August 25, 2020 at 6:00 PM - Board of Education Regular Meeting
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1. LPS BOARD OF EDUCATION INFORMATION
Rationale:
Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media. A mailing list is maintained at the Lincoln Public Schools District Office. A public notice was published in the LINCOLN JOURNAL STAR. |
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2. CALL TO ORDER
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3. ROLL CALL
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4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
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5. APPROVAL OF MINUTES
Rationale:
The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.
Explanation The minutes have been prepared for Board approval.
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Update - 2020 LPS Pandemic Plan & Procedures and Action if Needed
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7. PUBLIC COMMENT
Rationale:
In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:
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8. CONSENT AGENDA
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: |
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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 August 25, 2020, were previously provided. Federal Tax ACH Deposit of $64,013.43. State Tax ACH Deposit of $915,841.51 Procurement Card ACH Transfer of $217,401.29. Retirement ACH Transfer of $5,168,356.97. Vendor ACH Transfer of $45,000.00. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending August 6 & 14, 2020, in the amount of $218,191.65. 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 software; the purchase if iPads; professional development services; the purchase of robots; learning subscription; cheer squad uniforms and accessories; integrated pest management service; salt spreaders and groundsmaster; grant agreements; right of entry authorization; an interlocal agreement; 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 August 25, 2020. b. Payroll for the periods ending August 6 & 14, 2020.
c. Gifts for Clinton, North Star, Southeast, and the district.
d. Bids/contracts/other routine business for the purchase of software; the purchase if iPads; professional development services; the purchase of robots; learning subscription; cheer squad uniforms and accessories; integrated pest management service; salt spreaders and groundsmaster; grant agreements; right of entry authorization; an interlocal agreement; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Late Requests for Enrollment Option Out 2020-21
Rationale:
March 15, 2020, 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 2020-21 school year. The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05). Explanation Student Number Option District |
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9. FIRST READING, ACTION AT NEXT MEETING
Rationale:
*The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
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9.1. From Board Committees
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9.1.1. Newly Annexed Property to the City of Lincoln
Rationale:
The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted. This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.
Explanation The City of Lincoln has annexed two parcels of land, which automatically brings these properties into the district of Lincoln Public Schools. These properties need to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending: 70th St. & Saltillo Rd. H.S. Site, Annexation Ordinance #20010, for 2020-21 school year: Wysong Elementary School, Moore Middle School, East High School Iron Ridge PUD, Annexation Ordinance #19005, for 2020-21 school year: Adams Elementary School, Moore Middle School, Southwest High School Proposal That the Board discuss the proposed attendance area assignments of the newly annexed properties.
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9.1.2. 2020-21 Lincoln Public Schools Budget Adoption
Rationale:
The Board of Education held a public hearing on the 2020-21 budget on August 24, 2020.
Explanation Staff recommends that the Board review the budget statement (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, 79-10,110 and 79-10,110.01 R.R.S. Neb., et. seq., and other Nebraska laws. After Board review, the following resolution will be presented for approval on September 8, 2020. RESOLVED by the Board of Education of Lancaster County School District 001: 1. 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, 2020, and ending August 31, 2021, namely:
$256,835,213 - 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. $36,428,311 - 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. $4,486,685 - All of the previously identified Qualified Capital Purpose Undertaking Fund projects have been completed, and as such, in full compliance with all prerequisites, approved itemized estimates, procedures and requirements as provided by Sections 79-10,110 R.R.S. Neb., et. seq. and other Nebraska laws, sometimes known as the Qualified Capital Purpose Undertaking Fund laws, to provide for the payment of principal and interest on bonds issued in accordance with such laws for (a) environmental hazard abatement and accessibility barrier elimination projects; (b) Qualified Zone Academy Bond projects; (c) American Recovery and Reinvestment Act of 2009 Academy Bond projects; and (d) building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention. 2. 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 $297,750,209, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected. 3. 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, 2020, 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. 4. That the 2020-21 budget as presented 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. 5. 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 2020-21 fiscal year adopted budget and budget statement hereby approved. 6. That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2020, the approved itemized estimate of the amounts necessary and period of years to repay the principal and interest on bonds issued in accordance with § 79-10,110, et. seq., and other laws. 7. 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 2020-21 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 a 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 review and discuss the 2020-21 budget statement, itemized estimate, and resolution. Please note that the numbers presented are preliminary and subject to change before actual adoption.
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9.1.3. 2020-21 Insurance Rates
Rationale:
For 25 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 of more than 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. The 2020-21 rates are attached for review.
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9.2. From the Superintendent
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9.2.1. Northeast and Southeast High Schools Turf Improvements #9983
Rationale:
Bids were requested from interested vendors for the installation of synthetic turf field improvements at Northeast and Southeast High Schools. Services will include: site demolition, grading, installation of aggregate base course, installation of storm sewer piping, synthetic turf, and other minor improvements.
