Public Meeting Agenda: March 8, 2022 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: (1)

minutes - 2-22 Board Meeting

3/2/2022 at 3:13 PM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Update - 2021 LPS Pandemic Plan & Procedures and Action if Needed

Attachments: (1)

2022 March 8 LPS COVID Update

3/8/2022 at 6:05 PM

6.1.1. Terminate Pandemic and Emergency Powers Resolution

Rationale: Due to the COVID-19 Pandemic, on March 18, 2020, the Board of Education approved its original pandemic Safe Return to School Plan and an administrative emergency powers resolution (Resolution #1). On June 23, 2020, the Board of Education terminated Resolution #1 and approved a new reopening plan for the fall of 2020 and continued the administrative emergency powers resolution (Resolution #2). On August 10, 2021, the Board of Education terminated Resolution #2, except for the emergency powers resolution, and approved an updated 2020-22 Safe Return to School Plan.
Explanation:
In light of changing circumstances, it is now time to terminate the June 23, 2020, administrative emergency powers provision of Resolution #2.

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:

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.

8. CONSENT AGENDA

Rationale:

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:
This report includes routine Human Resources changes:

a. Certificated Employees:
Elections - 10
Change of Status - 1
Leave of Absence - 2
Separations - 13

b. Certificated Substitute Employees:
Elections - 14
Separations - 1

c. Classified Employees:
Elections - 23
Change of Status - 3
Separations - 20

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.

8.2. 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 March 8, 2022, were previously provided.

                Federal Tax ACH Deposit of $6,164,482.74.

                State Tax ACH Deposit of $922,441.54.

                Procurement Card ACH Transfer of $137,504.33.

                Child Support ACH Transfer of $13,125.37.

                Blue Cross/Blue Shield ACH Transfer of $5,951,494.78.

                Vision Insurance ACH Transfer of $56,214.35.

b. PAYROLL FOR RATIFICATION - Payroll for the periods ending February 14 and 28, 2022, in the amount of $17,947,603.86.

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 equipment; printers; a router; asphalt repairs; mower; tree removal; concrete work; furniture; 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 March 8, 2022.

b. Payroll for the periods ending February 14 and 18, 2022.

c. Gifts for Southwest and the district.

d. Bids/contracts/other routine business for equipment; printers; a router; asphalt repairs; mower; tree removal; concrete work; furniture; items listed for auction; and any other bids/contracts/routine business as presented.

Attachments: (1)

3-8 Gifts & Bids

3/4/2022 at 12:52 PM

8.3. Option Enrollment Student Application for 2022-23

Rationale: On January 25, 2022, the Board adopted a resolution to accept option enrollment students for the 2022-23 school year. An application for enrollment during the 2022-23 school year has been received and is in compliance with the Board resolution of January 25, 2022.

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 January 25, 2022. Staff recommends approval of the application.

Proposal
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 279052, 448005, 435754 and 424682 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 25, 2022, with regard to such option students;

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

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

9.1.1. Superintendent Search, Selection, and Contract

Rationale: Since the resignation of Dr. Joel as Superintendent of Lincoln Public Schools, the board has been working with Hazard, Young, Attea & Associates ("HYA") as the search consultant to assist the board in finding a successor. Interviews were conducted, along with other actions leading to the selection of a successor. The board should discuss, consider and take all necessary action to hire and retain the new superintendent for Lincoln Public Schools.
Explanation:
At the February 22, 2022, meeting, the Board selected and passed a motion making a conditional contract offer to Dr. Paul Gausman. The contract arrangement is now ready and attached for consideration.

Attachments: (2)

Gausman Contract (2-25-22)

3/2/2022 at 3:14 PM
Gausman TRANSITION AGREEMENT (3-7-22)

3/7/2022 at 11:01 AM

9.1.2. Newly Annexed Property to the City of Lincoln

Rationale:

The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted. This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.

Explanation
The City of Lincoln has annexed three parcels of land, which automatically brings these properties into the district of Lincoln Public Schools. These properties need to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending:

CLS Addition, 66th & Arbor Road, Ordinance #21205, for 2021-22 school year: Norwood Park Elementary School, Dawes Middle School, Northeast High School

Rokeby Ridge CUP, Annexation, Ordinance #21210, for 2021-22 school year: Wysong Elementary School, Moore Middle School, East High School

Woodlands at Yankee Hill PUD, Ordinance #21202, for 2021-22 school year: Wysong Elementary School, Moore Middle School, East High School

Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed properties.

