April 26, 2022 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. PUBLIC HEARING ON STUDENT FEES POLICY 5520
Rationale:
The next item on our agenda this evening is the annual Public Hearing on the Lincoln Public Schools Student Fees Policy 5520. Before we begin the hearing, I would like to note that staff has recommended changes to only Appendix "1" of the current policy and all of those proposed changes are set forth as an attachment at agenda item 10.2.2 for this meeting for anyone who wishes to review or comment on them.
I would first ask staff to give a brief report on the amount of money collected and use of waivers for the prior year. For those interested in speaking during this public hearing, the same guidelines apply as to public comment. Speakers should complete the blue contact card and present it to a staff prior to speaking. Speakers have a maximum of five minutes to speak. The Board does not engage in conversation with the speakers, but listens carefully to the comments as part of its collection of information for consideration of agenda items. With that, I hereby open this public hearing before the Board of Education of Lincoln Public Schools. This hearing is being conducted under the provisions of the Nebraska Public Elementary and Secondary Student Fee Authorization Act and other Nebraska laws. The purpose of this hearing is to receive input regarding proposed Policy 5520 and Appendix "1". The input received in this hearing will be taken into consideration by the Board when we take action on proposed Policy 5520 and Appendix "1". Would the first person wishing to speak please come forward now? |
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6. 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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7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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7.1. LPS District Scholar Equity Cadre Presentation
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8. 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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9. CONSENT AGENDA
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9.1. 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: 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. |
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9.2. 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 April 26, 2022, were previously provided. Federal Tax ACH Deposit of $80,009.49. Procurement Card ACH Transfer of $148,877.75. Child Support ACH Transfer of $156.50. Term Life/Disability ACH Transfer of $166,151.47. Retirement ACH Transfer of $5,379,165.34. Vendor ACH Transfer of $6,370.51. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending April 6 & 15, 2022, in the amount of $279,566.39. 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 a wall system; broadcasting equipment; machine vertical mills; classroom materials; curriculum; golf course use; 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 April 26, 2022. b. Payroll for the periods ending April 6 & 15, 2022.
c. Gifts for Clinton, Fredstrom, Goodrich, Graduation Pathways, Huntington, Irving, Lefler, Lincoln High, Maxey, McPhee, Meadow Lane, Northeast, Southeast, The Career Academy, West Lincoln, and the district.
d. Bids/contracts/other routine business for the purchase of a wall system; broadcasting equipment; machine vertical mills; classroom materials; curriculum; golf course use; items listed for auction; and any other bids/contracts/routine business as presented.
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9.3. Option Enrollment Student Application for 2022-23
Rationale:
On January 25, 2022, the Board adopted a resolution to accept option enrollment students for the 2022-23 school year. An application for enrollment during the 2022-23 school year has been received and is in compliance with the Board resolution of January 25, 2022.
Explanation The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of January 25, 2022. Staff recommends approval of the application. Proposal That the Board adopts the following resolution: WHEREAS, the students who have been assigned student numbers 449090 and 449138 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 25, 2022, 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.
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9.4. Late Requests for Enrollment Option Out 2022-23
Rationale:
March 15, 2022, was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2022-23 school year. The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05). Explanation Student Number Option District |
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10. 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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10.1. Evaluation with the Superintendent of Schools
Rationale:
Annually, the Board of Education evaluates the Superintendent of Schools. The 2021-22 evaluation of Steve Joel, Superintendent, is in the process of being completed and will be recommended for approval to be placed in his personnel file. A copy of a public summary of the Superintendent’s evaluation is attached.
Explanation: It is recommended that the Board of Education consider and discuss the evaluation summary as attached.
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10.2. From Board Committees
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10.2.1. 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: Grandview Estates 2nd Addition., Annexation Ordinance #21241, for 2021-22 school year: Wysong Elementary School, Moore Middle School, East High School Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed property.
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10.2.2. Policy 5520 - Students - Student Fees
Rationale:
The Board of Education of Lincoln Public Schools annually reviews and approves Policy 5520 to ensure that its policy is in accordance with the Public Elementary and Secondary Student Fees Authorization Act.
The district’s general policy is to provide for the free instruction in school in accordance with the Nebraska Constitution and state and federal law. This generally means that the district’s policy is to provide free instruction for courses that are required by state law or regulation and to provide the staff, facility, equipment, and materials necessary for such instruction without charge or fee to the students. The district does provide activities, programs, and services to children that extend beyond the minimum level of constitutionally required free instruction. Students and their parents have historically contributed to the district’s efforts to provide such activities, programs, and services. The district’s general policy is to continue to encourage and to the extent permitted by law, to require such student and parent contributions to enhance the educational program provided by the district. Explanation Revisions to Policy 5520 reflect changes to fees and the fee waiver eligibility to address changes in cost while remaining in compliance with all applicable laws. Proposal That the Board discuss revisions to Policy 5520 and Appendix 1.
