October 11, 2022 at 6:00 PM - Board of Education Regular Meeting
Agenda | ||||||||
---|---|---|---|---|---|---|---|---|
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. |
||||||||
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:
(
)
|
||||||||
6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
|
||||||||
7. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. 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. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately 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: 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 October 11, 2022, were previously provided.
Federal Tax ACH Deposit of $6,407,958.56. Procurement Card ACH Transfer of $148,543.13. Child Support ACH Transfer of $13,417.90. Blue Cross/Blue Shield ACH Transfer of $6,192,183.97. Vision Insurance ACH Transfer of $55,936.69. b. PAYROLL FOR RATIFICATION - Payroll for the period ending September 30, 2022, in the amount of $18,545,074.34. 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 renovations; software; partnership agreements; curriculum; computers; 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 October 11, 2022. b. Payroll for the period ending September 30, 2022.
c. Gifts for Clinton, Southwest, and the district.
d. Bids/contracts/other routine business for renovations; software; partnership agreements; curriculum; computers; items listed for auction; and any other bids/contracts/routine business as presented.
Attachments:
(
)
|
||||||||
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 student who has been assigned student number 408897 (for purposes of confidentiality, an assigned number is being used) meets one or more of the criteria of the Board resolution of January 25, 2022, with regard to such option student; 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.
Attachments:
(
)
|
||||||||
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
|
||||||||
10.2. From the Superintendent
|
||||||||
10.2.1. District Wide Area Network #10443
Rationale:
The existing district fiber optic Wide Area Network connects LPS buildings to provide all staff and students with access to LPS and internet digital resources. The fiber network contract expires on July 1, 2023.
The proposed network lease would begin operation on July 1, 2023. Staff reviewed three responses to a Request For Proposal (RFP) with initial contract terms of ten years, including provisions to exercise two optional five-year year extensions. If both extensions are executed, the proposed fiber network will be available to the district until June 30, 2043. The twelve-year contract cost of the current fiber network is $8,058,028 for an average annual cost of $671,502.33. The proposed contract cost is $1,230,000 over ten years, for an average annual cost of $123,000. If the two additional five-year extensions are exercised, the average annual cost of the proposed fiber network would be $120,540 on the twenty-year term. The proposed contract cost represents an average 82% annual decrease and, based on the current percentage of students receiving free and reduced meal assistance, the district is eligible for a Federal E-rate discount of 60%. Explanation
Based on the evaluation rubric contained in RFP #10443 for the district Wide Area Network, the response representing the lowest total-cost-of-ownership was selected. The selection process was consistent with LPS procurement practices, further established high standards for vendor partnerships as specified in Section 7 of the Board Technology in Education Resolution, and meets requirements of the Federal E-Rate program. An E-Rate consultant, CRW Consulting of Tulsa Oklahoma, guided the process to help LPS staff prepare the RFP and analyze the responses. District staff have filed all appropriate forms with the Federal E-Rate program to receive Category One funding of 60% on eligible services, reducing the total 10-year contract cost of $1,230,000 to an LPS expenditure of $492,000 over the contract term. Annually, E-Rate funds are prioritized based on needs level and distributed first-come, first-served at each priority level. Board approval will allow filing for E-Rate reimbursement at the earliest date possible, providing the greatest opportunity for reimbursement. The terms of the proposed contract require the total cost of the initial ten-year contract to be paid in the first year. This is recognized as a Non-Recurring Cost (NRC) within the E-Rate program and is eligible for applicable discounts. There are no Monthly Recurring Costs (MRC) in the proposal associated with the initial ten-year term. Subsequent five-year extensions have the same requirement of a single NRC expenditure for the contract term. The terms of the proposed contract also include an IRU (Indefeasible Right of Use) agreement like the one that exists in the contract with the current provider. This is an important provision that ensures the district may continue using the fiber network under the contract terms and conditions even if the ownership of the fiber changes. The proposed network will allow LPS staff to increase the capacity to 100 Gbps or more based on future network demands. The proposed network will provide greater network resilience due to additional diverse paths to sites and the exclusive use of underground fiber. Allo fiber in the city of Lincoln is six years of age or less. It is recommended that the Board award $1,230,000.00 to Allo Communications for the purchase of Wide Area Network Leased Dark Fiber.
This will be an expenditure of $492,000.00 from the General Fund. Proposal
That the Board approve the proposed purchase with Allo Communications. The proposed purchase and deployment timeline was reviewed with the Board Student Learning & Technology Committee. The Board by approving this purchase with Allo Communications, is approving the provisions of the agreement and all associated documents related thereto according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Chief Technology Officer or a designee, and the Board is hereby delegating to and authorizing the Chief Technology Officer or a designee to sign, execute, and deliver such documents, 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 implement the same on a day to day basis during its term as contemplated thereby, for and on behalf of this school district. |
||||||||
11. EXPEDITED/EMERGENCY ACTIONS
|
||||||||
12. ITEM(S) REMOVED FROM CONSENT AGENDA
|
||||||||
13. INFORMATIONAL ITEMS/REPORTS
|
||||||||
13.1. From Board Committees
|
||||||||
13.2. From Special Appointments
|
||||||||
13.3. From the Superintendent
|
||||||||
13.3.1. Superintendent Update
|
||||||||
14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
October 12: Face the Chamber, 12:00 pm, Country Club of Lincoln
October 14: Elementary Plan Day, No School for Elementary October 17-18: Quarter Break, No School at All Levels October 23: ILC Open House, 2:00 pm, Duplex by Lakeview Elementary October 25: Board Meeting, 6:00 pm, SJDLC |
||||||||
15. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. 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. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately 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 |
||||||||
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. |
||||||||
17. ADJOURNMENT
|