September 22, 2020 at 6:00 PM - Board of Education Regular Meeting
Agenda |
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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. |
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. PUBLIC HEARING ON POLICY 6443 - PARENTAL AND FAMILY ENGAGEMENT
Rationale:
The next item on our agenda this evening is the Public Hearing on the Lincoln Public Schools Parental and Family Engagement and Parental Involvement Policy.
I hereby open this public hearing before the Board of Education of Lincoln Public Schools. This hearing is being conducted under the provisions of the Nebraska Parental Involvement Act and other Nebraska and Federal laws. The purpose of this hearing is to receive input regarding proposed Policy 6443. The input received in this hearing will be taken into consideration by the Board when we take action on proposed Policy 6443. |
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.
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7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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7.1. Update - 2020 LPS Pandemic Plan & Procedures and Action if Needed
Rationale:
Remote Learning Survey Result Highlights
The parent response rate varied by grade level ... Grades K-1: 31.5% Grades 2-5: 22.5% Grades 6-8: 20% Grades 9-12: 11% of 100% remote learners and 12% of parents on the A/B schedule The teacher response rate was approximately 48% Here are a few highlights:
However, and this is the important point, teachers are working hard and the vast majority of parents are pleased with how teachers have responded and how remote learning is going so far. We appreciate the hard work of our teachers. A few additional highlights from the parent survey that indicate parent overall satisfaction with 100% remote learning:
From the beginning, we have indicated our plan would be updated as appropriate. As a result of continued collaboration with the Lincoln Lancaster County Health Department, and as a result of ongoing feedback from teachers, we would like to announce the following tonight ...
This also means that beginning second quarter high school PLC days will move from Wednesday to Tuesday, in order to be consistent with elementary and middle schools.
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8. 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:
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9. CONSENT AGENDA
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9.1. 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: |
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 September 22, 2020, were previously provided. Federal Tax ACH Deposit of $5,907,340.16. State Tax ACH Deposit of $901,692.38. Procurement Card ACH Transfer of $83,158.01. Retirement ACH Transfer of $5,217,065.11. Vendor ACH Transfer of $8,802.93. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending August 31 and September 4, 2020, in the amount of $16,976,715.09. 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 3D printer; mental health services; neglected services; software; 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 September 22, 2020. b. Payroll for the periods ending August 31 and September 4, 2020.
c. Gifts for Rousseau and Southeast.
d. Bids/contracts/other routine business for 3D printer; mental health services; neglected services; software; items listed for auction; and any other bids/contracts/routine business as presented.
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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.
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10.1. From Board Committees
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10.1.1. Policy 6443 - Parental and Family Engagement
Rationale:
According to Neb. Rev. Stat. § 79-533, the board must hold a public hearing on its parental involvement and engagement policy. After the hearing, the Board must either alter and adopt the revised policy or reaffirm it as written.
Explanation: The Student Learning and Technology Committee reviewed Policy 6443 and recommends the current policy be reaffirmed. Proposal: That the Board discuss reaffirming Policy 6443.
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10.1.2. Land Acquisition, Sale, and Exchange - Spirit/Cherrywood & new SW Site Properties
Rationale:
It is recommended that Lincoln Public Schools (LPS) enter into a Property Exchange Agreement with Southwest Folsom Development, LLC, (Southwest) wherein LPS will transfer the entire approximately 62.5 acre tract of real estate near 84th and O Streets behind the State Farm office complex commonly known as Spirit Park and acquire an approximately 18.72 acre parcel of real estate generally located north of W. Old Cheney Road between SW 12th and S. Folsom Streets. If the exchange transaction is completed, Southwest will pay boot to LPS in the amount of $2,330,000.00. If Southwest exercises its due diligence option, LPS will purchase the approximately 18.7 acres from Southwest for the amount of $786,240.00, but will not transfer the approximately 62.5 acres to Southwest and will not receive payment from Southwest.
Explanation The Planning Committee is recommending that LPS enter into the Property Exchange Agreement. Proposal That the Board approve the proposed resolution. RESOLUTION
LINCOLN PUBLIC SCHOOLS 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 Exchange Agreement ("Agreement") with Southwest Folsom Development, LLC, ("Southwest") involving the approximately 62.5 acre tract of LPS property located at 420 S. 84th Street, commonly known as Spirit Park, and the approximately 18.7 acre tract of Southwest property generally located north of W. Old Cheney Road between SW 12th Street and S. Folsom Street, in the form on file with official LPS records and as presented at this meeting, or with such 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, any other documents or agreements called for in such Agreement, any amendments to such Agreement, any deeds, or any other documents or agreements determined to be in the best interest of LPS, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to sign and deliver such Agreement, any amendments, 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 sale, purchase, exchange and conveyances as provided in the exchange transaction upon satisfactory completion of due diligence, presentation by Southwest 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 Agreement. |
10.2. From the Superintendent
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10.2.1. Lincoln High Roofing Repair Project #10021
Rationale:
Bids were requested from interested vendors to provide roofing at Lincoln High School.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: Weathercraft Company of Lincoln (Lincoln, Nebraska) $1,646,181.00* *Amount includes base bid plus unit cost of cementitious roof replacement There was one other bidder: Terry Neemann & Son Roofing (Lincoln, Nebraska) $1,898,900.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $1,646,181.00 from the 2020 Bond Fund. Proposal
The Board, by approving this agreement with Weathercraft Company of Lincoln, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement. |
11. SECOND READING, RECOMMENDED FOR ACTION
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11.1. From Board Committees
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11.1.1. 2020-21 Lincoln Public Schools Property Tax Request
Rationale:
Proper advance notice was given and a special public hearing has been held on whether the School District should exceed its property tax request from the prior year (Attachment One).
