May 12, 2015 at 6:00 PM - Board of Education Regular Meeting

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.

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.

Rationale: 

Maxey Elementary School teacher Linda Freye has been honored with the Excellence Award from the Nebraska State Educator Association. This recognizes innovation, involvement, and resources and activities used in the classroom to benefit students.

Explanation
Linda Freye is well known among peers for her dedication both to students and her co-workers. Relying on affirmation, creativity, and meeting all needs, the Maxey Elementary School teacher advocates for her profession and her students. She can balance committee work with crayons and scissors and appraisal development with reading and writing of kindergarteners.

Eric Weber, associate superintendent for LPS, had a daughter in Freye’s class. 

“With the energy of the Energizer Bunny, Linda never slows down. Students are constantly processing, thinking critically, forming relationships, and gaining an understanding of their place in the world. She is a strong relationship builder, and all of this learning happens in a safe, welcoming, and nurturing classroom environment.”

Freye has served as a faculty representative and on various committees for the Lincoln Education Association (LEA), acted as an advocate for teachers, chaired the school district’s teacher appraisal committee, and much more.

Jenni Benson, LEA president, said:

“Linda is known as the ‘queen of kindergarten.’ This is a title she has earned by being held in high regard by her students, the families she serves, and her colleagues. Linda uses humor and builds relationships with everyone. Her classroom is incredibly organized and learning is taking place in every nook of the room. Her expectations are high and her students’ results reflect successful learning.”

Rationale: 

Rationale:  In keeping with Policy 8420, 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.

Rationale: 

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.  Administrator Certificated Employees:
             Elections – 2
   b.  Certificated Employees:
             Elections – 42
             Re-Elections Same Assignment – 2
             Re-Elections New Assignment – 3
             Changes of Status – 2
             Leaves of Absence – 18
             Separations – 42
   c.  Substitute Certificated Employees:
             Elections – 10
             Changes of Status – 1
             Separations – 21
   d.  Classified Employees:
             Elections – 15
             Changes of Status – 2
             Separations – 26
   e.  Other:
             Civic Leave – 1

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.

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 30, 2015, were previously provided.                

Federal Tax ACH Deposit of $5,203,535.71.                

State Tax ACH Deposit of $718,245.78.                

Procurement Card ACH Transfer of $82,374.43.                

Office Depot ACH Transfer of $54,065.54.                

Vendor ACH Transfer of $43,360.80. 

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending April 30, 2015, in the amount of $13,668,942.16. 

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 the purchase of science equipment; the purchase of welding supplies and equipment; the purchase of microscopes; the purchase of calculus materials; the purchase of materials for life skills courses; the purchase of playground equipment; the purchase of Dell storage hardware; interior remodel at Lux and Scott Middle Schools and Sheridan Elementary School to provide secured entrances; installation of an audio-visual system at The Career Academy; renovation of the Nuernberger Education Center; the purchase of cardio and weight equipment; construction of Marilyn Moore Middle School; professional engineering services related to construction of Wysong Elementary School; extension of the time and attendance system maintenance and support; an amendment to the agreement with Educare of Lincoln; a joint facility venture with the YMCA; items to be 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 May 12, 2015.  

b.  Payroll for the period ending April 30, 2015.  

c.  Gifts for Eastridge and Southeast.  

d.  Bids/contracts/other routine business for the purchase of science equipment; the purchase of welding supplies and equipment; the purchase of microscopes; the purchase of calculus materials; the purchase of materials for life skills courses; the purchase of playground equipment; the purchase of Dell storage hardware; interior remodel at Lux and Scott Middle Schools and Sheridan Elementary School to provide secured entrances; installation of an audio-visual system at The Career Academy; renovation of the Nuernberger Education Center; the purchase of cardio and weight equipment; construction of Marilyn Moore Middle School; professional engineering services related to construction of Wysong Elementary School; extension of the time and attendance system maintenance and support; an amendment to the agreement with Educare of Lincoln; a joint facility venture with the YMCA; items to be listed for auction; and any other bids/contracts/routine business as presented.

Rationale:  On February 10, 2015, the Board adopted a resolution to accept option students for the 2015-16 school year. Application has been received from a student requesting that they be accepted as an option student for the 2015-16 school year.  Staff recommends that the student referred to in this agenda item be accepted for enrollment as they are in compliance with the Board resolution of February 10, 2015.      

Explanation
Staff has examined the application of the student included in this proposal.  The student meets one of the criteria set forth by the Board in its resolution of February 10, 2015.  Staff recommends approval of this application.      

Proposal
That the Board adopt the following resolution:  

WHEREAS the student who has been assigned student number 204807 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of February 10, 2015, with regard to such option students;  

THEREFORE BE IT RESOLVED that the aforementioned student be accepted as an 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.

