September 13, 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. 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. Staff Celebration: Lorinda Rice, LPS Curriculum Specialist Honored with Nebraska Art Teacher Association Roscoe Shield Service Award
Rationale:
Lorinda Rice, LPS Curriculum Specialist for Visual Arts, was honored with the Nebraska Art Teachers Association Roscoe Shields Service Award. This award recognizes an individual who has exhibited dedication and commitment to art education in Nebraska through sustained leadership and service. It is the highest award the Nebraska Art Teachers Association has to offer.
The Nebraska Art Teachers Association has selected Lorinda Rice as the 2022 Roscoe Shields Service Award winner. This award recognizes an individual who has exhibited dedication and commitment to art education in Nebraska through sustained leadership and service. It is the highest award the Nebraska Art Teachers Association has to offer. As curriculum specialist for Visual Art at Lincoln Public Schools, Lorinda Rice has been instrumental in leading and emphasizing the key concepts of art education at LPS. The community partnerships she has cultivated have provided more enriching and meaningful hands-on learning opportunities for students. In addition, Lorinda is currently assisting a University of Nebraska - Lincoln team with researching inquiry-based art education and its impact on student learning. Lorinda has gained a national reputation as a renowned practitioner and presenter covering topics from student ideation and classroom management, to curriculum development and educational technology. She has also served as an officer multiple times on state and national association boards. |
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7. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. 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. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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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: a. Administrator Employees 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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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 September 13, 2022, were previously provided. Federal Tax ACH Deposit of $6,228,159.92. State Tax ACH Deposit of $1,010,328.11. Procurement Card ACH Transfer of $247,991.91. Child Support ACH Transfer of $12,313.82. Blue Cross/Blue Shield ACH Transfer of $5,931,067.07. Vision Insurance ACH Transfer of $55,873.20. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending August 15 and 31, 2022, in the amount of $17,661,933.66. 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 PreACT scoring; subscriptions; district office lettering; laptops; training; cameras; water testing and treatment; mental health and intervention services; 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 September 13, 2022. b. Payroll for the periods ending August 15 and 31, 2022.
c. Gifts for Fredstrom, Maxey, Meadow Lane, Mickle, Nuernberger, and the district.
d. Bids/contracts/other routine business for PreACT scoring; subscriptions; district office lettering; laptops; training; cameras; water testing and treatment; mental health and intervention services; items listed for auction; and any other bids/contracts/routine business as presented.
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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. 2022-23 Board of Education and Superintendent's Annual Goals and Priorities
Rationale:
Annually, the Board of Education evaluates the Superintendent and develops Annual Priorities for the Superintendent for the coming school year.
Explanation: Nebraska law and Lincoln Public Schools policy require the Board of Education to evaluate its Superintendent of Schools each year. Completed evaluations are confidential reports that are placed in and become part of the Superintendent's personnel file (Section 79-8,109). The 2022-23 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration and adoption at this meeting.
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9.2. From Board Committees
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9.2.1. 2022-23 Lincoln Public Schools Budget Adoption
Rationale:
The Board of Education will hold a public hearing on the 2022-23 budget on September 26, 2022.
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 27, 2022, as may be modified into final approval form. 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, 2022, and ending August 31, 2023, namely: $298,383,611 - 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.
$38,496,799 - 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. $5,136,236 - 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 $342,016,646, 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 30, 2022, 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 2022-23 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. 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 2022-23 fiscal year adopted budget and budget statement hereby approved.
5. The officers of the Board be directed to make and deliver to the County Clerk, not later than September 30, 2022, 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. 6. 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 2022-23 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 2022-23 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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9.2.2. 2022-23 Lincoln Public Schools Property Tax Request
Rationale:
Proper advance notice will be given and a special public hearing will be held on whether the School District should exceed its property tax request from the prior year (Attachment One).
