April 12, 2022 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.
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Staff Celebration: Nebraska State Athletic Administrators Association Names J.J. Toczek Nebraska District I Athletic Director of the Year
Rationale:
BACKGROUND:
J.J. Toczek, Southeast High School Director of Athletics and Activities, was named the 2021-22 District I Athletic Director of the Year by the Nebraska State Athletic Administrators Association. Criteria for the award include having at least eight years of experience as an athletic administrator, being active both on the state and national level, and making special contributions toward secondary school athletics in Nebraska.
EXPLANATION: J.J. Toczek has served as the Southeast High School Director of Athletics and Activities for nine years. During his time at Southeast, the Knights have had 70 student-participants honored with 1st Team Super-State/All-State accolades, won 17 Heartland Athletic Conference Championships, 18 District Championships, and have made 53 state tournament appearances resulting in Girls Tennis Class "A" State Championships in 2016 and 2019, and Class "A" State Runner-up in 2014 in Boys Golf, and in 2021 in Girls Tennis. J.J. has worked collaboratively to create the Lincoln Southeast SHIELD Student Leadership Program and Academic Support Program, and he facilitates the Heartland Athletic Conference Student Leadership Cadre Program. Under J.J.’s leadership, Southeast High School’s education-based athletics and activities program continues to grow and the school’s athletic facilities continue to experience vital upgrades. |
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6.2. Board Equity Goals
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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
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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 April 12, 2022, were previously provided. Federal Tax ACH Deposit of $6,160,568.71. State Tax ACH Deposit of $941,697.03. Procurement Card ACH Transfer of $227,944.29. Child Support ACH Transfer of $15,429.00. Blue Cross/Blue Shield ACH Transfer of $5,966,688.96. Term Life/Disability ACH Transfer of $168,049.54. Retirement ACH Transfer of $5,385,435.36. Vision Insurance ACH Transfer of $56,187.17. Vendor ACH Transfer of $13,369.38. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending March 4, 15, & 31, 2022, in the amount of $17,985,354.12. 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 professional services; simulators; irrigation supplies; a tractor; modeling services; wheel loader; sewing machines; furniture; scoreboard; 3D printers; equipment; textbooks; training Manikins; interpreting services; subscriptions; e-book access; grant agreement; CLC amendments; 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 April 12, 2022. b. Payroll for the periods ending March 4, 15 & 31, 2022.
c. Gifts for Southwest.
d. Bids/contracts/other routine business for professional services; simulators; irrigation supplies; a tractor; modeling services; wheel loader; sewing machines; furniture; scoreboard; 3D printers; equipment; textbooks; training Manikins; interpreting services; subscriptions; e-book access; grant agreement; CLC amendments; items listed for auction; and any other bids/contracts/routine business as presented.
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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 448740, 448742, 448744, 407054, 448746, 448747 and 448748 (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.
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8.4. Late Requests for Enrollment Option Out 2022-23
Rationale:
March 15, 2022, 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 2022-23 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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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. 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 a parcel of land, which automatically brings this property into the district of Lincoln Public Schools. This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending: S. 40th St. & Rokeby Rd., Annexation Ordinance #21216, for 2021-22 school year: Humann Elementary School, Moore Middle School, Southeast High School Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed property.
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9.1.2. Land Acquisition: Bottler’s Building Property
Rationale:
It is recommended that Lincoln Public Schools (LPS) purchase real estate generally located at 711 S. 25th Street, Lincoln, Nebraska (Property). The Property consists of approximately 1.72 acres and contains a commercial building commonly known as the Bottler’s Building. The LPS Arts & Humanities program has been housed in the Bottler’s Building for many years. The exact legal description for the Property is contained in the Property Purchase and Sale Agreement.
Explanation
The purchase calls for purchase price of $2,300,000.00 plus payment of certain closing costs. Closing is currently scheduled to take place on April 14, 2022. The Board’s Planning Committee recommends the purchase. Based on the closing date, the Board’s Planning Committee and LPS staff recommends waiving first reading and proceeding to second reading and approval. The purchase price is to be paid from the non-restricted building fund or other appropriate LPS funds. The complete Purchase Agreement is available in the Purchasing Department. Proposal That the Board discuss, consider, approve, and adopt the following proposed resolution: BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools ("LPS") that all inconsistent policies or regulations to this transaction should be and are hereby suspended. BE IT FURTHER RESOLVED, by LPS, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, that the Property Purchase and Sale Agreement ("Agreement") with Bottlers, L.L.C., ("Seller") for the Property, in the form as discussed at this meeting and on file with official LPS records, and as presented at this meeting, and with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved, and that all prior actions taken by LPS staff related to such purchase to date are also hereby ratified, approved and affirmed; and BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the school district should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the school district, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in completing the purchase and sale transaction and in the site development, to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the Agreement or as otherwise necessary, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable special warranty deed or other necessary documents on the described Property to be purchased, received and developed by LPS under the Agreement or otherwise for LPS school purposes. |
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9.2. From the Superintendent
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9.2.1. Title VI, Indian Education Program
Rationale:
The U.S. Department of Education through Title VI of the Every Student Succeeds Act (ESSA) provides funds to fulfill the federal government’s responsibility to the Indian people for the education of Indian children. These funds support the goal of ensuring programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children.
