contemplated thereby and determined appropriate, for and on behalf of this school district, and unless otherwise provided by the agreement hereby designates the Director of Security, or another person as selected by the Superintendent, or the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.

9.2.2. New Northwest High School Site Geothermal Wellfield Package #9877-03

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the district’s construction manager at risk for the new high school site (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 a geothermal wellfield 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 3 (Geothermal Well Field)
K-2 Construction (Lincoln, Nebraska) $1,336,000.00
Mid America Drilling Corp. (Oakland, Iowa) $2,250,073.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $1,336,000.00 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 K-2 Construction, the contract documents for the work on these Projects 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.

9.2.3. New Northwest High School Cast-in-Place Foundations & Walls Package #9877-03

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the district’s construction manager at risk for the new high school site (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 Footings and Foundations 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 3 (CIP Foundations & Walls)
Hausmann Construction, Inc. (Lincoln, Nebraska) $4,395,000.00
Heartland Concrete & Construction (Hastings, Nebraska) $4,522,000.00
Stephens & Smith Construction Co., Inc. (Lincoln, Nebraska) $4,605,000.00
Vogt Poured Walls, (Walton, Nebraska) $4,675,000.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $4,395,000.00 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 Hausmann Construction Inc., the contract documents for the work on these Projects 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.

.

9.2.4. New Northwest High School Site Access Package #9877-03

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the district’s construction manager at risk for the new high school site (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 site access 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 3 (Site Access)
Hausmann Construction (Lincoln, Nebraska) $252,000.00
Gana Trucking & Excavating, Inc. (Martell, Nebraska) $274,368.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $252,000.00 from the 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Hausmann Construction, the contract documents for the work on these Projects 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.

.

9.2.5. New Northwest High School Sites Structural Steel Package #9877-03

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 Structural Steel 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 3 (Structural Steel)
Katelman Steel Fabrication, Inc. (Council Bluffs, Iowa) $3,694,300.00
Heartland Concrete & Construction (Hastings, Nebraska) $4,214,000.00
Donner Steel Works, Inc. (Lincoln, Nebraska) $4,215,200.00
P&M Steel (Sioux Falls, South Dakota) $4,659,223.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $3,694,300.00 from the 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Katelman Steel Fabrication, the contract documents for the work on these Projects 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.

9.2.6. New Northwest High School Site Concrete Paving Package #9877-03

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the district’s construction manager at risk for the new high school site (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 paving 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 3 (Concrete Paving)
Heartland Concrete & Construction (Hastings, Nebraska) $1,970,038.00
Concrete Works, Inc. (Milford, Nebraska) $2,001,212.00
Silver Ridge Construction, Inc. (Lincoln, Nebraska) $2,619,695.00
Byrn & Jones Construction (Gretna, Nebraska) $3,080,391.00

One bid was withdrawn. A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $1,970,038.00 from the 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Heartland Construction & Concrete, the contract documents for the work on these Projects 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.

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. 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 two parcels of land, which automatically brings these properties into the district of Lincoln Public Schools. 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:

Highland View, Annexation Ordinance #20007, for 2020-21 school year: Kooser Elementary School, Schoo Middle School, and North Star High School

Dominion at Stevens Creek, Annexation Ordinance #20008, for 2020-21 school year: Meadow Lane Elementary School, Culler Middle School, and East High School

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

Attachments: (2)

8-11 Annexation - Attachment one

7/31/2020 at 8:32 AM
8-11 Annexation - Attachment two

7/31/2020 at 8:32 AM

10.2. From the Superintendent

10.2.1. 2020-21 Board of Education and Superintendent Annual 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 2020-21 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration at this meeting.

By August 2020, develop and implement a pandemic operational plan where students learn safely and effectively and is responsive to evolving circumstances.
Strengthen equity, diversity, and inclusion within Lincoln Public Schools and provide an update to the Board by April 15, 2021.

10.2.2. Policy 5520 Appendix 1 - Students - Student Fees

Rationale: The Board of Education of Lincoln Public Schools annually reviews and approves Policy 5520 to ensure that its policy is in accordance with the Public Elementary and Secondary Student Fees Authorization Act. Revisions to Policy 5520 and Appendix 1 for the 2020-2021 school year were approved by the Board of Education on April 28, 2020.

The district’s general policy is to provide for the free instruction in school in accordance with the Nebraska Constitution and state and federal law. This generally means that the district’s policy is to provide free instruction for courses that are required by state law or regulation and to provide the staff, facility, equipment, and materials necessary for such instruction without charge or fee to the students.

The district does provide activities, programs, and services to children that extend beyond the minimum level of constitutionally required free instruction. Students and their parents have historically contributed to the district’s efforts to provide such activities, programs, and services. The district’s general policy is to continue to encourage and to the extent permitted by law, to require such student and parent contributions to enhance the educational program provided by the district.

Explanation
With the requirement that students wear face coverings during the 2020-2021 school year, it is recommended that one addition be made to Policy 5520 Appendix 1 to reflect this new requirement.

Proposal
That the Board approve revisions to Policy 5520 and Appendix 1.

Attachments: (1)

Policy5520Appendix7.6.20V3

8/4/2020 at 8:43 AM

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

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: August 12 - First Day of School
August 24 - Public Hearing (Budget), LPSDO, 6:00 pm
August 25 - Board Meeting, LPSDO, 6:00 pm

15. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

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.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons 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.

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.

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

August 11, 2020 at 6:00 PM - Board of Education Regular Meeting

Web Viewer