August 25, 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: 

In keeping with Board Policy 8420:

• A time limit of five minutes will be allotted for any speaker.
• Members of the Board of Education will not respond or engage with speakers.
• Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
• The Board Chair may make adjustments to the public comment guidelines, according to Policy 8420.
• If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board.
• Anyone refusing to be identified will be prohibited from speaking.

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:

             Changes of Status – 1

   b.  Certificated Employees:

             Elections – 19

             Re-Elections Same Assignment – 3

             Re-Elections New Assignment – 1

             Changes of Status – 6

             Leaves of Absence –8

             Separations – 7

   c.  Substitute Certificated Employees:

             Elections – 17

             Changes of Status – 4

             Separations – 15

   d.  Classified Employees:

             Elections – 87

             Changes of Status – 16

             Separations – 42

   e.  Other:

             Employment of Family Member – 1

   f.  Approval of recommended renewal of agreement with City of Lincoln Police Department to hire uniformed personnel.

 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 August 25, 2015, were previously provided.                

Federal Tax ACH Deposit of $28,217.42.                

State Tax ACH Deposit of $709,869.26.                

Procurement Card ACH Transfer of $129,505.64.                

Office Depot ACH Transfer of $25,625.83.                

Vendor ACH Transfer of $6,155.39.

b.  PAYROLL FOR RATIFICATION – Payroll for the period ending August 14, 2015, in the amount of $102,812.32.

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 technology items, supplies, and equipment for The Career Academy; an agreement for the provision of deaf or hard of hearing services; an agreement for professional development at Lincoln High; a subscription used to obtain feedback about the use of technology; an agreement for advertising at specified LPS sites; 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 August 25, 2015.  

b.  Payroll for the period ending August 14, 2015.  

c.  Gifts for Clinton, Rousseau, Goodrich, and the district.  

d.  Bids/contracts/other routine business will be presented for approval for the purchase of technology items, supplies, and equipment for The Career Academy; an agreement for the provision of deaf or hard of hearing services; an agreement for professional development at Lincoln High; a subscription used to obtain feedback about the use of technology; an agreement for advertising at specified LPS sites; 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.  Applications have been received from students requesting that they be accepted as option students for the 2015-16 school year.  Staff recommends that the students 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 applications of the students included in this proposal.  The students meet one of the criteria set forth by the Board in its resolution of February 10, 2015.  Staff recommends approval of these applications.

Proposal
That the Board adopt the following resolution:  

WHEREAS the students who have been assigned student numbers 407723, 206984, 401241, and 401277 (for purposes of confidentiality, assigned numbers are being used) meet 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 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.

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                                                 250296                                              Palmyra 
            269379                                              Bellevue    
            407969                                              Milford      

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: 

For 20 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program.  The advantages of self-insurance are:  1) lower premiums, 2) district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, 5) LPS staff and legal counsel are involved in claims from the beginning.  The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district to be over one million dollars per year in premium costs alone.

Explanation
Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage, Boiler and Machinery insurance, and the third party claims handling service for property/liability through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm.

Proposal
That the Board review the 2015-16 insurance rates.

Rationale: 

The Lincoln Board of Education has recognized the Lincoln Paraeducator Association as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of the employee group.  Mr. Ken Babcock and Mr. Robbie Seybert have negotiated with the employee group and a tentative agreement has been reached between Lincoln Public Schools and the employee group for the 2015-16 school year.

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

Proposal
That the Board of Education consider and discuss the proposed agreement with the Lincoln Paraeducator Association for the 2015-16 school year.

Rationale: 

The Board of Education held a public hearing on the 2015-16 budget on August 11, 2015.      

Explanation
Staff recommends that the Board review the budget statement as amended (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, and 79-10,110 R.R.S. Neb., and other Nebraska laws.   

RESOLVED by the Board of Education of Lancaster County School District 001:  

That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2015, and ending August 31, 2016, namely: 

$197,803,161  -  To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund.

$29,202,292  -  To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund.

