ESU Coordinating Council
February 05, 2015 8:30 AM
Regular Meeting
1. ESU Coordinating Council Information
Rationale

Nebraska Council of School Administrators
455 S 11th Street, Ste A
Lincoln, NE  68508

with DL Locations: ESU No.1, 10

2. Call to Order
Rationale

Notice to visitors:  To be heard at this meeting, the "Request to be Heard" form, must be completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will call upon visitors wishing to address the Board in the order they were submitted or by subject.

Pursuant to Section 84-1411 of the Nebraska Statutes, notice of this meeting was given by advertisement in the ESUCC website, NE Public Meeting site, and host site on January 22, 2015.

Open Meetings Law
: Pursuant to Section 84 - 1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in this meeting room. 

3. Roll Call
Discussion

Call to order at 8:30.

Staff: David Ludwig, Scott Isaacson, Deb Hericks

Guests: Karen Haase, Freida Lange, Jolene Palmer

4. Approval of Minutes
Attachments
Recommended Motion

Motion to approve the minutes as presented

Actions Taken

Motion Passed:  Motion to approve the minutes as presented passed with a motion by Polk ESU 07 and a second by Lofquist ESU 09.

5. Petitions and Communications to the Board
5.A. State Board of Education and Nebraska Department of Education Report
Nebraska Department of Education
5.A.I. Jolene Palmer - Suicide Prevention
Jolene Palmer
Attachments
Discussion

Jolene Palmer from NDE was present to discuss Suicide Awareness/Prevention five year plan. Bu law, there is a required audience but NDE will target everyone who has contact with students in buildings. Everyone should be equipped with knowledge to recognize behaviors that could lead to prevention. The training will be evidence based and taken online so that everyone has equal access across the state. NDE will be creating Safety Standards to align with statewide goals.

5.A.II. Freida Lange - AQuESTT, Rule 10, Waiver, CPR
Freida Lange
Discussion

Freida Lange from NDE was present to discuss AQuESTT (accountability system) - how do we classify schools? There will be levels of classification, to be voted on at March NDE meeting.

Adoption of Rule 10 hearing by end of February. At public hearings, no testimony against changes.

A "draft" of waiver will be going to the NDE Board this month. This waiver will provide a blueprint for NE to identify the type of schools we want in NE.

CPR to be part of high school curriculum, if included as part of curriculum this would meet requirement. ie: part of Health, etc. Will not be a requirement of every student.

5.B. Association of Education Service Agency's Report
AESA Representative - Jeff West
Discussion

No report given.

6. Executive Reports
6.A. Executive Committee Report
6.A.I. Agenda Item
Chair of Committee
6.A.I.a. Letter of Engagement (Attorney)
President - Jeff West
Rationale

Karen: $300/hr. (H&S: $300)
Steve: $275/hr. (H&S: $265)
Bobby: $200/hr. (H&S: $195)
Shari (paralegal): $150/hr. (H&S: $145)

Attachments
Discussion

Discussion was held regarding the Letter of Engagement with KSB School Law. The Board approved the signing of the agreement.

6.A.I.b. Executive Director Evaluation
President - Jeff West
Discussion

Evaluation will go back to the Executive Committee in March for final approval.

6.A.I.c. Lobbyist
Jeff West - President
Discussion

Discussion was held regarding the possibility of the ESUCC hiring a lobbyist to help the Executive Director meet and evaluate our needs. Begin discussion in Executive Committee on hiring lobbyist. Need someone with strong skills and expertise on lobbying efforts. Budget/funding to play a role in the decision.

6.A.I.d. ESUCC/PDO Calendars 2015-2017
President - Jeff West
Rationale

ESUCC/PDO Calendar 2015-2107

Discussion

Please review two year calendar (combined ESUCC/PDO). Executive Committee will be brought forth in March for approval. Have draft available each January to go through affiliates, ESUCC, and final approval in March of each year continuing with two year calendar cycle.