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10.3. From the Superintendent
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10.3.1. Tuition Charges for 2022-23
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 2022-23 school year for the programs noted. The rates are intended to recover the district’s anticipated actual costs for the 2022-23 school year.
2022-23 Rates
Per Year Per Semester Per Day Grades K-6 $10,650.00 $5,325.00 $60.51 Grades 7-8 $12,750.00 $6,375.00 $70.83 Grades 9-12 $14,900.00 $7,450.00 $82.78 Based on 176 days elementary and 180 days secondary.
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 discuss the proposed tuition rates. |
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11. SECOND READING, RECOMMENDED FOR ACTION
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11.1. From Board Committees
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11.1.1. 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: S. 40th St. & Rokeby Rd., Annexation Ordinance #21216, for 2021-22 school year: Humann Elementary School, Moore Middle School, Southeast High School Proposal
That the Board approve the proposed attendance area assignments of the newly annexed property.
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11.2. From the Superintendent
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11.2.1. Shelf-Stable Foods #10507, Refrigerated & Frozen Foods #10508
Rationale:
Bids were requested from interested vendors to provide shelf-stable foods, refrigerated, and frozen food products for use by Nutrition Services for all locations. The contract prices are for the period of July 1, 2022, through June 30, 2023. There are 2 optional one-year renewal periods.
Explanation
It is recommended that award be made to the lowest responsible vendors meeting specifications, based on estimated expenditures: Arlington Valley Farms (Cleveland Heights, Ohio) $12,816.00 Bernard Food Industries, Inc. (Evanston, Illinois) 24,870.60 Butterball (Garner, North Carolina) 40,800.00 Cash-Wa Distributing (Kearney, Nebraska) 782,545.06 International Food Solutions Inc. (Oviedo, Florida) 221,130.00 Kellogg’s Specialty Channels (Elmhurst, Illinois) 78,016.25 Mrs. Clark’s Foods (Ankeny, Iowa) 127,121.50 Nardone Brothers Baking Company (Hanover, Pennsylvania) 270,300.00 National Food Group (Novi, Michigan) 19,987.50 Performance Foodservice (Omaha, Nebraska) 2,296,451.68 Peterson Farms Fresh, LLC (Shelby, Michigan) 80,760.00 Ripple Foods, PBC (Berkeley, California) 7,020.00 Schreiber Foods, Intl. (Upper Saddle River, New Jersey) 71,335.60 Sysco Lincoln (Lincoln, Nebraska) 598,749.73 Tecumseh Poultry (Waverly, Nebraska) 44,800.00 Tyson Prepared Foods Inc (Springdale, Arkansas) 815,844.70 Total $5,492,548.62 (estimated annual) There were 410 items on the bid. Proposals and contracts are available in the Purchasing Department. This will be an estimated annual expenditure of $5,492,548.62 from the Nutrition Services Fund. Proposal That the Board approve this award to the above listed vendors. The Board, by approving these purchases with the above vendors, hereby designates the Director of Nutrition Services or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under these purchase orders. |
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11.2.2. Title VI, Indian Education Program
Rationale:
The U.S. Department of Education through Title VI of the Every Student Succeeds Act (ESSA) provides funds to fulfill the federal government’s 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.
Lincoln Public Schools has received federal funds for services for Native American students since the mid-1980’s. The following table reflects an annual student count and the grant award amount received in recent years. Grant award amounts vary by year according to the total amount of Indian Education funds available at the federal level and are not based only on the number of students per program.
Explanation Lincoln Public Schools Indian Education program will provide support to Native American students in grades PK-12 in the 2022-23 school year. Native American students are enrolled in all schools across the district representing about 60 tribes as designated by the parent. Estimated funding from Title VI for 2022-23 is $197,942, based on the current award. Decisions regarding the use of these funds are made in consultation with the Native American Advisory Committee. Proposal That the Board approve the submission of the required application of the Indian Education grant to the U.S. Department of Education for $197,942. No district-funding match is required. This grant application is due May 13, 2022. |
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12. EXPEDITED/EMERGENCY ACTIONS
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13. ITEM(S) REMOVED FROM CONSENT AGENDA
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14. INFORMATIONAL ITEMS/REPORTS
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14.1. From Board Committees
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14.2. From The Career Academy
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14.3. From the Superintendent
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14.3.1. Superintendent Update
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14.3.2. 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 March 31, 2022, is attached. Proposal Information item; no Board action required.
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15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
April 28: No Elementary School
April 29: No School All Levels May 4: Chamber Coffee, 8:00 am, Chamber Office May 10: Board Meeting, 6:00 pm, LPSDO |
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16. 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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17. 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 |
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17.1. 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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18. ADJOURNMENT
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