Public Meeting Agenda: December 8, 2020 at 6:00 PM - Board of Education Regular Meeting

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.

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. The Lincoln Board of Education shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

2. CALL TO ORDER

3. ROLL CALL

4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION

5. APPROVAL OF MINUTES

Rationale: The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.

Explanation
The minutes have been prepared for Board approval.

Attachments: (1)

minutes -11-24 Board Meeting

12/4/2020 at 2:11 PM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Staff Celebration: Nebraska Department of Education Named Katie Lewis the State Paraeducator of the Year for the 2019-2020 School Year

Rationale:

BACKGROUND:

The Nebraska Department of Education has honored Katie Lewis, a Paraeducator at Elliott Elementary School the 2019-20 State Paraeducator of the Year.

EXPLANATION:

The Nebraska Department of Education named Katie Lewis from Elliott Elementary School the 2019-20 State Paraeducator of the Year. Paraeducators are invaluable in building positive relationships with students at every level. They help teachers with prevention, responses and effective strategies in building positive interactions throughout the day. Lewis accepted her award at last year’s state paraeducator conference. The theme for the conference was "Paraeducators, the Link to Meaningful Connections." Katie Lewis embodies that theme.

Elliott Principal Kathleen Dering said this about Lewis:

"Katie’s dedication and commitment to our students is visible, authentic and genuine each and every day with the work that she does. Katie empathizes with Elliott students and families while maintaining high, developmentally appropriate expectations. Her care and compassion for students and their unique needs is evident in her ability to listen, engage and support them despite the severity of needs, behaviors or challenging circumstances. Katie sticks with students and families through the highs and lows, celebrating the smallest of accomplishments and growth, while maintaining focus on next steps."

Lewis said she is grateful for a job she loves going to every day:

"Although it can be challenging at times, I am grateful to work with the kids I do. They have taught me the value of patience and flexibility. All children have great value and are worth the time and sacrifice it sometimes takes."

6.2. Update - 2020 LPS Pandemic Plan & Procedures and Action if Needed

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:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
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. 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.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
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.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

8. CONSENT AGENDA

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:
This report includes routine Human Resources changes:

a. Certificated Employees:
Elections - 8
Change of Status - 2
Leave of Absence - 2
Separations - 1

b. Substitute Certificated Employees:
Elections - 13
Separations - 9

c. Classified Employees:
Elections - 30
Separations - 25

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.

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 December 8, 2020, were previously provided.

                Procurement Card ACH Transfer of $65,289.11.

                Blue Cross/Blue Shield ACH Transfer of $5,871,302.62.

                Term Life/Disability ACH Transfer of $194,670.91.

b. BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for the purchase of hand sanitizer; the payment of International Baccalaureate fees; a sublease for parking; assignment and assumption of lease; easement authorization; 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 December 8, 2020.

b. Bids/contracts/other routine business for the purchase of hand sanitizer; the payment of International Baccalaureate fees; a sublease for parking; assignment and assumption of lease; easement authorization; items listed for auction; and any other bids/contracts/routine business as presented.

Attachments: (1)

12-8 Bids & Contracts

12/7/2020 at 1:27 PM

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
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2020, deadline. The Lincoln Board of Education may deny or approve these requests. If the requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.

Student Number Option District
241995 Raymond Central

Proposal
That the Board approves the requests for option out for the 2020-21 school year.

9. FIRST READING, ACTION AT NEXT MEETING

Rationale: *The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.

9.1. From Board Committees

9.2. From the Superintendent

9.2.1. Chromebooks for Grades 2, 6, 9 #10083

Rationale:

The CLASS technology plan provides budget resources in the 2020-21 fiscal year to continue the practice of assigning a Chromebook to each 2021-22 6th grader (3,022) and 9th grader (2,896) for use throughout their middle and high school years, respectively. The current lead time for delivery of Chromebooks is 4-6 months, making a purchase at this time necessary to ensure delivery with enough time to prepare the Chromebooks prior to the start of the 2021-22 school year. This lead time, along with Google’s 9/1/2021 discontinuation of updates for the district’s oldest Chromebooks, creates a need to also purchase Chromebooks for use in 2nd grade where there will otherwise be no devices available for use. This purchase is consistent with the current infrastructure of Dell 11" Chromebooks that were reviewed in response to RFQ 8064. The Dell model scored highest in the evaluation of features and performance in that evaluation. This purchase helps ensure the continuation of the consistent service, support, and functionality that has been established with the district’s existing fleet of Chromebooks for students.

Explanation
The popularity of Chromebooks in K12 education settings is a catalyst for innovation in the Chrome operating system, Google Cloud ecosystem, and development of web apps with functionality equal to software traditionally installed on devices. This accounts for LPS teachers and students who report a high degree of satisfaction with the capability of Chromebooks as a tool for learning and instrument for expression.