6.A.I.e. Master Service Agreement
President - Jeff West
Attachments
Discussion

Discussion was held regarding the "draft" Master Service Agreement (MSA). There has been a change in the format of the MSA, each section has own page. Legal reviewed the agreement and concerns from ESU 13 regarding indemnification portion of agreement. Legal has drafted an alternative indemnification to be reviewed by each Board.

6.A.I.f. ESU Services
Jeff West - President
Attachments
6.A.I.f.*. Services Survey
Larianne Polk
6.A.I.g. ESEA Reauthorization
Dave Ludwig
Attachments
Discussion

Executive Director reviewed the policy partner letter that is being drafted by NDE Commissioner. Board approved ESUCC being a policy partner with NDE.

6.B. Executive Director Report
Attachments
Discussion

Executive Director reviewed the Nebraska Statewide School Community (Internal Educators - NDE, ESUs, etc; External Educators - Legislators, Higher Ed, NASB, etc; Non-Profit Business Partners - Omaha Chamber). Inter-agencies could be a possibly forth component.

Executive Director and team to meet with MindShine on software development possibilities.

7. Public Comment
ESUCC President - Jeff West
Rationale

To be heard at this meeting, the "Request to be Heard" form has been completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will now call upon visitors requesting to address the Board in the order they were submitted or by subject.

Discussion

There is no public comments at this time.

8. Recommendations from Standing Committees and Project Reports
Rationale

NOTE: At this time, reports from the chairs of the ESUCC Committees are presented. The Reports summarize recommendations from the Committee and also include items of information presented for the purpose of keeping the Board of the Educational Service Unit Coordinating Council informed.

Committee chairs will make recommendations to the full Board to approve items considered during the Standing Committee meetings held beginning at 10:00 a.m., March 4.  Generally, in-depth discussion of action items takes place at Committee meetings, which are open to the public.

8.A. Finance, Audit, Budget Committee
8.A.I. Approve Claims, Financials Statements, and Assets for Month of December
Chair of Committee
Rationale

 

Attachments
Recommended Motion

Recommend approval of Approve Claims, Financials Statements, and Assets for Month of December

Actions Taken

Motion Passed:  Recommend approval of Approve Claims, Financials Statements, and Assets for Month of December passed with a motion by Schnoes ESU 03 and a second by Lofquist ESU 09.

Discussion

Committee Chair reviewed budget reports for December 2104.

8.A.II. Approval of February Expenses
Committee Chair - Dennis Radford
Attachments
Recommended Motion

Recommend motion to approve January expenses

Actions Taken

Motion Passed:  Recommend motion to approve February expenses passed with a motion by Radford ESU 17 and a second by Gegg ESU 05.

8.A.III. Master Service Agreement
Chair of Committee, Dennis Radford
Attachments
8.B. Technology Committee
8.B.I. ESUCC Technology Plan
Uhing/Ludwig
Attachments
Discussion

Executive Director reviewed the Technology Plan. This is a working document to be updated as we move forward. There will be a Committee to meet to discuss/plan the Statewide Technology Project. An update was given to each affiliate at their meetings in January.

8.B.I.a. IllniCloud Presentation
Scott Issacson/Mike Danahy
Discussion

The IllniCloud will present a demonstration at the March meeting.

8.B.I.b. One Page Talking Point Document
Scott Issacson
Attachments
Discussion

The committee has developed a one page talking point documents to be used at meetings as discussion points. Demonstration was given on what a description of what the cloud learning environment would look like.

8.B.I.c. Vendor Management Update
Scott Issacson
Discussion

Dean Folkers (NDE) and Scott Isaacson (ESUCC) attended a vendor conference in January. We are establishing a protocol to be used when using vendors.

8.B.I.c.*. LOR
Committee Chair - Bob Uhing
Attachments
Discussion

Purpose, contractual terms, services, etc will be used to determine protocol for negotiations with vendors.

