June 22, 2021 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 CELEBRATION: National Interscholastic Athletic Administrators Association Honors Lincoln Southwest High School Athletic Director Mark Armstrong with Award of Merit.
Rationale:
BACKGROUND:
The National Interscholastic Athletic Administrators Association (NIAAA) honored Lincoln Southwest High School Athletic Director Mark Armstrong with its Award of Merit. The Award of Merit is presented by the NIAAA to an individual in recognition of outstanding leadership and personal commitment to the values of interscholastic athletics. The NIAAA Board of Directors selects this recipient and the award is given only in those years when the board deems there is a candidate worthy of this honor. It is the NIAAA's highest individual award. The NIAAA has been honoring athletic administrators with this award since 1978. Armstrong is the first from Nebraska to be honored. EXPLANATION: LPS Director of Athletics and Activities Kathi Wieskamp said the following about Armstrong: "Congratulations to Mark Armstrong! Mark does a tremendous job leading the Lincoln Southwest athletic program and LPS is very fortunate to have him on our team. Mark's commitment to the profession and willingness to serve at both the local and national levels have identified him as an outstanding leader in the field of athletic administration. His incredible work ethic, integrity, and passion for athletics are easy to recognize and make him a perfect selection for this award." |
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7. 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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8. CONSENT AGENDA
Rationale:
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8.1. 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: 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. |
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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 June 22, 2021, were previously provided. Federal Tax ACH Deposit of $977.84. Procurement Card ACH Transfer of $134,886.19. Term Life/Disability ACH Transfer of $197,306.28. Retirement ACH Transfer of $5,267,538.69. Vendor ACH Transfer of $10,833.36. b. PAYROLL FOR RATIFICATION - Payroll for the period ending June 4, 2021, in the amount of $15,140.83. 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 testing; equipment; pizza; printing; consulting; projector systems; subscriptions; 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 June 22, 2021. b. Payroll for the period ending June 4, 2021.
c. Gifts for Southwest.
d. Bids/contracts/other routine business for testing; equipment; pizza; printing; consulting; projector systems; subscriptions; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
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8.3. Option Enrollment Student Application for 2021-22
Rationale:
On February 9, 2021, the Board adopted a resolution to accept option enrollment students for the 2021-22 school year. An application for enrollment during the 2021-22 school year has been received and is in compliance with the Board resolution of February 9, 2021.
Explanation The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of February 9, 2021. Staff recommends approval of the application. Proposal That the Board adopts the following resolution: WHEREAS, the student who has been assigned student number 405740 (for purposes of confidentiality, an assigned number is being used) meets one or more of the criteria of the Board resolution of February 9, 2021, with regard to such option students; 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 Requests for Enrollment Option Out 2021-22
Rationale:
March 15, 2021, 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 2021-22 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 |
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8.5. 2021-22 Memorandum of Understanding Between Lincoln Public Schools and CLC Partner/Lead Agency
Rationale:
BACKGROUND:
Lincoln Public Schools has 29 sites throughout the district at elementary, middle, and high schools which provide services related to Community Learning Center (CLC) activities. Those activities are governed by memoranda of understanding that are approved annually between the Board and the partner agencies. EXPLANATION: It is recommended that a memorandum of understanding be entered into between Lincoln Public Schools and the following entities: Boys and Girls Club of Lincoln/Lancaster County. Cedars Youth Services, Family Service Association, Lincoln Housing Authority, Lincoln Parks and Recreation, Malone Community Center, Nebraskans for Civic Reform, Northeast Family Center, Willard Community Center, and YMCA of Lincoln, to provide services related to Community Learning Center (CLC) activities at various LPS locations.
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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. 2021-22 Transportation Plan
Rationale:
Each spring a transportation plan is prepared for the following school year. District policy 3710 is reviewed and recommendations for operational changes are solicited from individual school buildings and various departments. Schedules are prepared and a summary of needs is balanced against staff and equipment available to the district. Each year a review of all routes for the current year are reconsidered.
Explanation
The Lincoln Public Schools Transportation Department will transport only those students who qualify under provisions of state law, including:
In addition, the Board, at its discretion, may approve other transportation areas based upon unique circumstances and for the purpose of equalizing school enrollments and facilitating programs.
Attached is a tentative listing of all routes recommended for the 2021-22 school year. Proposal That the Board discuss the 2021-22 Transportation Plan.
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9.1.2. Policy 7000 - Special Education
Rationale:
Periodically, changes in federal or state law requires the Lincoln Board of Education to review existing policies to ensure compliance with these changes. Following each session of the Nebraska Unicameral, the Board’s policies are reviewed to identify the policies that need to be deleted, revised, or added.
Explanation Updates to Policy 7000 are recommended to keep the policy aligned with the Nebraska Administrative Code.
