Public Meeting Agenda: June 8, 2021 at 6:00 PM - Board of Education ESU 18 Regular Meeting

1. ESU 18 BOARD OF EDUCATION INFORMATION

Rationale:

Notice of the time and place of the Educational Service Unit 18 Board 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 Educational Service Unit 18 Board 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 Educational Service Unit 18 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. The Educational Service Unit 18 Board 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

Attachments: (1)

Minutes - 5-17 ESU 18 Org Meeting

5/25/2021 at 9:38 AM

6. 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.

7. CONSENT AGENDA

7.1. ROUTINE BUSINESS

Rationale:

At some meetings, the Board is asked to approve certain items of routine business of the ESU.

Explanation
The items included in routine business for this meeting are:

BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - A contract will be presented for approval for a master services agreement with the Educational Service Unit Coordinating Council.

Proposal
That the Board approve the following items of routine business:*

Contract will be presented for approval for a master services agreement with the Educational Service Unit Coordinating Council.

*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 ESU.

Attachments: (1)

20210608 MB 10187 ESU Master Services Agreement

6/2/2021 at 10:33 AM

8. FIRST READING, ACTION AT NEXT MEETING

8.1. From Board Committees

8.2. From the Superintendent

8.2.1. INTERLOCAL AGREEMENT WITH LANCASTER COUNTY FOR EDUCATIONAL SERVICES TO THE YOUTH SERVICES CENTER #10207

Rationale:

It is recommended that an Agreement be entered into between Educational Service Unit No. 18 (ESU 18) and the County of Lancaster, Nebraska to provide educational services to youth detained at the Lancaster County Youth Services Center.

The term of the Agreement will be August 1, 2021, through July 31, 2022.

ESU through its staff as assigned by the ESU 18 Administrator or through staff of Lincoln Public Schools (LPS) as assigned by the LPS Superintendent or a designee to perform ESU 18 services, shall provide a certificated administrator and certified teachers to teach under the laws of the State of Nebraska and other assigned support staff.

The County agrees that the Youth Services Center shall provide appropriate space, time, and reasonable staff support to assist ESU 18 in performance of the educational services to be provided in the agreement.

Explanation
The County agrees to reimburse ESU 18 for all expenses incurred in providing such services pursuant to the agreement; provided, however, that the amount of such reimbursements shall not exceed $875,460.00.

A complete copy of the proposed Agreement is available with ESU 18 and in the LPS Purchasing Department.

Proposal
The ESU 18 Board, by approving the Agreement as presented, or with such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or the ESU 18 Administrator, or a designee, is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or the ESU 18 Administrator, or a designee in conjunction with other staff, to sign, execute, and deliver the Agreement and all such other documents, and to receive all contract payments, designate or act as the program administrator, and to take or cause to be taken any and all other action as may be necessary to complete the transaction, and to administer, operate, terminate, and/or implement the Agreement on a day to day basis during its term as contemplated thereby, for and on behalf of this educational service unit.

8.2.2. AGREEMENT WITH NDE FOR SOUTHEAST NE REGIONAL PROGRAM FOR HEARING IMPAIRED STUDENTS #10208

Rationale:

It is recommended that an agreement be entered into between ESU #18 and the Nebraska Department of Education (NDE) to plan, coordinate and provide network enrichment activities for children who are deaf and hard of hearing in the ESU 4, ESU 5, ESU 6, and ESU 18 geographical areas. The term of the agreement is from July 1, 2021 through June 30, 2023. This is a continuing agreement with NDE.

Explanation
The NDE agrees to pay ESU #18 up to $634,442.00 each year for providing this service.

A complete copy of the proposed agreement is available in the Purchasing Department.

Proposal
The Board, by approving this agreement with the Nebraska Department of Education, hereby designates the Director of Special Education or another person as selected by the ESU #18 Administrator or a designee from time to time as its program administrator under this agreement.

8.2.3. INTERLOCAL COOPERATION ACT AGREEMENT BETWEEN LPS & ESU 18 FOR EDUCATIONAL SERVICES #10205

Rationale:

Lincoln Public Schools (LPS) and Educational Service Unit 18 (ESU 18) have participated in an ongoing interlocal cooperation agreement in which ESU 18 is to provide certain services typically provided by ESUs elsewhere in the state. Such services include instructional media services, technology, and staff development with LPS reimbursing ESU 18 for said services. The term of the renewal period for this agreement will be September 1, 2021, through August 31, 2024.

Explanation
It is recommended that the agreement between LPS and ESU 18 be extended. LPS agrees to reimburse ESU 18 for actual costs incurred in providing services pursuant to this agreement, except that the amount of such reimbursement shall not exceed:

$7,000,000.00         for 2021-2022
$7,500,000.00         for 2022-2023
$8,000,000.00         for 2023-2024

A complete copy of the proposed agreement is available in the Purchasing Department.

Proposal
That the Board discuss the Interlocal Cooperation Act Agreement between Lincoln Public Schools and ESU 18 for Educational Services. The Board, by approving this agreement as presented or with such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs, or a designee, is hereby delegating to and authorizing the Associate Superintendent for Business Affairs, or a designee in conjunction with other staff, to select any needed services under the agreement, and the Board is further hereby delegating to and authorizing the Associate Superintendent for Business Affairs, or a designee, to sign, execute, and deliver the agreement and all such other documents, make all contract payments, act as the program administrator, and to take or cause to be taken any and all other action as may be necessary to complete the transaction, and to administer, operate, terminate, and/or implement the agreement on a day to day basis during its term as contemplated thereby, for and on behalf of this school district.

8.2.4. INTERLOCAL COOPERATION ACT AGREEMENT BETWEEEN LPS & ESU 18 FOR CORE SERVICES #10206

Rationale:

Lincoln Public Schools (LPS) and Educational Service Unit 18 (ESU 18) have participated in an ongoing interlocal cooperation agreement in which LPS is to provide "Core Services" in the areas of staff development, technology, and instructional materials with ESU 18 reimbursing LPS for said services. The term of the renewal period for this agreement will be September 1, 2021, through August 31, 2024.

Explanation

It is recommended that the agreement between LPS and ESU 18 be extended. ESU 18 agrees to reimburse LPS for all expenses incurred in providing services pursuant to this agreement, except that the amount of such reimbursement shall not exceed:

$4,750,000.00          for 2021-2022
$5,000,000.00          for 2022-2023
$5,250,000.00          for 2023-2024

A complete copy of the proposed agreement is available in the Purchasing Department.

Proposal

That the Board approve the Interlocal Cooperation Act Agreement between Lincoln Public Schools and ESU 18 for Core Services. The Board, by approving this agreement as presented or with such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs, or a designee, is hereby delegating to and authorizing the Associate Superintendent for Business Affairs, or a designee in conjunction with other staff, to select any needed services under the agreement, and the Board is further hereby delegating to and authorizing the Associate Superintendent for Business Affairs, or a designee, to sign, execute, and deliver the agreement and all such other documents, make all contract payments, act as the program administrator and to take or cause to be taken any and all other action as may be necessary to complete the transaction, and to administer, operate, terminate, and/or implement the agreement on a day to day basis during its term as contemplated thereby, for and on behalf of this school district.

9. SECOND READING, RECOMMENDED FOR ACTION

9.1. From Board Committees

9.2. From the Superintendent

10. 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.

11. 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.

11.1. 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.

12. ADJOURNMENT

June 8, 2021 at 6:00 PM - Board of Education ESU 18 Regular Meeting

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