8.B.I.c.*. LMS
Committee Chair - Bob Uhing
Attachments
Discussion

Created a template/protocol to be used in LMS planning for statewide benefits. Will put out an RFP with this format in March to make the decision for statewide services. There will be a menu of choices instead of one system.

8.B.I.d. LMS Committee Recommendation and Revenue
8.B.I.e. Recommended purchase of RAM for donated servers
Scott Isaacson
Rationale

To prepare the servers for implementation in the test cloud environment, additional RAM is needed.  The infrastructure team recommends this purchase, as part of statewide infrastructure in alignment with the statewide educational technology plan.  3 price quotes are attached.  Because pricing and availability of RAM modules fluctuates daily, and modules vary in their compatibility even if they meet specifications, the motion allows testing a sample of RAM and purchasing at the best available price.

Attachments
Recommended Motion

Authorize technical staff to test and purchase 272 server RAM modules at best available pricing, not to exceed $10,000.

Actions Taken

Motion Passed:  Authorize technical staff to test and purchase 272 server RAM modules at best available pricing, not to exceed $10,000. passed with a motion by Uhing ESU 01 and a second by DeTurk ESU 02 .

Discussion

Quotes have been received for RAM to be purchased for the donated servers from IlliniCloud. Prices of RAM fluctuates daily so it reflects that there could be a change in pricing.

8.B.I.f. Recommended purchase of LastPass for admin password management
Scott Isaacson
Rationale

The infrastructure team recommends purchase of 10 licenses of LastPass Enterprise to use in securing and sharing access to administrative passwords for the cloud learning environment.  The cost for this will be $24 per license or $240 total.

Discussion

The infrastructure team recommends purchase of 10 licenses of LastPass Enterprise to use in securing and sharing access to administrative passwords for the cloud learning environment. The cost for this will be $24 per license or $240 total.

8.B.I.g. Disaster Recovery/Business Continuity Planning
Scott Isaacson
Discussion

Important part of the Technology Plan to include disaster recovery possibility to scale statewide.

8.B.II. Master Service Agreement
ESUCC Executive Director David Ludwig
Attachments
8.B.II.a. PDO IMAT Budget Requests
Committee Chair - Bob Uhing
Attachments
8.B.II.b. NOC Budget Requests
Committee Chair - Bob Uhing
Attachments
8.B.II.c. BlendEd Budget Requests
Committee Chair - Bob Uhing
Rationale

BlendEd Budget

8.B.II.d. TAG Budget Requests
Chair of Committee - Bob Uhing
Rationale

3D Printing
Google Certification/re-certification
Internet Safety
Affiliate Meetings

8.B.III. Safari Contract Update
David Ludwig/Scott Isaacson
Attachments
8.B.IV. Network Nebraska request
Committee Chair - Bob Uhing
8.C. Cooperative Purchasing Project
8.C.I. AEPA
Committee Chair - Paul Tedesco
Rationale

We have a number of AEPA extension we didn't receive on time for last month's meeting.  Interim Director Craig Peterson has contacted the remaining vendors that Nebraska Coop is missing and only received the School Specialty contract and the following contract extensions are ones we are still waiting on.

  • Quill (Office Supplies; Instructional & School Supplies; Custodial Supplies and Rest Room, Break Room & Safety Supplies; Kitchen Supplies)
  • Independent Stationers (Office Supplies)

 There may be a WTI/Tremco Roofing project next year with Palmyra-Bennett Schools that would be around $270,000.

8.C.I.a. Recommend Approval of School Specialty Contract
Rationale

Nebraska Coop has received the attached AEPA School Specialty contract IFB #015-B for Instructional and School Supplies.  This bid was awarded to School Specialty at the AEPA December winter meeting in San Diego.