Rationale:  March 15, 2015, 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 2015-16 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
Request from students who resides in the Lincoln Public Schools District and wishes to attend school outside of the Lincoln Public Schools District has been received after the March 15, 2015, deadline.  The Lincoln Public Schools Board of Education may deny or approve these requests.  If these requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.

Student Number Option District                                                                         406006 Malcolm                                    
197314 Wahoo                                        

Proposal
That the Board approves these requests for option out for the 2015-16 school year. 

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.

Rationale: 

Annually, the Board of Education evaluates the Superintendent of Schools.  The 2014-15 evaluation of Steve Joel, Superintendent, has been completed and will be recommended for approval to be placed in his personnel file. A copy of the public summary of the Superintendent’s evaluation is attached.

Explanation
The annual evaluation of Steve Joel, Superintendent, has been completed and will be placed in his personnel file and the public summary thereof is attached.

Proposal
That the Board of Education consider and approve the Superintendent’s 2014-15 evaluation to be placed in his personnel file and the public summary thereof.

Rationale: 

Annually, the Board of Education evaluates and reviews the contract of the Superintendent of Schools.  The 2014-15 evaluation of Steve Joel, Superintendent, is in the process of being completed and has been recommended for approval to be placed in his personnel file, and his contract is being recommended for extension and increased compensation. Copies of a public summary of the Superintendent’s evaluation are available, and the proposed contract for approval is attached.

Explanation
It is recommended that the current contract for the Superintendent be amended and approved.

The proposed contract is attached.

Proposal
That the Board of Education consider and discuss an extension and compensation increase and the proposed contract for approval.

Rationale: 
Proposal
That the Board discuss changes to Policy 5520.

Rationale: 

Explanation
The change in the order of business regarding bids is being recommended to align district practice and policy and is reflected in this draft of 8441. 

Proposal
That the Board discuss changes to Policy 8441.

Rationale: 

Explanation

The proposed agreement for each employee group calls for a 2.88 percent salary increase for 2015-16.  Each settlement is within the parameters set by the Board of Education.

It is recommended that the proposed two-year contract for each of the three Associate Superintendents and the Assistant to the Superintendent be amended and extended for one year to June 30, 2017.  It is also recommended that an average total salary increase of 2.88 percent be approved for this group for 2015-16.  Each contract is within the parameters set by the Board of Education.

The proposed contracts are attached.

Proposal

That the Board of Education consider and discuss the proposed agreements with the Administrators, the Custodial Employees Association, and the Office Professionals Association for the 2015-16 school year.

That the Board of Education consider and discuss the recommended one-year contract extensions and average total salary increases of 2.88 percent for the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant to the Superintendent for General Administration and Governmental Relations.

Rationale:  The U.S. Department of Education through Title VII of the ESEA provides funds to fulfill the Federal Government’s unique and continuing trust relationship with and 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. The purpose of this program is to support American Indian and Alaska Native students in meeting the same challenging state student academic achievement standards as all other students are expected to meet. The district has received federal funds for services for Native American students since the mid-1980’s.      

Explanation
The Board of Education approved the four-year Title VII, Indian Education Program grant in May of 2014. This proposal is for year two of the grant. Lincoln Public Schools Indian Education program will provide support to Native American students in grades PK-12 in the 2015-16 school year. Native American students are enrolled in all schools across the district representing about 60 tribes as designated by the parent. The funding from federal grants specifically for Native American students is $147,749. 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 for year two of the Indian Education grant to the U.S. Department of Education for $147,749. The original four-year grant was approved by the Board of Education in May 2014. No district-funding match is required.  

The grant application is due May 15, 2015.  

Rationale: 

Over time, policies can become out of date and need to be revised to reflect new conditions.  This is especially true in the area of technology.   The language in Policy 6441 has been adapted to demonstrate the strategic goal of preparing students for digital citizenship.

Explanation

Proposal
That the Board approve changes to Policy 6441.

Rationale:  Policy 6740 sets the code of conduct for students participating in extracurricular athletics and activities.  As the policy is implemented, it becomes helpful to update the language to clarify questions that may have come from LPS or from events in other districts across the state.  The revised Policy 6740 clarifies definitions of “controlled substance” and “under the influence” to provide greater clarity.  Some additional edits have also been made.

Explanation
The revision of Policy 6740 clarifies definitions to provide greater clarity.

Proposal
That the Board approve changes to Policy 6740.