Explanation Pursuant to Section 77-1601.02 and other Nebraska laws, the 2020-2021 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2020-2021 budget which has already been formally adopted by the Board of Education. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2020-2021. Staff recommends that the resolution below be adopted so that the 2020-2021 budget may be funded as adopted. A simple majority vote is required. Proposal That the Board of Education approve the resolution proposed below: 2020-2021 TAX REQUEST RESOLUTION
FOR Lancaster County School District No. 0001, a/k/a Lincoln Public Schools WHEREAS, public notice was given at least four days in advance of a Special Public Hearing called by the Board of Education (hereinafter "the Board") of Lancaster County School District No. 0001, a/k/a Lincoln Public Schools (hereinafter "the District") in full compliance with all provisions of Section 77-1601.02 and other Nebraska laws for the purpose providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether the District’s 2020-2021 school fiscal year property Tax Requests should exceed the District’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying the District’s property Tax Requests for the 2020-2021 school fiscal year for as applicable the General Fund, Special Building Fund, the various Bond Funds, and Qualified Capital Purpose Undertaking Fund of the District; and WHEREAS, such Special Public Hearing was held before the Board of the District at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of the District, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and, WHEREAS, the Board provided an opportunity to receive public comment, information and evidence from persons in attendance at such Special Hearing and has taken such into consideration as part of this action; and, WHEREAS, the total assessed value of the District property differs from last year's total assessed value for the General Fund, Special Building Fund and Qualified Capital Purpose Undertaking Fund by 3.0991%, for the 1999 Bond Fund by 2.3752%, for the 2006 Bond Fund by 2.5265%, for the 2014 Bond Fund by 2.6309%, and as there was no total assessed value last year for a 2020 Bond Fund the percent increase application is not applicable, all as detailed more fully in Attachment One as attached; and, WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $1.179998 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and, WHEREAS, the District proposes to adopt a property Tax Request that will cause its tax rate to be $1.221966 per $100 of assessed value, all as detailed more fully in Attachment One as attached; and, WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the District will exceed last year's by 38 percent, all as detailed more fully in Attachment One as attached; and, WHEREAS, the Board has now adopted its 2020-2021 school fiscal year budget and after having reviewed the District’s Tax Requests for each of the District’s funds, and after public consideration of the matter, has determined that the Final Tax Requests as listed below are necessary in order to carry out the functions of the District, as determined by the Board in order to correctly fund the budget for the 2020-2021 school fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Lancaster County School District No. 0001 a/k/a Lincoln Public Schools that all findings, determinations and the attached Attachment One as set forth above are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference. BE IT FURTHER RESOLVED that the Board hereby approves and adopts the District’s 2020-2021 school fiscal year property Tax Requests, including the county’s collection fee and any delinquent tax allowances and that (1) the Tax Request for the General Fund should be, and is hereby set at $259,678,999; (2) the Tax Request for the Special Building Fund should be, and is hereby set at $0; (3) the Tax Request for the 1999 Bond Fund should be, and is hereby set at $1,478,328; (4) the Tax Request for the 2006 Bond Fund should be, and is hereby set at $10,978,299; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $7,838,813; (6) the Tax Request for the 2020 Bond Fund should be, and is hereby set at $16,854,368; and the (7) Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $4,532,005; all as totaled and detailed more fully in Attachment One as attached. BE IT further resolved that if updated valuation, budget, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, its administration, and the County shall adjust the property tax request to reflect the updated information pursuant to State Law Sections 77-1601 and other Nebraska laws.
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11.2. From the Superintendent
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12. EXPEDITED/EMERGENCY ACTIONS
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13. ITEM(S) REMOVED FROM CONSENT AGENDA
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14. INFORMATIONAL ITEMS/REPORTS
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14.1. From Board Committees
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14.2. From The Career Academy
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14.3. From the Superintendent
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14.3.1. Superintendent Update
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14.3.2. Monthly Financial Report
Rationale:
At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.
Explanation The monthly financial report for the month ending August 31, 2020, is attached. Proposal Information item; no Board action required.
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15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
October 6: Wellness, American Civics, Multicultural Committee, 6:00 pm, LPSDO
October 13: Board Meeting, 6:00 pm, LPSDO |
16. 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:
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17. 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 |
17.1. 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. |
18. ADJOURNMENT
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