Public Meeting Agenda: August 13, 2013 at 6:00 PM - Board of Education Regular Meeting

1. LPS BOARD OF EDUCATION INFORMATION

Rationale:

Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media. A mailing list is maintained at the Lincoln Public Schools District Office. A public notice was published in the LINCOLN JOURNAL STAR.

The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.

2. CALL TO ORDER

3. ROLL CALL

4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION

5. PUBLIC HEARING ON 2013-14 PROPOSED BUDGET

6. 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: (3)

7-23 Board Budget Work Session Minutes

8/8/2013 at 6:06 PM
7-23 Board Meeting Minutes

8/8/2013 at 6:22 PM
7-24 Board Special Meeting/Retreat Minutes

8/8/2013 at 6:08 PM

7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

7.1. Superintendent Facilities Advisory Committee (SFAC) Update

8. PUBLIC COMMENT

Rationale: In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.

9. CONSENT AGENDA

Rationale:

9.1. Human Resources Matters

Rationale:

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. Administrator Certificated Employees:
             Separations – 1
   b. Certificated Employees:
             Elections – 98
             Re-Elections Same Assignment – 22
             Re-Elections New Assignment – 6
             Changes of Status – 12
             Leaves of Absence – 13
             Separations – 8
   c. Substitute Certificated Employees:
             Elections – 1
             Changes of Status – 1
             Separations – 50

   d. Certificated Employees:
             Elections – 28
             Changes of Status – 14
             Separations – 23
   e. Approval of recommended agreement with Crowe Paradis Services Corporation to perform professional services related
        to Medicare mandatory reporting for Workers’ Compensation claims.

Proposal
That the Board approve the Human Resources items presented in the attachment(s).*

*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations. Therefore, this attachment(s) is not included in agenda materials provided the public and the news media. Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or her designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or her designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.

9.2. 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 13, 2013, were previously provided.

       Federal Tax ACH Deposit of $4,728,565.31.

       State Income Tax ACH Deposit of $729,339.66.

       State Diesel Tax ACH Deposit of $11,822.00.

       Procurement Card ACH Transfer of $81,591.68.

       Office Depot ACH Transfer of $31,728.48.

       Vendor ACH Transfer of $8,365.32.

b.   PAYROLL FOR RATIFICATION – Payroll for the period ending July 31, 2013, in the amount of $12,244,628.33.

c.   BIDS/CONTRACTS/OTHER ROUTINE BUSINESS – Bids/contracts/other routine business will be presented for approval for an air handling unit for the Facilities and Maintenance building; water heaters for the Facilities and Maintenance stock for use at locations as needed; musical instruments for use by students at all locations; an amendment to the 1 to 1 Tutoring, LLC agreement; renewal of the agreement for retainer and legal services; an agreement with Cedars Youth Services for an expansion of the Parent Support Program; and agreement with Educare of Lincoln for an expansion of services; an agreement with Educare of Lincoln for comprehensive preschool 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 August 13, 2013.

b.   Payroll for the period ending July 31, 2013.

c.   Bids/contracts/other routine business for an air handling unit for the Facilities and Maintenance building; water heaters for the Facilities and Maintenance stock for use at locations as needed; musical instruments for use by students at all locations; an amendment to the 1 to 1 Tutoring, LLC agreement; renewal of the agreement for retainer and legal services; an agreement with Cedars Youth Services for an expansion of the Parent Support Program; and agreement with Educare of Lincoln for an expansion of services; an agreement with Educare of Lincoln for comprehensive preschool services; and any other bids/contracts/routine business as presented.

*That the Board is approving routine business and the listed bids and contracts with the information and in the form as presented, and except as to amount bid or total contract price, in such other form as may be approved by the Associate Superintendent for Business Affairs, or his designee, and that the Board hereby authorizes the Associate Superintendent for Business Affairs, or his designee, 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 the transaction as contemplated, for and on behalf of this school district.

Attachments: (1)

8-13 Bids/Contracts

8/7/2013 at 11:40 AM

9.3. Option Enrollment Student Applications for 2013-14

Rationale: On February 12, 2013, the Board adopted a resolution to accept option students for the 2013-14 school year. Applications have been received from students requesting that they be accepted as option students for the 2013-14 school year. Staff recommends that the students referred to in this agenda item be accepted for enrollment as they are in compliance with the Board resolution of February 12, 2013.

Explanation
Staff has examined the application of the student included in this proposal. The student meets one of the criteria set forth by the Board in its resolution of February 12, 2013. Staff recommends approval of this application.

Proposal
That the Board adopt the following resolution:

WHEREAS the students who have been assigned student number 296181, 286080, 286437, 265443, 296210 and 296211 (for purposes of confidentiality, assigned numbers are being used) meet one of the criteria of the Board resolution of February 12, 2013, 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)

8-13-13 option in form

8/7/2013 at 10:04 AM

9.4. Late Request For Enrollment Option Out 2013-14

Rationale: March 15, 2013 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 2013-14 school year. The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).

Explanation
Requests from students who reside in the Lincoln Public Schools District and wish to attend school outside of the Lincoln Public Schools District have been received after the March 15, 2013, deadline.   The Lincoln Public Schools Board of Education may deny or approve these requests. If these requests are approved by the Board of Education, they will be forwarded to the option school district for their approval.