Lincoln Public Schools has received federal funds for services for Native American students since the mid-1980’s. The following table reflects an annual student count and the grant award amount received in recent years. Grant award amounts vary by year according to the total amount of Indian Education funds available at the federal level and are not based only on the number of students per program.
Explanation Lincoln Public Schools Indian Education program will provide support to Native American students in grades PK-12 in the 2022-23 school year. Native American students are enrolled in all schools across the district representing about 60 tribes as designated by the parent. Estimated funding from Title VI for 2022-23 is $197,942, based on the current award. Decisions regarding the use of these funds are made in consultation with the Native American Advisory Committee. Proposal That the Board discuss the submission of the required application of the Indian Education grant to the U.S. Department of Education for $197,942. No district-funding match is required. This grant application is due May 13, 2022. |
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9.2.2. U.S. Department of Education Demonstration Grant for Indian Children Program
Rationale:
The purpose of the Demonstration Grants for Indian Children program, funded through the U.S. Department of Education, Office of Elementary and Secondary Education, is to develop, test, and demonstrate the effectiveness of services and programs to improve the educational opportunities and achievement of Native American students. The Department wants to support community-led, comprehensive projects that help Native American children to become college- and career-ready. This grant is designed to help communities improve educational outcomes, specifically college- and career-readiness, through strategies tailored to address the specific challenges and build upon the specific opportunities and culture within a community. This competition includes a competitive priority to encourage projects that engage children in career exploration opportunities, with an emphasis on learning about the teaching profession.
An applicant must be a member of a partnership that includes at least one Tribal Organization and at least one LEA or BIE-funded school. Explanation Lincoln Public Schools proposes to apply for a demonstration grant to build on the momentum of its current federal Demonstration Grant, which ends September 30, 2022. A new award will allow LPS to further enhance services to American Indian students through strategies such as success coaching and mental health services at school, more advocacy and counseling at the high school level, and also new strategies meant to encourage participation in the teaching field, such as a partnership with the K-12 Education Pathway at The Career Academy. LPS will also work to enhance partnerships with the Santee Sioux Nation and other Nebraska-based Tribes through this proposal. Proposal That the Board approve the submission of an application to the U.S. Department of Education for a Demonstration Grant for Indian Children Program for up to $500,000 per year for up to five years. No district-funding match is required. This grant application has a submission date of April 19, 2022. |
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9.2.3. Shelf-Stable Foods #10507, Refrigerated & Frozen Foods #10508
Rationale:
Bids were requested from interested vendors to provide shelf-stable foods, refrigerated, and frozen food products for use by Nutrition Services for all locations. 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: Arlington Valley Farms (Cleveland Heights, Ohio) $12,816.00 Bernard Food Industries, Inc. (Evanston, Illinois) 24,870.60 Butterball (Garner, North Carolina) 40,800.00 Cash-Wa Distributing (Kearney, Nebraska) 782,545.06 International Food Solutions Inc. (Oviedo, Florida) 221,130.00 Kellogg’s Specialty Channels (Elmhurst, Illinois) 78,016.25 Mrs. Clark’s Foods (Ankeny, Iowa) 127,121.50 Nardone Brothers Baking Company (Hanover, Pennsylvania) 270,300.00 National Food Group (Novi, Michigan) 19,987.50 Performance Foodservice (Omaha, Nebraska) 2,296,451.68 Peterson Farms Fresh, LLC (Shelby, Michigan) 80,760.00 Ripple Foods, PBC (Berkeley, California) 7,020.00 Schreiber Foods, Intl. (Upper Saddle River, New Jersey) 71,335.60 Sysco Lincoln (Lincoln, Nebraska) 598,749.73 Tecumseh Poultry (Waverly, Nebraska) 44,800.00 Tyson Prepared Foods Inc (Springdale Arkansas) 815,844.70 Total $5,492,548.62 (estimated annual) There were 410 items on the bid. Proposals and contracts are available in the Purchasing Department. This will be an estimated annual expenditure of $5,492,548.62 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. |
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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. 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 approve the proposed attendance area assignments of the newly annexed properties.
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10.2. From the Superintendent
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10.2.1. 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 approve 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. |
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10.2.2. 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.
Explanation: 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. |
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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. Because there was only one Board meeting in March, the February report is presented at the first Board meeting in April.
Explanation
The monthly financial report for the month ending February 28, 2022, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
April 15: No school - all levels
April 18: 25-Year Recognition, LSW, 5:30 & 7:00 p.m. April 26: Board Meeting, LPSDO, 6:00 p.m. |
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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.
Explanation |
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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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