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9.2. From the Superintendent
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9.2.1. Southwest High School Turf Improvements #10169
Rationale:
Bids were requested from interested vendors for the installation of synthetic turf field improvements at Southwest High School. Services will include: site demolition, grading, installation of aggregate base course, installation of storm sewer piping, synthetic turf, and other minor improvements.
Explanation It is recommended that award be confirmed to the lowest responsible bidder meeting specifications: Mid-America Golf & Landscape (Lee's Summit, Missouri) $922,922.92 There was one other bidder. Nemaha Landscape Construction, Inc. $985,199.00 A complete bid tabulation is available in the Purchasing Department. This will be a total expenditure of $922,922.92 from the 2020 Bond Fund. Proposal
The Board, by approving this agreement with Mid-America Golf & Landscape, 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. |
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9.2.2. New High Schools Kitchen Equipment #10166 & 10167
Rationale:
Sealed bids were received from interested vendors to provide kitchen equipment for Northwest and Standing Bear High Schools.
Explanation It is recommended that award be made to: Hockenbergs (Omaha, Nebraska) $3,252,152.80 Bid results: Hockenbergs (Omaha, Nebraska) $3,252,152.80 Buller Fixture Company (Omaha, Nebraska) $3,284,174.00 A complete bid tabulation is available in the Purchasing Department. This will be an expenditure of $3,252,152.80 from the Nutrition Services Fund.
Proposal That the Board discuss this award to Hockenbergs. The Board, by approving this agreement with Hockenbergs, 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 Purchasing, 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. |
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9.3. Proposed Agreements with Administrators, Custodial Employees Assoc, Nutrition Services Workers Assoc, Office Professionals Assoc, Paraeducator Employees Assoc, and Technicians
Rationale:
EXPLANATION
The Lincoln Board of Education has recognized the Custodial Employees Association, the Maintenance Employees Association, the Nutrition Services Workers Association, the Lincoln Public Schools Association of Office Professionals, the Paraeducator Employees Association, and the Transportation Employees Association as the exclusive bargaining agents to negotiate salary, fringe benefits, and working conditions for members of the respective employee groups. Mr. Robbie Seybert has negotiated with each employee group. Mr. Seybert has also met and conferred with the representatives from the Administrator and Technician groups. Tentative agreements have been reached between Lincoln Public Schools and the respective employee groups for the 2021-22 school year. The proposed agreement for each employee group is as follows: Administrators:
Paraprofessionals:
Editorial changes (leave, years, pay, deductions, etc.) were made in the agreements/salary schedules/handbooks. These settlements are within the parameters set by the Board of Education. A complete copy of the proposed agreement/handbook for each of the eight employee groups is available for review at the office of the Associate Superintendent for Human Resources upon request. |
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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 4780 - Professional Boundaries and Staff Relationships with Students
Rationale:
Periodically, the Nebraska Unicameral passes laws that impact school district policies or mandate that local school boards adopt specific language into district policy. When this occurs, staff prepare either new policy language of edited language that complies with these mandates and presents it to the board for consideration.
EXPLANATION: The revision to Policy 4780 is being amended due to required policy additions resulting from the passage of LB1080 in August 2020.
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10.1.2. Policy 6000 Series - Instruction
Rationale:
Periodically, a policy series is reviewed in order to address changes in legislation or regulation from the state or federal government or to bring policy in line with current practice or intent of the Board. During the 2020-21 school year, the 6000 Policy Series was first reviewed by the Instructional Directors through the lens of equity with an eye both on identifying any policy that potentially disadvantaged any group of students as well as looking at ways policies could be more inclusive and reflect the district’s commitment to equity. The Student Learning Committee and Technology Committee then spent significant time reviewing those recommendations and is recommending a number of changes.
Explanation Recommended changes generally fall into three categories: minor edits, edits focused on equity and greater inclusivity, and substantive edits. Polices with minor edits: 6120, 6130, 6210, 6222, 6283, 6300, 6310, 6330, 6340, 6350, 6421, 6430, 6441, 6442, 6445, 6450, 6500, 6510, 6521, 6523, 6525, 6550, 6580, 6600, 6602, 6603, 6604, 6620, 6621, 6700, 6710, 6720, 6740 Policies with edits focused on equity and greater inclusivity: 6000, 6110, 6200, 6410, 6440, 6526, 6610 Policies with substantive edits: 6320, 6411, 6570 The following policies are submitted for affirmation as written and do not require revisions: 6121, 6230, 6520, 6522, 6530, 6601, 6721, 6742, 6745
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10.2. From the Superintendent
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10.2.1. 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 approve 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. |
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10.2.2. Interlocal Cooperation Act Agreement Between 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.
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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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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 May 31, 2021, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
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15. 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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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.
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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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