Attachments
Recommended Motion

To have ESUCC Executive Director sign contract for new AEPA approved vendor School Specialty (AEPA IFB #015-B Instructional and School Supplies), upon favorable review by ESUCC attorney.

Actions Taken

Motion Passed:  To have ESUCC Executive Director sign contract for new AEPA approved vendor School Specialty (AEPA IFB #015-B Instructional and School Supplies), upon favorable review by ESUCC attorney. passed with a motion by Calvert ESU 15 and a second by Schnoes ESU 03.

8.C.I.b. Recommend Approval Nilfisk-Advance Contract
Craig Peterson
Rationale

Nebraska Coop has received the attached AEPA NilFisk Advance contract IFB #015-B for Custodial Equipment.  This bid was awarded to Nilfisk Advance at the AEPA December winter meeting in San Diego.

Attachments
Recommended Motion

To have ESUCC Executive Director sign contract for new AEPA approved vendor NilFisk Advance (AEPA IFB #015-B Custodial Equipment), upon favorable review by ESUCC attorney.

Actions Taken

Motion Passed:  To have ESUCC Executive Director sign contract for new AEPA approved vendor NilFisk Advance (AEPA IFB #015-B Custodial Equipment), upon favorable review by ESUCC attorney. passed with a motion by Calvert ESU 15 and a second by Schnoes ESU 03.

8.C.I.c. Fourth Quarter Sales
Rationale

Brenda has been collecting the sales from AEPA vendors for our fourth Quarter report.  Currently we do not have all vendors reported.

4th Quarter AEPA sales = $1,005,972.42 compared to $1,026,356.02 last year.

4th Quarter Special buys sales = $175,545.33

Admin fees earned in 4th Quarter = $24301.29.

Attachments
8.C.II. Future Efforts
Committee Chair - Paul Tedesco
8.C.II.a. Timeline for ESM
Rationale

Coop Timeline/Exit Tasks

8.C.II.b. Recommend approval of Interlocal Agreements
Rationale

Interim Director Peterson has been in contact with two AEPA vendors this last month who were asking about serving other entities for projects that they are looking at submitting proposals for.

Techline Sports Lighting is working with the City of Waverly on a possible baseball/softball field complex.  The project total for Techline Sports would be $450,000.  Peterson spoke with the City Manager of Waverly Doug Rick's about the project and there was definitely some interest in being able to participate in some of the contracts that Nebraska ESUCC Cooperative Purchasing has available.  Peterson also explained to Mr. Rick's that this would be a new process for NECoop and that an Interlocal would need to be in place before we could serve them.  Mr. Rick's also recommended contacting the League of Municipalities in Lincoln about the services we could provide to their members.  Techline Sports Lighting is an Austin Texas based company that recently opened an office in Wichita Kansas to better serve the Midwest states.  They are the number two sports lighting company in the nation and provide a 30 year warranty on their product/installations and utilize Hubbell fixtures.

Kent Marschman from WTI/Tremco contacted Interim Director Peterson about a roofing project they are working with the Metropolitan Utilities District in Omaha on.  Again Mr. Marshman was asking if we could serve this entity through the AEPA contract that we hold.  The project total for WTI/Tremco for this roofing project would be approximately $350,000 an by participating through the AEPA contract said they would save a substantial amount.  

I explained to both companies that we would first have to have ESUCC Board approval to begin the process and then develop an Interlocal agreement.  After speaking with ESUCC Executive Director Dave Ludwig Mr. Peterson contacted KSB School Law to develop a Draft Interlocal agreement to include Resolutions that these entities would need to pass.

We have a number of Colleges that currently order through the Annual/Paper buys that we do not have Interlocal Agreements with and probably should have.
Western Nebraska Community College
Wayne State
Concordia College

 

Attachments
Recommended Motion

Accept or deny Interlocal agreement.

Discussion

Recommend Interim Director to move forward with inter local template.

