November 8, 2022 at 6:00 PM - Board of Education Regular Meeting
Agenda |
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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. |
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: Tommy Bender, Southeast High School English teacher, named 2022 High School Teacher of Excellence by the National Council of Teachers of English, and Nebraska English Language Arts Council 2022-2023 English teacher of the year
Rationale:
Tommy Bender, Southeast High School English teacher, was recently honored with two awards during the 36th Annual Plum Creek Literacy Festival. Bender was named 2022 High School Teacher of Excellence by the National Council of Teachers of English, and Nebraska English Language Arts Council 2022-2023 English Teacher of the Year.
Explanation: Southeast High School English teacher Tommy Bender received two awards for excellence in teaching. The National Council of Teachers of English (NCTE), named Bender a 2022 High School Teacher of Excellence. He was also designated as the 2022-2023 English Teacher of the Year by the Nebraska English Language Arts Council (NELAC). Bender was nominated by Ann Quinlan of Lincoln. A former Southeast High School English Department Chair, Ms. Quinlan wrote in her nomination letter: "Tommy Bender has dedicated his career to helping students become more than they thought they could be. From teaching required Oral Communications classes to freshmen who may be anxious about presenting their first speech, to working with varsity level speech teams that compete nationally and achieve exceptional honors, Tommy shows interest, enthusiasm, and support for all students." |
6.2. Staff Celebration: Hanna Savidge, a Fourth-Grade Teacher at Randolph Elementary School, Named Rookie Teacher of the Year by the Nebraska Association of Teachers of Mathematics
Rationale:
Hanna Savidge, a fourth-grade teacher at Randolph Elementary School, has been named 2022 Rookie Teacher of the Year by the Nebraska Association of Teachers of Mathematics. This award was established in 2000 to honor rookie mathematics teachers who demonstrate outstanding teaching in their beginning years of teaching. Explanation:
The Nebraska Association of Teachers of Mathematics named Randolph Elementary School fourth-grade teacher Hanna Savidge 2022 Rookie Teacher of the Year. Established in 2000, this award recognizes teachers in their first three years of teaching who demonstrate outstanding work in the area of mathematics. Randolph Principal Monica Jochum wrote in her nomination letter: "Hanna does all she can to ensure her students have the best instruction possible. Hannah will have a student come up and share the way they solved a problem. The rest of the class is intently listening for understanding their method. The students then follow up with questions connected to their student's thinking. The students have a very natural conversation about their mathematical thinking. All the while, Hanna is listening with a keen ear and facilitating the conversation. She allows her students to lead the conversations and steps in to guide or ask follow-up questions. Through her routines and procedures, she has fostered a love of mathematics and deep problem-solving in a community of learners."
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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:
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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: Proposal: *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 November 8, 2022, were previously provided. Procurement Card ACH Transfer of $104,641.03. Blue Cross/Blue Shield ACH Transfer of $6,265,861.84. b. GIFTS - Approval for the gifts listed on the attached gift report. c. BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for football equipment; mental health services; food products; 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 November 8, 2022. b. Gifts for Northeast and Yankee Hill.
c. Bids/contracts/other routine business for football equipment; mental health services; food products; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Late Request 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 |
8.4. Enrollment of Expelled Students
Rationale:
Lincoln Public Schools regulation 5460.1 and Nebraska state law provides that if a student has been expelled from any public or private school, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired unless the Lincoln Board of Education approves by a majority vote the enrollment of such student prior to the expiration of the expulsion period. Student number 453015 (for purposes of confidentiality we are using an assigned number) has filed the proper application and has requested enrollment.
Explanation: The Department of Student Services has reviewed the application and the background information on the student and is recommending that the application be approved and that the student be enrolled in the Lincoln Public Schools Expelled Student Program for the remainder of this school year, subject to such terms and conditions as imposed by the Director of Student Services and all program rules and regulations until the term or time period of the original underlying expulsions are completed. Proposal: That the Board approves the application and all recommendations of the Department of Student Services. |
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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9.2. From the Superintendent
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9.2.1. Northeast and East High School Track Renovation Project #10683
Rationale:
Sealed bids were received on October 27, 2022, from interested vendors, to provide renovations for the tracks at Northeast and East High Schools.
Explanation:
It is recommended that award be made to the lowest responsible vendor meeting specifications: Midwest Tennis & Track Co. (Denison, Iowa) $570,567.00 Add Alternate #2-running track resurface will also be included for this project. $69,264.00 Total $639,831.00 There was one other bidder: Fisher Tracks Inc. (Boone, Iowa) $599,870.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $639,831.00 from the Depreciation Fund. Proposal:
The Board, by approving this agreement with Midwest Tennis & Track, 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. |
9.2.2. Goodrich Renovation Project #10663
Rationale:
Sealed bids were received on October 27, 2022, from interested vendors, to provide renovations at Goodrich Middle School.
Explanation: It is recommended that award be made to the lowest responsible vendor meeting specifications: BIC Construction LLC (Lincoln, Nebraska) $804,100.00 Add Alternate A1-Paint cabinets and add Alternate E1 Replace lights in Art rooms will also be included for this project. $22,500.00 Total $826,600.00 There were two other bidders: Hampton Commercial Construction Inc. (Lincoln, Nebraska) $824,960.00 Genesis Contracting Group LLC (Lincoln, Nebraska) $893,000.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $826,600.00 from the 2020 Bond Fund and other appropriate building funds. Proposal: The Board, by approving this agreement with BIC Construction, 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. |
9.2.3. Student and Staff Calendar
Rationale:
Modify the 2022-2023 school calendar to provide an additional non-student day in first semester and an additional non-student day in second semester to provide teachers with additional instructional support.
Explanation: Staff has continued to give up their contracted plan period(s) to provide class covers and additional supervision duties due to the limited availability of substitutes in a tight labor market. The Board recognizes the added demands on staff and seeks to enhance the ability of staff to meet these challenges by modifying the normal school calendar for 2022-2023 by adding December 9 and February 21 as non-student days.
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.2. From the Superintendent
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10.2.1. Lincoln High South Annex IAQ #10697
Rationale:
Proposal were requested for design and construction administration services for indoor air quality and associated improvements at the Lincoln High School South Annex.
Explanation: It is recommended that an award be made to Clark Enersen Inc. for the design and construction administration services. Clark Enersen (Lincoln, Nebraska) $555,000.00 This will be an expenditure of $555,000.00 from the Depreciation Fund. A complete copy of the agreement is available in the Purchasing Department. Proposal:
The Board, by approving this agreement with Clark Enersen Inc., 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. |
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 Special Appointments
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
November 9: Face the Chamber, 12:00 p.m., Country Club of Lincoln
November 16-18: NASB State Education Conference, Omaha, NE November 22: Board Meeting, 6:00 p.m., 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
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