                                          Student Number                              Option District

                                          242526                                           Waverly
                                          263881                                           Waverly

Proposal
That the Board approve these requests for option out for the 2013-14 school year.

Attachments: (1)

8-13-13 option out form

8/7/2013 at 10:10 AM

10. 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.

10.1. From Board Committees

10.1.1. 2013-14 Lincoln Public Schools Budget Adoption

Rationale:

The Board of Education held a public hearing on the 2013-14 budget on August 13, 2013.

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, and 79-10,110 R.R.S. Neb., and other Nebraska laws. After Board review, the following resolution will be presented for approval on August 27, 2013.

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, 2013, and ending August 31, 2014, namely:

$181,896,213 - 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.

$27,918,156 - 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.

$5,203,163 - 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 $215,017,532, 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, 2013, 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 2013-14 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 2013-14 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 two-tenths 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 two-tenths 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 two-tenths 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, 2013, 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 2013-14 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 his 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 2013-14 budget statement, itemized estimate, and resolution. Please note that the numbers presented are preliminary and subject to change before actual adoption.

Attachments: (1)

8-13 LPS Budget

8/7/2013 at 11:25 AM

10.1.2. 2013-14 Insurance Rates

Rationale:

Explanation
For 18 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 information regarding various other coverage options as compared to the Owner Controlled Protected Self-Insurance program.

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. This year two quotes were received and analyzed by the district through the LPS insurance consulting and brokering firm, UNICO.

Proposal
That the Board review the 2013-14 insurance rates.

Attachments: (1)

2013-14 Insurance Rates

8/7/2013 at 2:02 PM

10.2. From the Superintendent

10.2.1. The Board of Education and Superintendent's 2013-14 Goals and Priorities

Rationale:

Annually, the Board of Education evaluates the Superintendent and develops Annual Priorities for the Superintendent for the coming school year.

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

The Board of Education and Superintendent’s 2013-14 Annual Goals and Priorities are in final form for review and discussion at this meeting.

Proposal
That the Board of Education review and discuss the Board of Education and Superintendent’s 2013-14 Annual Goals and Priorities for approval at the next meeting.

Attachments: (1)

2013-14 Goals and Priorities

8/7/2013 at 12:30 PM

10.2.2. Family Literacy Grant Application, Abel Foundation

Rationale: Lincoln Public Schools offers family literacy programs throughout the district, and is applying for an Abel Foundation grant to provide additional funding to expand family literacy services. The Family Literacy Model includes the following four components:

Adult Education Instruction
Children's Education
Parent and Child Together Time (PACT)
Parenting Classes

These services are provided at a variety of elementary schools in the district to 15-20 families at each location. The parents commit to participating in at least 12 hours each week in support of their family literacy development.

Explanation
The overarching goal of the Family Literacy Program is to help participating families reach their full potential. These grants will support family literacy services provided to targeted English learning families whose students have been identified through an assessment process. High standards for attendance and performance in the courses are maintained for participating families.

1) Provide quality adult ESL classes.

2) Host effective family/school/community education classes and events.

3) Bring adults and children together during Parent and Child Together Time PACT.

4) Teach student literacy through a viable district curriculum.

The request to the Abel Foundation is in addition to the previous requests made and approved by the Board of Education for this same purpose.

Proposal
That the Board approve submission of the Abel Foundation Grant Application for the Family Literacy proposal for $10,000 for one year. This program has no cost sharing or match, and has an open deadline for submission.

11. SECOND READING, RECOMMENDED FOR ACTION

11.1. From Board Committees

11.2. From the Superintendent

11.2.1. Item(s) Removed from Consent Agenda

11.2.2. Expedited/Emergency Actions

12. INFORMATIONAL ITEMS/REPORTS

12.1. From Board Committees

12.2. From the Superintendent

12.2.1. Superintendent Update

12.2.2. Career Academy

Rationale: On July 23, 2013, the Lincoln Public Schools Board of Education approved a resolution directing staff to continue negotiations and planning for a career academy. In addition, the resolution directed that staff was to bring back information, updates, and recommendations to the Board as planning progressed.

Explanation
In order to further develop the project requirements and to secure an accurate budget for cost of the work, Southeast Community College (SCC) and Lincoln Public Schools (LPS) staff have determined that the appropriate next step in the planning process is retention of an architect.

The request for proposal (RFP) process to hire an architect will occur through the standard district process throughout the months of August and September. Communication of the project to interested parties has begun and will include a pre-proposal conference on August 16, 2013. The proposal submission deadline will be August 22, 2013, with interviews scheduled for August 29, 2013. Staff will make a recommendation to the Board on or before September 10, 2013. The contractual relationship will be between SCC and the architect, with LPS acting as an agent with oversight of the project. The cost of architectural services will be split 50-50 between LPS and SCC. The design work completed by the architect will further articulate the career academy project and define funding levels required for construction of the career academy.

Proposal
Information item; no action required.

13. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: August 27, Board Meeting and ESU 18 Board Meeting, 6:00 p.m. County City Building

14. PUBLIC COMMENT

Rationale: In keeping with Policy 8420, a time limit of five minutes will be allotted for any speaker. At the discretion of the Chair, the speaker may be allotted additional time.

15. REQUEST FOR CLOSED SESSION

15.1. 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.

16. ADJOURNMENT

August 13, 2013 at 6:00 PM - Board of Education Regular Meeting

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