8.C.II.c. Recommend Approval of Inter Government Agreement
Craig Peterson
Rationale

In communications with Follett a possible new buy has been identified.  The Kansas Greenbush Education Service Center has a signed contract with Follett that Nebraska ESUCC Coop could take advantage of by creating an Inter-Government Agreement.  In talking with Steve Williams I asked him to provide me with what actual bid requirements ESU's and Schools must follow.

"The only thing schools are required to bid are construction projects over $40,000.  That requirement comes from section 73-106.  However, if schools, ESUs, or the ESUCC do solicit bids, they all must follow section 73-101 through 73-107.  In addition, ESUs must comply with section 79-1223 when it solicits bids."

I have also placed a call and sent an email to the the Director of the Kansas Greenbush Education Service Center Cooperative Purchasing department to begin the discussions of a possible agreement or Inter-Government Agreement.  I have spoke with ESUCC Attorney Steve Williams and it appears this would be possible if both Nebraska and Kansas requirements by law are met.


Recommended Motion

Have Interim Director Peterson pursue or not pursue an Intergovernmental Agreement with Kansas for services with Follet.

Discussion

Recommend Interim Director to move forward with inter local template.

8.C.III. Coop Project Director Update
ESUCC Executive Director David Ludwig
Discussion

The interview committee will interview three people on Monday for the Coop Director position.

8.D. PD Leadership Committee
Discussion

The January PDO workshop with Marcia Kish was successful. Possibility of bringing her back to do some extended work with the state.

8.D.I. Master Service Agreement
Committee Chair - Kraig Lofquist
Attachments
8.D.I.a. 2014-2015 PDO Budget Requests
Committee Chair - Kraig Lofquist
Rationale

PDO Budget 2015-2016

8.D.I.a.*. NOC Budget Requests
Committee Chair - Kraig Lofquist
Attachments
8.D.I.a.*. SDA Requests
Committee Chair - Kraig Lofquist
Attachments
8.D.I.a.*.-. Crisis Training
Committee Chair - Kraig Loquist
Attachments
8.D.I.a.*. ESPD Budget Requests
Rationale

IEP Facilitation Training

Requesting IEP Facilitation Training:  New participants - $12,500, Refresher Course $1500 - providing grant from NDE is granted.  This training to be held June 2015.

They would also like to keep their "one hour" meeting with KSB School Law for each of their three meetings a year. 

8.D.I.a.*. TAG Budget Requests
Rationale

3D Printing
Google Certification/re-certification
Internet Safety
Affiliate Meetings

8.D.I.a.*. IMAT Budget Requests
Attachments
8.D.I.a.*. BlendEd Budget Requests
Committee Chair - Kraig Loquist
Rationale

BlendEd Budget requests

8.E. Special Education Committee
Attachments
8.E.I. Medicaid (Steve Milliken)
Committee Chair - Marge Beatty
Rationale

Earlier this year Dennis Pool and I discussed Medicaid in regard to a statewide service and statewide funding.  Based upon this conversation, this has been listed as one of ten ESUCC Budget Goals.

Prior to the Christmas break, Steve Milliken and I began discussing Medicaid in regard to statewide services and increased funding for school districts, ESU's and ESUCC.  What this would or will be is unknown at this time as dialogue with the DHHS is essential.  A meeting was scheduled January 14, 2015 with Brian Halstead, Steve Milliken and I to discuss this possibility.  Steve and I will attend a meeting with the DHHS January 26, 2015 with the intention of being at the table for a possible partnership.

As per Brian Halstead, statute provides for a partnership between the DHHS and NDE.  With that said, our involvement could be structured as a contracted service provider through NDE; whereby, revision in state statute may not be required.  Again, this is all preliminary but worth pursing. 

NASB is involved in the MAPS portion of Medicaid; whereby, the partnership in question is specific to the MIPS portion of Medicaid.  Steve Milliken did indicate that our funding through this project as it stands now is around $3,000,000 per year which was similar to the state of Virginia.  After implementation of their statewide effort through coordination and increased staff, the total revenue for the state of Virginia increased from $3,000,000 to roughly $17,000,000 per year.  Again, Steve and I will need to have continued conversations with needed stakeholders to determine the possible direction for this project.

