Public Meeting Agenda: September 24, 2019 at 6:00 PM - Board of Education Regular Meeting

1. LPS BOARD OF EDUCATION INFORMATION

Rationale:

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

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

2. CALL TO ORDER

3. ROLL CALL

4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION

5. APPROVAL OF MINUTES

Rationale: The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation
The minutes have been prepared for Board approval.

Attachments: (3)

minutes -9-10 Board Meeting

9/25/2019 at 3:06 PM
Minutes 9-10 Work Session

9/13/2019 at 10:11 AM
Minutes 9-18 Work Session

9/20/2019 at 8:22 AM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Student Celebration: Celebrating the America Reads/America Counts Program

Rationale:

Lincoln Public Schools in partnership with the University of Nebraska-Lincoln celebrates the program America Reads/America Counts. The program America Reads/America Counts is designed to enhance the primary level reading and math skills of students attending elementary school.

EXPLANATION:

Lincoln Public Schools celebrates a long partnership with the University of Nebraska-Lincoln for a program called America Reads/America Counts, a federal work-study program that sends university students into elementary schools to assist with reading and math education.

Presenters:

Lisa Oltman, K-6 Language Arts Curriculum Specialist, Lincoln Public Schools
Justin Brown, Director of the Office of Scholarships and Financial Aid, University of Nebraska-Lincoln
Hartley Elementary School students

6.2. Annual Wellness Presentation

Attachments: (1)

20190924 Wellness Committee Board Presentation 2019 (2)

9/24/2019 at 8:26 AM

7. PUBLIC COMMENT

Rationale:

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
A time limit of five minutes will be allotted for any speaker. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

8. CONSENT AGENDA

Rationale:

8.1. 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 24, 2019, were previously provided.

                Federal Tax ACH Deposit of $81,216.75.

                State Tax ACH Deposit of $898,168.02.

                Procurement Card ACH Transfer of $79,978.08.

                Retirement ACH Transfer of $5,162,313.89.

                Vendor ACH Transfer of $152,270.97.

b. PAYROLL FOR RATIFICATION - Payroll for the periods ending September 6 and September 11, 2019, in the amount of $329,034.91.

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 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 24, 2019.

b. Payroll for the periods ending September 6 and September 11, 2019.

c. Gifts for Lincoln High and Northeast.

d. Bids/contracts/other routine business for items listed for auction; and any other bids/contracts/routine business as presented.

Attachments: (1)

9-24 Gifts & Bids

9/16/2019 at 9:02 AM

8.2. 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. Certificated Employees:
Elections - 2
Change of Status - 2
Separations - 6

b. Substitute Certificated Employees:
Elections - 9

c. Classified Employees:
Elections - 46
Change of Status - 4
Separations - 29

d. Approval of Settlement Agreement - T. Degroff
e. Approval of Settlement Agreement - J. Degroff

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

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

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

8.3. Option Enrollment Student Applications for 2019-20

Rationale:

On March 26, 2019, the Board adopted a resolution to accept option enrollment students for the 2019-20 school year. Applications for enrollment during the 2019-20 school year have been received and are in compliance with the Board resolution of March 26, 2019.

The application included in this agenda item has been examined by staff and meet one of the criteria set forth by the Board in the resolution of March 26, 2019. Staff recommends approval of the application.

Proposal
That the Board adopts the following resolution:

WHEREAS, the student who has been assigned student number 431892 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of March 26, 2019, with regard to such option students;

THEREFORE, BE IT RESOLVED that the aforementioned student be accepted as 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.

Attachments: (1)

Option In 092419 Board Meeting

9/17/2019 at 10:21 AM

8.4. Late Requests for Enrollment Option Out 2019-20

Rationale:

March 15, 2019, 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
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2019, deadline. The Lincoln Board of Education may deny or approve these requests. If the requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.

Student Number Option District
282858 Omaha
431570 Crete

That the Board approve the requests for option out for the 2019-20 school year.
Proposal
That the Board approves the requests for option out for the 2019-20 school year.

9. FIRST READING, ACTION AT NEXT MEETING

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

9.1. From Board Committees

9.2. From the Superintendent

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. Policy 5360 - Directory Information

Rationale:

Directory information means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. Lincoln Public Schools designates personally identifiable information contained in a student’s record as "directory information." Parents/guardians are provided a list of directory information annually in the Important Information Handbook; and the directory information, including the opt-out form, is available on the district website.
Explanation:
To make Policy 5360 consistent with Policy 5345 - Military Recruiters, the Student Learning and Technology Committee recommends the policy be revised by removing the language permitting a two-week window to request nondisclosure of directory information. This language change will allow the nondisclosure request to be made anytime.