Rationale: 

Over the last six years, Lincoln Public Schools (LPS) has seen a thirty-one percent (31%) increase in school breakfast participation and a seventeen percent (17%) increase in school lunches.  Additionally, over the last six years LPS has seen a thirty-three percent (33%) increase in food purchases and a forty-five percent (45%) increase in commodities received.  Also, the following challenges have occurred or are anticipated:  (1) Lincoln Public Schools has added thirteen new school kitchens to the district since 1990; (2) Between 2009 to 2014 student enrollment has increased by eleven percent (11%); and (3) An additional two new schools kitchens will be added in 2016 and 2017.  

Food Stores has no room to expand at its current location in the Distribution Center (DC) and has out-grown the current freezer space at DC.  Nutrition Services has compiled a long list of advantages of a new facility, some of which include that a new or larger facility would eliminate the need to rent outside cold storage and enable LPS to receive larger truckload deliveries of dry and frozen food from the USDA and to use more commodity food items to cover the menu; in turn saving the district money on shipping charges and food purchases.      

Explanation
In September of 2013, LPS issued a Request for Information (RFI), seeking proposals from interested owners on the acquisition by lease/purchase of a property and building suitable for warehouse space to accommodate the LPS Nutrition Services Food Store noting that proposal may involve any existing or build-to-suit facilities.  In October of 2013, LPS received eleven submittals (representing seventeen land parcels), all located in the southwest quadrant of the City of Lincoln.  As a result of extensive study and analysis, staff and the Planning Committee are recommending purchase of the warehouse/office building and adjacent land located at 710 Hill Street, Lincoln, Nebraska generally known as the Bison site.  The Bison site consists of ±4.2 acres and includes a 39,113 square foot building improvement designed for warehouse/office use.  A copy of the proposed purchase agreement and all other details are available in the Purchasing Department.  The purchase price is $2,075,000 to be paid from Nutrition Services and other funds.      

Proposal
That the Board approve the following resolution to purchase the Bison site:  

RESOLUTION LINCOLN PUBLIC SCHOOLS   BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Property Purchase and Sale Agreement for the Bison site (“Agreement”), in the form on file with official LPS records and as presented at this meeting, or with such changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved;  

BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the school district should be and is hereby authorized and directed to sign, execute, and deliver such Agreement upon presentation of a fully executed estoppel certificate in satisfactory form and any other documents or agreements called for in such Agreement or determined to be in the best interest of the district, for and on behalf of LPS, and is further hereby authorized and directed to complete and pay for all due diligence requirements, to retain any necessary professionals for assistance, to pay the purchase price and all transaction costs and expenses, 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 warranty deed or other necessary documents on the described property to be purchased, received and developed by LPS under the Agreement.  

Rationale: 

Each year the Business Affairs Office makes recommendations to the Board of Education for tuition charges for regular and special education programs.  This is done in accordance with Policy 3300 and Regulation 3300.1.      

Explanation
The following is the recommendation for tuition charges for the 2015-16 school year for the programs noted.  The rates are intended to recover the district’s anticipated actual costs for the 2015-16 school year.  

1.  Regular Instructional Program: 

2015-16 Rates
                                               Per Year                   Per Semester               Per Day           
Grades K-6                         $  8,700.00                      $4,350.00                 $49.43           
Grades 7-8                         $10,400.00                      $5,200.00                 $57.78           
Grades 9-12                       $12,150.00                      $6,075.00                 $67.50            

Based on 176 days elementary and 180 days secondary. 

2.  Specialized Services for Special Education Programs:  

Special education tuition rates will be determined using the calculation provided by the Nebraska Department of Education.  The rate will include Lincoln Public Schools’ cost per student calculated pursuant to Neb. Rev. Stat. 79-598(3) plus Lincoln Public Schools’ average cost per student for special education services adjusted upward for students receiving an even more intense program.      

Proposal
That the Board approve the proposed tuition rates.

Rationale:  May 13:
TCA Joint Board Meeting, 8:00 am, SCC Lincoln Campus
Face the Chamber, 12:00 pm, Lincoln Country Club
LPS Retirement Celebration, 5:00 pm, Lincoln Country Club

May 15, Standing Bear Breakfast, 8:00 am, Embassy Suites

May 18, Board Organizational Meeting, 5:30 pm, LPSDO

May 21 (Last Day of School), Bryan Community Graduation, 7:00 pm, East High Schools

May 24:
LNS Graduation, 12:00 pm, Pinnacle Bank Arena
LSE Graduation, 1:30 pm, Devaney Center
LHS Graduation, 3:00 pm, Pinnacle Bank Arena
LNE Graduation, 4:30 pm, Devaney Center
LSE Graduation, 6:00 pm, Pinnacle Bank Arena
LEH Graduation, 7:30 pm, Devaney Center

May 25, LPS Holiday

May 26, Board Meeting, 6:00 pm, LPSDO

Rationale:  In keeping with Policy 8420, 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.

Rationale: 

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.

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.