$6,440,468  -  To provide for environmental hazard abatement and accessibility barrier elimination projects; to provide for Qualified Zone Academy Bond projects; to provide for American Recovery and Reinvestment Act of 2009 Academy Bond projects; and to provide for building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention; further known as the Qualified Capital Purpose Undertaking Fund.

That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $233,445,921, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected.

That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2015, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb. 

That the 2015-16 budget as presented and amended, and all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted.

That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2015-16 fiscal year adopted budget and budget statement hereby approved.

That in accordance with Section 79-10,110 R.R.S. Neb. and other Nebraska laws, the Board has made a determination that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, or that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds of the Lincoln Public Schools and that approval of the budget and this resolution shall constitute: (a) establishment of the qualified capital purpose undertaking fund and accounts by the Board; (b) a determination by the Board that an actual or potential environmental hazard or accessibility barrier exists, that a life safety code violation exists, that expenditures are needed for indoor air quality or mold abatement and prevention within the school buildings or grounds under its control; (c) Board ratification of the accompanying itemized estimate of the amounts necessary to be expended for such matters, such estimate having been approved by the Board on August 9, 2005, June 23, 2009, and June 8, 2010; (d) Board approval and designation of the particular projects for which the tax levy will be expended, and as known or appropriate, the relevant period of years (not to exceed ten) for which the tax will be levied for such projects, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (e) Board approval of any listed undertaking for any qualified capital purpose in any qualified zone academy under its control and the tax levy to repay any qualified zone academy bond issued for such undertaking, and designation of the particular qualified capital purpose for which the qualified zone academy bonds were or are to be issued and for which the tax levy will be expended, and as known or appropriate, the relevant the period of years (not to exceed fifteen) for which the taxes will be levied, and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of the period; (f) Board designation of more than one project or qualified capital purpose in any qualified zone academy, and approval of the tax levy for each such project or qualified capital purpose, concurrently or consecutively, as the case may be, the aggregate levy of which in each year and the duration of each such levy shall not exceed the limitations as specified in § 79-10,110, and other laws; (g) Board approval of any listed undertaking for the construction of a new public school facility or the acquisition of land on which such a facility is to be constructed or any expansion, rehabilitation, modernization, renovation, or repair of any existing school facilities under its control and the levy of a tax to repay any American Recovery and Reinvestment Act of 2009 bond and Board designation of the particular project or projects for which the bond has been or will be issued and for which the tax levy provided will be expended and the period of years for which the tax will be levied to repay such bond not exceeding the maximum term of thirty years for Build America and/or qualified school construction bonds and the amount of the levy (not to exceed five and one-fifth cents per hundred dollars of assessed valuation) for each year of such period and Board ratification and approval of the accompanying itemized estimate of the amounts necessary to be expended for such project or projects; (h) Board approval that the levy may be imposed for such duration as the Board specifies, notwithstanding the contemporaneous existence or subsequent imposition of any other levy for another project, qualified capital purpose, qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose imposed, up to the limit specified in§ 79-10,110, and other laws, and notwithstanding the subsequent issuance by the district of bonded indebtedness, if any is permitted, payable from its general fund levy or otherwise; and (i) Board establishment and approval to maintain with submission of the itemized estimate, an environmental hazard abatement and accessibility barrier elimination project account, a life safety code modification project account, an indoor air quality project account, a mold abatement and prevention project account, and a qualified capital purpose undertaking or other such sub-accounts, within the qualified capital purpose undertaking fund, so that taxes collected shall be credited to the appropriate account to cover project or undertaking costs and so that such estimates may be presented to the county clerk and taxes levied accordingly (Attachment Two).

That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2015, the approved itemized estimates of the amounts necessary to be expended for the abatement of environmental hazards, for accessibility barrier elimination, and for modifications for life safety code violations, indoor air quality, or mold abatement and prevention in the school buildings or grounds of the Lincoln Public Schools and for any necessary or required qualified zone academy purpose or American Recovery and Reinvestment Act of 2009 purpose as provided by § 79-10,110 and other laws.    