Attachments: (1)

9-24 Policy 5360 Attachment (5360redlineV2)

9/13/2019 at 9:33 AM

10.1.2. 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.

Attachments: (1)

9-10 Policy 6443 attachment

9/4/2019 at 2:49 PM

10.1.3. 2019-20 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 LB 103 (2019), Section 77-1601.02 and other Nebraska laws, the 2019-2020 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 2019-2020 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 2019-20.

Staff recommends that the resolution below be adopted so that the 2019-20 budget may be funded as adopted. A simple majority vote is required.

Proposal
That the Board of Education approve the resolution proposed below:

2019-2020 TAX REQUEST RESOLUTION
FOR
Lancaster County School District No. 0001,
a/k/a Lincoln Public Schools

WHEREAS, public notice was given at least five 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 LB 103 (2019), 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 2019-2020 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 2019-2020 school fiscal year for 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 7.3718%, for the 1999 Bond Fund by 6.9281%, for the 2006 Bond Fund by 6.7915%, and for the 2014 Bond Fund by 6.9749%, 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 $1.140794 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 $1.222252 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 2 percent, all as detailed more fully in Attachment One as attached; and,

WHEREAS, the Board has now adopted its 2019-2020 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 2019-2020 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 2019-2020 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 $249,474,514.68; (2) the Tax Request for the Special Building Fund should be, and is hereby set at $2,398,793.92; (3) the Tax Request for the 1999 Bond Fund should be, and is hereby set at $5,963,149.43; (4) the Tax Request for the 2006 Bond Fund should be, and is hereby set at $14,023,623.09; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $14,740,838.24; and the Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $5,228,211.06; 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.
Member _______________ moved to approve and adopt the above resolutions, findings and tax request and member _______________ seconded the same on this ___ day of _____________, 2019.

After discussion the Record and Roll Call vote of the governing body was as follows:

	Voted in favor	Voted against	Absent or not voting
Barbara Baier
Lanny Boswell
Kathy Danek
Don Mayhew
Annie Mumgaard
Bob Rauner
Connie Duncan

The undersigned herewith certifies, as Secretary of the Board of Education of Lancaster County School District 0001 a/k/a Lincoln Public Schools, that the above Resolutions, Findings, Determinations, and Tax Request(s) was duly adopted by a majority of said Board at a duly constituted public meeting of said Board, held in full compliance with the Nebraska Open Meetings law.
__________________________
Secretary

Attachments: (2)

9-10 Property Tax Request - Attachment One

9/13/2019 at 3:19 PM
9-10 Property Tax Request - Attachment Two

9/13/2019 at 3:19 PM

10.2. From the Superintendent

11. EXPEDITED/EMERGENCY ACTIONS

12. ITEM(S) REMOVED FROM CONSENT AGENDA

13. INFORMATIONAL ITEMS/REPORTS

13.1. From Board Committees

13.2. From The Career Academy

13.3. From the Superintendent

13.3.1. Superintendent Update

13.3.2. 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, 2019, is attached.

Proposal
Information item; no Board action required.

Attachments: (1)

9-24 Monthly Financial Report

9/13/2019 at 2:36 PM

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: September 25: Chamber Public Policy Forum, Chamber Office, 8:00 am
September 26: Open Sky Fall Policy Symposium, Innovation Campus, 8:30 am
October 1: Wellness, American Civics, MC Comm Meeting, LPSDO, 6:00 pm
October 2: Chamber Coffee, Chamber Office, 8:00 am
October 7: Board Work Session, LPSDO, 4:30 pm
October 8: Board Meeting, LPSDO, 6:00 pm

15. PUBLIC COMMENT

Rationale:

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
A time limit of five minutes will be allotted for any speaker. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

16. REQUEST FOR CLOSED SESSION

Rationale:

The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.

Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

16.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters

Rationale: The Lincoln Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

17. ADJOURNMENT

September 24, 2019 at 6:00 PM - Board of Education Regular Meeting

Lincoln Public Schools in partnership with the University of Nebraska-Lincoln celebrates the program America Reads/America Counts. The program America Reads/America Counts is designed to enhance the primary level reading and math skills of students attending elementary school.

Web Viewer