Attachments: (1)

3-8 Annexation - Attachment

2/25/2022 at 8:10 AM

9.2. From the Superintendent

9.2.1. Processing of USDA Commodities #10495, 10496, 10497

Rationale:

Bids were requested from interested vendors to process and deliver diverted USDA foods ("Commodities") for use by Nutrition Services for all locations. Commodities to be processed include mozzarella cheese, barrel cheese, and bulk chicken. The contract prices are for the period of July 1, 2022, through June 30, 2023. There are 2 optional one-year renewal periods.

Explanation
It is recommended that award be made to the lowest responsible vendors meeting specifications, based on estimated expenditures:

Nardone Brothers Baking Co. (Hanover, Pennsylvania) $479,473.50
Land O’ Lakes, Inc. (Arden Hills, Minnesota) 107,691.90
Tyson Food, Inc. (Springdale Arkansas) 801,653.50
Total $1,388,818.90 (estimated annual)

Bids and contracts are available in the Purchasing Department.

This will be an estimated annual expenditure of $1,388,818.90 from the Nutrition Services Fund.

Proposal
That the Board discuss this award to the above listed vendors. The Board, by approving these purchases with the above vendors, hereby designates the Director of Nutrition Services or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under these purchase orders.

9.2.2. Proposed Negotiated Agreement with the Lincoln Education Association

Rationale:

The Lincoln Board of Education has recognized the Lincoln Education Association (LEA) as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of that employee group. The negotiation teams, representing LEA and Lincoln Public Schools, have reached a tentative agreement for the 2022-23 and 2023-24 school years; and the LEA has approved the tentative agreement.

Explaination:

The proposed agreement calls for a 4.11 percent total package increase for 2022-23 and a 3.65 percent total package increase for 2023-24. These settlements are within the parameters set by the Board of Education. Included in the package increase are all district costs including the district’s contributions to health insurance, state retirement, and Social Security. A complete copy of the proposed agreement is available for review at the office of the Associate Superintendent for Human Resources upon request.

9.2.3. State Expanded Learning Collaborative Grant Program Application

Rationale:

BACKGROUND:

The 21^st Century Community Learning Centers (CLCs) federally-funded grant program provides grants to eligible schools for the purpose of creating or expanding Community Learning Centers. The primary purpose of 21^st Century funds is to provide students with academic enrichment opportunities designed to complement their regular academic program. All CLC services are provided during non-school hours or periods when school is not in session. The Community Learning Centers programs and activities are designed to build on the capacity of community partners and neighborhood schools. Each site is to have an academic focus to assist participating students in meeting state and local academic achievement standards. Families of students served may also receive services in areas that support family literacy, health, other family support services, and childcare.

EXPLANATION:

The goal of this three-year partnership between the Nebraska Department of Education (NDE and Beyond School Bells (BSB), a program of the Nebraska Children and Families Foundation, and other partners is to provide Nebraska youth in select underserved Nebraska communities negatively impacted by COVID-19 access to high-quality school-based and community-powered afterschool (AS) and summer programs, referred to as ELC programs. NDE and NCFF are committed to working with local communities to leverage this federal and state investment with local community resources to position their investment to be sustained locally after the end of the grant period.

The following program components will guide the program design and delivery:

Accelerators, being programs expanding existing afterschool and summer programs.
Incubators, being programs supporting new afterschool and summer programs.
Centers of Excellence/Innovation, being an expansion of existing programs meant to design, test, and scale-up new afterschool and summer programming innovations that can support the growth and sustainability of high quality, locally sustainable afterschool and summer programs in Nebraska communities.

NDE will oversee the use of ESSER III funds via sub-grants to individual districts and schools using the Grant Management System (GMS) portal. This grant would support afterschool and ELC programs at all 29 Lincoln Community Learning Center schools.

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

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

Attachments: (1)

forboe3_8

3/8/2022 at 5:59 PM

13.2. From The Career Academy

13.3. From the Superintendent

13.3.1. Superintendent Update

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: March 14-18: Quarter Break - No School All Levels
March 16: GNSA Meeting, NCSA, 3:30 p.m.
March 22: No Board Meeting
April 12: Board Meeting, LPSDO, 6:00 p.m.

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:

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.

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

March 8, 2022 at 6:00 PM - Board of Education Regular Meeting

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