That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2015-16 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a “blended component unit” of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or his designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so.      

Proposal
That the Board approve the 2015-16 budget statement, itemized estimate and resolution, as amended.  

Rationale: 

Over time, new technologies and services become available to schools and parents that are not reflected in existing policy.  Revisions in policy are necessary for schools and parents to take advantage of these beneficial opportunities.

Explanation
With the ease of digital photography and the easy access of web commerce, digital photographers have begun offering digital pictures to students, parents, and others from those taken at public performances of students.  The existing policy does not provide for photographs of students for resale.  The addition of this language allows for these services to be coordinated by the district at athletic and activity events and have them available for the community.

Proposal
That the Board approve changes to Policy 1370.

Rationale: 

When establishing contracts with third-party vendors regarding school data, establishing guidelines for the privacy of that data is of great importance to the District to meets its privacy obligations.

Explanation
This new policy creates language directing that the appropriate terms of service are put in place to protect individual privacy.

Proposal
That the Board approve changes to Policy 3640.

Rationale: 

Periodically, new language in state law impacts policies.  This last session, new language was passed that added a new protection from discrimination.  This language needs to be added to the appropriate human resource department policies.

Explanation
The new language that was passed in LB627 results in the following language being added to all policies related to our protections against employment discrimination.

Proposal
That the Board approve changes to Policies 3961, 4210, 4300, 4770, and 4880.

Rationale: 

Periodically, new language in state law impacts policies.  This last session a bill was passed that requires a service that the district will provide families be included in policy.  This policy addition is in response to that requirement.

Explanation
The new language that was passed in LB511 requires that district create a policy and protocol to support students returning to school following an absence for pediatric cancer treatment.  LPS already had a process in place to provide this support through our student assistance and 504 processes.  However, a specific policy did not outline this requirement.  The adoption of Policy 5508 will meet that requirement.

Proposal
That the Board approve changes to Policy 5508.

Rationale: 

Three years ago, the Board made a commitment to support athletic and activity transportation through a multi-year process.  Policy 6700 identified those programs for which transportation support would be provided during the three-year process.  The policy has to be updated to match the new athletics and activities which will be provided this support.

Explanation
Activities were added to Policy 6700 this year.  The list and organization of activities were collaboratively compiled by activities directors and curriculum specialist and are reflected in the newly revised Policy 6700.  Comparable activities and athletics have been included for transportation support.

Proposal
That the Board approve changes to Policy 6700.

Rationale: 

Periodically, new language is amended into state regulations.  This last year, new language was adopted to special education regulations.  This language needs to be added to the appropriate special education policy.

Explanation
The new language that was adopted with Rule 52 results in the new policy language regarding Early Intervention Service being added to Policy 7000.

Proposal
That the Board approve changes to Policy 7000.

Rationale: 

Periodically, new language in state law impacts policies.  This last session, new language was passed regarding school board operating procedures. 

Explanation
The new language that was passed in LB365 allows the minutes of board meetings to be kept as electronic records. 

Proposal
That the Board approve changes to Policy 8443.

Rationale:  At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.      

Explanation
The monthly financial report for the month ending July 31, 2015, is attached.      

Proposal
Information item; no Board action required.  

Rationale: 

September 2, Chamber Coffee, 8:00 am, Chamber Office

September 8, Board Meeting, 6:00 pm, LPSDO

Rationale: 

In keeping with Board Policy 8420:

• A time limit of five minutes will be allotted for any speaker.
• Members of the Board of Education will not respond or engage with speakers.
• Persons speaking to the Board during public comment may hand out printed materials to the Board but may not use any other form of media.
• The Board Chair may make adjustments to the public comment guidelines, according to Policy 8420.
• If at any time persons appearing before the Board exceed the time limitations or become abusive in language or behavior, the Chair may declare that person out of order and to refuse permission to continue to address the Board.
• Anyone refusing to be identified will be prohibited from speaking.

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.