November 13, 2018 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.
Attachments:
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Staff Recognition: Tracy Way Honored With The Nebraska Spirit of Advising Award From the Family, Career and Community Leaders of America (FCCLA)
Rationale:
Tracy Way, Family and Consumer Sciences Teacher at Lincoln Southwest High School, was recently honored with Nebraska’s 2018 Spirit of Advising Award from the Family, Career and Community Leaders of America (FCCLA) student organization. The award recognizes Ms. Way for her outstanding work as an Adviser for the school’s FCCLA Chapter. FCCLA helps students grow as leaders and addresses personal, family, work and societal issues through family and consumer sciences education. Ms. Way received her award last summer at the FCCLA National Leadership Conference held in Atlanta, Georgia.
The Family, Career and Community Leaders of America student organization honored Tracy Way of Lincoln Southwest High School with the 2018 Spirit of Advising Award for Nebraska. Ms. Way is a Family and Consumer Sciences Teacher and the school’s FCCLA Chapter Adviser. Kristen Vest, Nebraska FCCLA State Adviser, and Family and Consumer Sciences/Human Sciences and Education Career Field Specialist at the Nebraska Department of Education said this about Way: "The Spirit of Advising Award recognizes a Chapter Adviser who is constantly faithful, often working quietly behind the scenes to ensure the success of their students. This year’s award winner is definitely one such adviser. Her passion to help every student succeed is evident in the classroom and in her Chapter." |
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6.2. Strategic Plan Update - Support for Educators
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7. PUBLIC COMMENT
Rationale:
In keeping with Board Policy 8420:
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8. CONSENT AGENDA
Rationale:
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8.1. 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. Proposal:
That the Board approve the Human Resources items presented in the attachment(s).*
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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 November 13, 2018, were previously provided. Federal Tax ACH Deposit of $6,328,677.02. State Tax ACH Deposit of $889,416.65. Procurement Card ACH Transfer of $109,913.55. Child Support ACH Transfer of $18,615.52. Office Depot ACH Transfer of $7,704.10. Blue Cross/Blue Shield ACH Transfer of $5,106,508.57. Vendor ACH Transfer of $191,286.16. b. PAYROLL FOR RATIFICATION - Payroll for the period ending October 31, 2018, in the amount of $17,821,208.34. 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 construction and installation of SEM stations; replacement laptops, computers, and hardware; agreements for professional services; engineering 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 November 13, 2018. b. Payroll for the period ending October 31, 2018.
c. Gifts for Lux, Meadow Lane, and Northeast.
d. Bids/contracts/other routine business for approval for construction and installation of SEM stations; replacement laptops, computers, and hardware; agreements for professional services; engineering services; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application For 2018-19
Rationale:
On February 13, 2018, the Board adopted a resolution to accept an option enrollment student for the 2018-19 school year. An application for enrollment during the 2018-19 school year has been received and is in compliance with the Board resolution of February 13, 2018. Explanation WHEREAS, the student who has been assigned student number 417005 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of February 13, 2018, with regard to such option student; THEREFORE, BE IT RESOLVED that the aforementioned student be accepted as an option student on the condition and with the express understanding that all programs, all classes and all buildings of assignment, except as otherwise required by law, shall at all times and from time to time during attendance at Lincoln Public Schools be determined solely by Lincoln Public Schools.
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8.4. Late Request for Enrollment Option Out 2018-19
Rationale:
March 15, 2018, 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 2018-19 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 Proposal |
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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. 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 a parcel of land, which automatically brings this property into the district of Lincoln Public Schools. This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending: N 84th St & Holdrege St, Annexation Ordinance #20579, for 2018-19 school year: Meadow Lane Elementary School, Culler Middle School, and East High School. Proposal That the Board discuss the proposed attendance area assignments of the newly annexed property.
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9.2. From the Superintendent
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9.2.1. Fruits, Vegetables, and Potatoes #9513
Rationale:
Bids were requested from interested vendors to provide frozen and canned fruit, vegetable, and potato products for use by Nutrition Services for all locations. The contract prices are for the period of December 1, 2018, through November 30, 2019. There are two optional one-year renewal periods.
Explanation It is recommended that award be made to the lowest responsible vendors meeting specifications, based on estimated expenditures: Churchfield Trading Company (Boise, Idaho) $49,607.55 Sysco Lincoln (Lincoln, Nebraska) $79,635.39 J.R. Simplot Company (Boise, Idaho) $339,170.70 Simco Foods (Los Angeles, California) $48,864.00 Total $517,277.64 (estimated annual) There were 43 items on the bid. Proposals and contracts are available in the Purchasing Department. This will be an estimated annual expenditure of $517,277.64 from the Nutrition Services Fund. Proposal That the Board discuss this award to the above listed vendors. The Board, by approving these purchases with the above vendors, 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 these purchase orders. |
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. Policy Series 2000 - Administration
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.