Recommended Motion

Recommend the Executive Director to pursue the partnership with NDE and DHHS regarding the statewide Medicaid services and funding

Discussion

Executive Director continues to work with Steve Milliken, NDE on Medicaid resolution. Executive Director to continue to work with NDE and DHHS.

8.E.II. Rule 11
Committee Chair - Beatty
8.E.III. Master Service Agreement
Committee Chair - Marge Beatty
Attachments
Recommended Motion

Recommend to approve changes to Master Service Agreement

8.E.III.a. ILCD Fees ($5000)
Committee Chair - Marge Beatty
8.E.III.b. SRS Tier Structure
Committee Chair - Marge Beatty
Rationale

Tier (Total Enrollment) 2014-15 2015-16
3 (<100)  $124 $130
4 (100-249)  $322 $338
5 (250-499)  $642 $674
6 (500-999)  $1,926 $2,022
7 (1000-1999)  $2,569 $2,697
8 (2000-3999)  $3,211 $3,371
9 (4000-17999)  $6,420 $6,741
 
Estimated Income from Fees = $308,365

8.E.III.c. ESPD Affiliate Budget Requests
Committee Chair - Marge Beatty
Rationale

IEP Training Requests

Requesting IEP Facilitation Training:  New participants - $12,500, Refresher Course $1500 - providing grant from NDE is granted.   This training to be held in June 2015.

They would also like to keep their "one hour" meeting with KSB School Law for each of their three meetings a year. 

Recommended Motion

Recommend approval of ESPD Budget requests

8.F. Legislative Committee
8.F.I. Network NE Membership (Non-Profit Agencies)
Committee Chair - Liz Standish
8.F.II. LB 343 (Programs of Excellence)
Committee Chair - Liz Standish
Rationale

LB 343

Attachments
Discussion

Executive Director gave an update on the Programs of Excellence (LB 343)

8.F.III. LB 402 (DL)
Executive Director - David M Ludwig
Attachments
Discussion

Executive Director gave an update on LB 402 on future of DL. Hearing to be held March 2, 2015. Important to have Superintendents testify on importance of DL in their schools.

8.F.IV. LB 478 (ESU Facility Funding)
Executive Director - David M Ludwig
Attachments
Discussion

Executive Director discussed LB 478 (ESU Facility Funding). Recommend Administrators to attend hearing (February 17 at 1:30) on facilities. Concerns regarding cash reserves being different across ESUs. We have no way to generate facilitates funds except through cash reserves. Cash reserves are also used to cover NDE/Federal grants (cash flow). Focus talking points on capital improvements and additions to facilities.

9. New and Miscellaneous Business
10. Unfinished Business
10.A. Bylaws & Policy Review
ESUCC President - Jeff West
10.B. Strategic Planning Process
Rationale

Strategic Planning/NDE Collaboration Day is April 7 at 10:00.
Draft Schedule

11. Public Comment: Recognition of Visitors
ESUCC President - Jeff West
Rationale

To be heard at this meeting, the "Request to be Heard" form has been completed and submitted to the Secretary to the Executive Director of ESUCC.  The President of the Board of ESUCC will now call upon visitors requesting to address the Board in the order they were submitted or by subject.

Discussion

There was no public comments at this time.

12. Executive Session
Rationale

The ESU Coordinating Council is authorized by state statute to enter into executive session. Executive session 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.

Recommended Motion

Motion to enter into Executive Session

13. Adjournment
Recommended Motion

Motion to adjourn meeting

Actions Taken

Motion Passed:  Motion to adjourn meeting at 11:57 PM passed with a motion by Beatty ESU 16 and a second by Polk ESU 07.