Explanation It is recommended that award be confirmed to the lowest responsible bidder meeting specifications: Nemaha Landscape Construction, Inc. (Lincoln, Nebraska) $1,413,490.00 There was six other bidders. Mid America Sports Construction (Lee’s Summit, Missouri) $1,418,592.00 ATG-Ram Industries, LLC (Andover, Kansas) $1,618,000.00 Landscapes Unlimited, LLC (Lincoln, Nebraska) $1,664,355.00 Hellas Construction, Inc. (Austin, Texas) $1,784,600.00 PCC Sports (Lone Jack, Missouri) $1,790,000.00 Byrne & Jones Construction (Bridgeton, Missouri) $1,831,400.00 A complete bid tabulation is available in the Purchasing Department. This will be a total expenditure of $1,413,490.00 from the 2020 Bond Fund. Proposal The Board, by approving this agreement with Nemaha Landscape Construction, 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. |
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. Policy 4000 Series
Rationale:
Periodically, new circumstances or changes in legislation or regulation from the state or federal government requires the school district to make a number of minor updates to align existing policy without changing the original leadership or organizational intent of the Board. When the Board has a number of such policies to revise, it collects them into a single Board agenda item.
EXPLANATION: Policies and Regulations have been updated as follows: Policy 4885 is new in regard to Fraternization. Regulation 4340.2 is substantially changed to include the new District requirements for permanent status (tenure) for probationary certificated employees. Regulation 4880.3 is new and is based on new Title IX Federal Guidance/Policy. Policies 4210, 4300, 4770, 4880 (and Regulations 4760.1 and 4880.1) have been updated to include "gender identification" based on a recent Supreme Court decision. Regulations 4640.3, 4940.2, and 4950.1 were eliminated as they are no longer current practice or are incorporated into other LPS Policy. Editorial changes were made to Policies/Regulations: 4000, 4100, 4100.1, 4100.2, 4100.4, 4200.1, 4300.3, 4330.2, 4400, 4400.3, 4500, 4520, 4600, 4600.5, 4610, 4610.1, 4610.2, 4610.3, 4630.1, 4640, 4640.1, 4640.2, 4640.3, 4640.4, 4640.6, 4650, 4660.1, 4690, 4720, 4730, 4730.1, 4740, 4750, 4760.1, 4770, 4772, 4780, 4780.1, 4800.1, 4810, 4820, 4860, 4890, 4890.1, 4900.1, 4900.2, 4910, 4920.3, 4920.4, and 4940. The following Policies/Regulations are submitted for affirmation as written and do not require revisions: 4100.3, 4200, 4220, 4220.1, 4300.1, 4300.2, 4310, 4310.1, 4320, 4330, 4330.1, 4330.3, 4330.4, 4330.5, 4340, 4340.1, 4400.1, 4400.2, 4400.4, 4420, 4420.1, 4420.2, 4510, 4600.1, 4600.2, 4600.3, 4600.4, 4615, 4620, 4620.1, 4630, 4640.5, 4640.7, 4640.8, 4660, 4670, 4670.1, 4670.2, 4670.3, 4680, 4700, 4710, 4710.1, 4760, 4775, 4790, 4800, 4825, 4830, 4840, 4850, 4865, 4870, 4880.2, 4900, 4920, 4920.1, 4920.2, 4930, 4940.1, 4950, 4960, 4960.1, 4960.2, 4960.3, and 4970. Regulation 4880.3 is new and was previously approved by the board on August 11, 2020.
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10.2. From the Superintendent
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10.2.1. Interlocal Cooperation Act Agreement for School Resource Officers and Threat Assessment Officer #10000
Rationale:
Resource officers are assigned to LPS middle and high schools and a threat assessment officer is assigned to the district. The officers assist with the education of students, assist staff, and facilitate communication between LPS and LPD. School Resource Officers take appropriate law enforcement action when situations arise requiring the exercise of police authority.
Explanation It is recommended that an agreement be entered into with the City of Lincoln for providing 12 school resource officers and a threat assessment officer for the period of September 1, 2020, through August 31, 2021. The agreement may be renewed for additional one-year periods upon mutual written agreement of the parties. Either the City or Lincoln Public Schools may terminate this agreement without cause by giving the other party sixty (60) days’ written notice. This will be an expenditure of $508,020.88. In no calendar year shall the cost per officer per year payable by LPS be greater than such cost in the prior year, compounded by a growth limitation of 5 percent per calendar year. The increase for 2020 is 4.95 percent. This expenditure will be from the General Fund. Proposal The Board, by approving this agenda item, is also consenting to and approving this Interlocal Agreement with the City of Lincoln and any associated documents related thereto according to the terms and conditions as presented or such other or additional terms and provisions as hereinafter negotiated and approved by the Associate Superintendent for Business Affairs or a designee; and the Board is further hereby delegating to and authorizing the Superintendent, Associate Superintendent for Business Affairs or a designee to sign and deliver this Interlocal Agreement 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 implement and administer the Agreement on a day to day basis; to sign and deliver any renewal Agreement’s or to terminate the same as contemplated thereby and determined appropriate, for and on behalf of this school district, and unless otherwise provided by the agreement hereby designates the Director of Security, or another person as selected by the Superintendent, or the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement. |
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11. EXPEDITED/EMERGENCY ACTIONS
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12. ITEM(S) REMOVED FROM CONSENT AGENDA
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13. INFORMATIONAL ITEMS/REPORTS
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13.1. From Board Committees
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13.2. From The Career Academy
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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13.3.2. Monthly Financial Report
Rationale:
At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.
Explanation
The monthly financial report for the month ending July 31, 2020, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
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August 27: SSKI Board Meeting, 12:15 pm, City County Bldg
September 8: Board Meeting, 6:00 pm, LPSDO |
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15. PUBLIC COMMENT
Rationale:
In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:
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16. REQUEST FOR CLOSED SESSION
Rationale:
The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.
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16.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:
The Lincoln Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law. That the Board hold a closed session: 1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. 2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. |
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17. ADJOURNMENT
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