Policy 2400 contains a minor grammatical correction. The following policies are submitted for affirmation as written and do not require revisions: 2000, 2100, 2110, 2111, 2113, 2120, 2125, 2130, 2135, 2140, 2150, 2200, 2420, 2430, 2440, 2450, 2460, 2500, and 2501.
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10.1.2. Policy 2112 - Performance Appraisal of Superintendent
Rationale:
Through the different series of Lincoln Board of Education Policies, multiple policies may address the same practice from a different perspective. To avoid the issue of publishing conflicting policies, the Board of Education may make a reference in one policy to another policy that contains information on the policy issues. By following this practice, when the policy in which the content is contained is updated, the policy with the reference to that policy is automatically updated.
EXPLANATION: The revision to the policy removes verbiage regarding the process of evaluating the Superintendent in Policy 2112 and provides a reference to Policy 8350 which delineates the process in detail.
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10.1.3. Policy 2410 - Line of Responsibility
Rationale:
Periodically, new circumstances require the school district to respond with a policy revision when it is found that the existing policy no longer completely covers current issues.
The revision to policy 2410 provides a second option for the Superintendent to consider when appointing staff to run the district in his/her absence. The current Policy 2410 sets up a rank of order among the Associate Superintendents to serve in the role of Superintendent in his/her absence. The revision to policy adds the option to the Superintendent to use his/her discretion to establish an order among the Associate Superintendents rather than rely on the rank order. The revision also clarifies the titles of individuals to be considered to serve in that role in the absence of the Superintendent.
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10.1.4. Schleich Property Purchase #9517
Rationale:
It is recommended that Lincoln Public Schools (LPS) purchase real estate potentially suitable as an elementary school site generally located south of Rokeby Road, between 70th and 84th Streets, which is currently owned by Rokeby Holdings, Ltd. The exact legal description for the property will be determined before closing by survey or plat, but generally will consist of: A portion of Lots 22, 23, 24, 25 and 28, Irregular Tracts, located in the north half of Section 34, Township 9 North, Range 7 East of the 6th P.M., Lancaster County, Nebraska (hereinafter the "Property").
Explanation The purchase calls for payment of $1,506,000.00 plus payment of certain on and offsite development costs and expenses in amounts to be determined before closing. The Board’s Planning Committee recommends the purchase. The site is intended to be used for future school sites. Proposal That the Board approve the proposed resolution with Rokeby Holdings, Ltd. 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 Property Purchase and Sale Agreement for the Schleich site ("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 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 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 due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in the purchase and sale transaction and in the site development, to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the purchase agreement, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described property to be purchased, received and developed by LPS under the Agreement. |
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10.1.5. Wilderness Hills Area Land Exchange #9516
Rationale:
In order to better utilize and develop the Wilderness Hills Area, Lincoln Public Schools ("LPS") and Lincoln Federal Bancorp, Inc. ("LF") desire to exchange portions of the LPS Property and the surrounding LF Property and provide LPS a cash boot difference.
Explanation As such, it is recommended that LPS enter into a Land Exchange Agreement with LF wherein LPS will transfer to LF approximately 13.84 acres (the "LPS Exchange Property") and LF will transfer to LPS approximately 0.05 acres (the "LF Exchange Property"). The net transfer of real property from LPS to LF under the Land Exchange Agreement is 13.79 acres leaving LPS a remaining parcel consisting of approximately 17.68 acres. As part of the transaction, LF will provide in-kind boot by assuming and paying for the LPS off-site infrastructure share of $768,217.00 and pay at closing additional cash boot of $65,733.00. The Planning Committee is recommending that LPS enter into the Land Exchange Agreement. Proposal That the Board approve the proposed resolution with Lincoln Federal Bancorp, Inc. 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 Land Exchange Agreement for the Wilderness Hills site ("Agreement"), in the form as discussed at this meeting and on file with official LPS records, or with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved to be available on request as permitted by law; 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 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 district, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to sign and deliver such agreement and any related deeds of conveyance, to close the transaction, and complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in the purchase, sale and exchange transaction and in the site development, to pay development costs and expenses, and all transaction costs and expenses as provided in the Agreement, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyances as provided in the exchange transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described property to be purchased and exchanged, received and developed by LPS under and as provided by the final negotiated Agreement. |
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10.2. From the Superintendent
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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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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
November 14:
Face the Chamber, 12:00 pm, Country Club NASB State Education Conference, La Vista Conference Center November 15: NASB State Education Conference, La Vista Conference Cntr November 16: NASB State Education Conference, La Vista Conference Cntr November 21-23: No School All Levels November 27: 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 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.
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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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