Repair data and experience this school year using Chromebook models similar to those proposed for purchase, were shared with the Student Learning and Technology Board Committee. Both the data and first-hand experience affirmed the distribution of touch-capable and standard Chromebooks. Thus, the recommendation is to continue with touch Chromebooks for 9th grade students who will use them throughout their high school years and standard Chromebooks for 6th grade students who will use them for their middle school years.

Instructional needs associated with in-person and remote learning, and the increasing use of digital curriculum and online assessment are indicators of the degree to which Chromebooks have become an integral part of teaching and learning. A review of Chromebook use by 2nd graders ahead of a scheduled refresh next year has revealed the devices have become an integral part of instructional delivery and assessment. Chromebooks were first purchased for 2nd grade students in March, 2017. Those devices, originally purchased with the intent of a 3-year lifecycle that was extended to 4 years, are approaching the end of their fifth year of service and will be rendered operationally inviable when Google discontinues updates for them on 9/1/2021. The distribution of these Chromebooks prior to the 2021-22 school year will be designed to meet existing demands and ensure instructional continuity. The deployment plan will be based on the model that has been successfully implemented in previous years.

It is recommended that the Board award a total of $2,720,906.00 to Dell EMC Inc. (Round Rock, Texas) to purchase 6,245 Dell model 3100 Standard Chromebooks with Chrome management and a 3-year warranty and 3,117 Dell model 3100 2-in-1 Chromebooks including Chrome Management and a 4-year warranty.

Description	Quantity	Cost	Extended Cost
Dell Chromebook 3100 Non-Touch	6,245	$238.00	$1,486,310.00
Dell Chromebook 3100 2-in-1	3,117	$324.00	$1,009,908.00
Chrome Education License	9,362	$24.00	$224,688.00

This will be an expenditure of $2,720,906.00 from the General, Depreciation, and Special Grants Funds.

Proposal
Due to unusually high demand, Dell estimates the current lead time for the delivery of Chromebooks is approximately three months. Once received, it will take approximately four weeks for LPS to unbox, tag, configure, and distribute the Chromebooks to all elementary schools. A complete project timeline will be shared with the Board Student Learning & Technology Committee. Purchase at this time is recommended to avoid late spring delivery constraints related to an anticipated limit in the supply of the associated central processing unit (CPU).

The Board, by approving this agreement with Dell EMC 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 Chief Technology Officer, 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.

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. 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 a parcel of land, which automatically brings this property into the district of Lincoln Public Schools. This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending:

Wilderness Hills South, Annexation Ordinance #20999, for 2020-21 school year:
Adams Elementary School, Moore Middle School, and Southwest High School

Proposal
That the Board approve the proposed attendance area assignments of the newly annexed property.

Attachments: (1)

12-8 Annexation - attachment

11/30/2020 at 10:04 AM

10.2. From the Superintendent

10.2.1. West Holdrege Street Infrastructure Project #10051

Rationale:

Bids were requested from interested vendors for the construction and installation of streets and related infrastructure in West Holdrege Street between NW 48th and NW 56th Streets.

Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications:

K-2 Real Estate & Development (Lincoln, Nebraska)               $3,764,940.10

There were two other bidders:
Bauer Underground Inc., (Lincoln, Nebraska)    $4,058,634.30
MTZ Construction LLC (Lincoln, Nebraska)   $4,196,858.71

A complete tabulation is available in the Purchasing Department.

This will be a total expenditure of $3,764,940.10 from the 2020 Bond Fund and other appropriate building funds.

Proposal
The Board, by approving this agreement with K-2 Real Estate & Development, 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.

10.2.2. New South High School Plumbing Package #9877-41

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Plumbing on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 41 (Plumbing)
HEP, Inc. (Lincoln, Nebraska) $4,509,950.00

There were no other bidders.

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $4,509,950.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to HEP, Inc., the contract documents for the work on these Projects 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, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives 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 any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction 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 for the work on these projects.

11. EXPEDITED/EMERGENCY ACTIONS

12. ITEM(S) REMOVED FROM CONSENT AGENDA

13. INFORMATIONAL ITEMS/REPORTS

13.1. From Board Committees

13.1.1. Naming Committee Announcement

13.2. From The Career Academy

13.3. From the Superintendent

13.3.1. Superintendent Update

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: December 22: No Board Meeting
December 23-January 4: LPS Winter Break
January 12: Board Meeting, 6:00 pm, LPSDO

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:

Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings. This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
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. 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.
Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
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.
If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and 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
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.

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.

PROPOSAL:

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

December 8, 2020 at 6:00 PM - Board of Education Regular Meeting

"Although it can be challenging at times, I am grateful to work with the kids I do. They have taught me the value of patience and flexibility. All children have great value and are worth the time and sacrifice it sometimes takes."

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