Explanation
Pursuant to Section 77-1632 (previously 77-1601.02) and other Nebraska laws, the 2022-2023 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the proposed 2022-2023 budget which is to be formally adopted by the Board of Education. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2022-2023. Staff recommends that the resolution below be adopted so that the 2022-2023 budget may be funded as adopted. A simple majority vote is required. 2022-2023 TAX REQUEST RESOLUTION
FOR Lancaster County School District No. 0001, a/k/a Lincoln Public Schools WHEREAS, public notice will be given at least four calendar days in advance of a Special Public Hearing called by the Board of Education (hereinafter "the Board") of Lancaster County School District No. 0001, a/k/a Lincoln Public Schools (hereinafter "the District") in full compliance with all provisions of Section 77-1632 (previously 77-1601.02) and other Nebraska laws for the purpose of providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether the District’s 2022-2023 school fiscal year property Tax Requests should exceed the District’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying the District’s property Tax Requests for the 2022-2023 school fiscal year for as applicable the General Fund, Special Building Fund, the various Bond Funds, and Qualified Capital Purpose Undertaking Fund of the District; and WHEREAS, such Special Public Hearing will be held before the Board of the District at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of the District, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and, WHEREAS, Attachment One also contains District information including the amount of the property tax request, in total and separately for all District funds and Attachment Two contains estimated and actual proposed levy rates; and, WHEREAS, the Board will provide an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing and will take such into consideration as part of this action; and, WHEREAS, the total assessed value of the District property differs from last year's total assessed value for the General Fund, Special Building Fund and Qualified Capital Purpose Undertaking Fund by 4.172%, for the 2006 Bond Fund by 3.2912%, for the 2014 Bond Fund by 3.5905%, and for the 2020 Bond Fund 4.0825%, all as detailed more fully in Attachment One as attached; and, WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $1.159691 per $100 of assessed value, all as detailed more fully in Attachment One; and, WHEREAS, the District proposes to adopt a property Tax Request that will cause its tax rate to be $1.207169 per $100 of assessed value, all as detailed more fully in Attachment One; and, WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the District will increase and exceed last year's budget by 2 percent, all as detailed more fully in Attachment One; and, WHEREAS, the Board will adopt its 2022-2023 school fiscal year budget and then review the District’s Tax Requests for each of the District’s funds, and after public consideration of the matter, will determine the Final Tax Requests as listed below as are necessary in order to carry out the functions of the District, as determined by the Board in order to correctly fund the budget for the 2022-2023 school fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Lancaster County School District No. 0001 a/k/a Lincoln Public Schools that all findings, determinations and the attached Attachment One and Attachment Two as set forth above all of which are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference. BE IT FURTHER RESOLVED that the Board hereby approves and adopts the District’s 2022-2023 school fiscal year property Tax Requests, including the county’s collection fee and any delinquent tax allowances and that (1) the Tax Request for the General Fund should be, and is hereby set at $301,397,584; (2) the Tax Request for the Special Building Fund should be, and is hereby set at $0; (3) the Tax Request for the 1999 Bond Fund should be, and is hereby set at $0; (4) the Tax Request for the 2006 Bond Fund should be, and is hereby set at $12,587,125; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $7,416,834; (6) the Tax Request for the 2020 Bond Fund should be, and is hereby set at $18,881,696; and the (7) Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $5,188,117; all as totaled and detailed more fully in Attachment One as attached. BE IT further resolved that if updated valuation, budget, levy, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, its administration, and the County shall adjust the property tax request to reflect the updated information through appropriate administrative actions or pursuant to State Law Sections 77-1601 and other Nebraska laws. Proposal That the Board review and discuss the attachments, proposed resolutions, determinations, findings, and property tax request(s).
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9.2.3. Policy 3120 - Public Review of Budget
Rationale:
The proposed annual budget statement is presented and available to the public with recommended expenditures and anticipated receipts and a summary of significant changes from the previous budget. The public has an opportunity to comment on the proposed budget at a public hearing, held annually by the Lincoln Board of Education subsequent to budget publication.
Explanation
The changes to Policy 3120 ensure compliance with the Property Tax Request Act.
Proposal
That the Board discuss the revision of Policy 3120.
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9.2.4. Policy 3410 - Gifts, Grants and Bequests
Rationale:
Lincoln Public Schools is part of a very generous community and has many strong community partners. As a result, Lincoln Public Schools receives offers of many different types of gifts throughout the year. The Board encourages donations of gifts to the district, but must weigh financial, facility, and other factors before determining that it can accept the responsibility for receiving gifts. Policy 3410 outlines those factors.
Explanation
The changes to Policy 3410 clarify the timing of publicity releases and/or announcements about gifts made to the District.
Proposal
That the Board discuss the revision of Policy 3410.
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9.2.5. Policy 3500- Funds Management
Rationale:
Policy 3500 defines roles and responsibilities for management of District Funds.
Explanation
Revisions to Policy 3500 clarify actions regarding claims against the District and ensure compliance with the Prompt Pay Act.
Proposal
That the Board discuss the revision of Policy 3500.
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9.2.6. Policy 3530 - Uncollected or Uncollectible Accounts
Rationale:
Policy 3530 defines how uncollected and uncollectible accounts will be handled.
Explanation
Revisions to Policy 3530 clarify reporting of uncollected and uncollectible accounts to the Board. Proposal
That the Board discuss the revision of Policy 3530.
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9.2.7. Policy 3610 - Purchasing
Rationale:
The Associate Superintendent for Business Affairs is authorized to sign contracts and agreements for the school district. All contracts and agreements are vetted to ensure that the appropriate administrator has approved the activity and budget authority is available for any cost.
Explanation
Revisions to Policy 3610 are recommended for practices consistent with school district purchasing standards. Recommended revisions would increase the minimum amount at which recommended purchases or contracts will be presented to the Board for approval to $40,000, except as otherwise provided by policy or specific Board actions. Further, it is recommended that the position of Director of Purchasing or designee’s authority to sign contracts under a certain amount be increased to $10,000. Increasing the threshold for approval in the Purchasing Department would allow work flow to be processed more effectively and ensure appropriate staff verify the activity.
Proposal
That the Board discuss the revision of Policy 3610 and related Regulation 3610.2.
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9.2.8. Policy 3960 - Facilities - Bids & Contracts
Rationale:
All contracts for work related to building construction, remodeling, or repair or site improvement will be bid in accordance with the regular manner established by the Lincoln Board of Education and state statutes. All other such contracts will be handled under current District policies and regulations.
Explanation
Revisions in Policy 3960 are proposed to comply with the Nebraska Department of Education statutory amount.
Proposal
That the Board discuss the revision of Policy 3960.
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9.2.9. Policy 8250 - Reimbursement and Miscellaneous Expenditures
Rationale:
It is important and in the best interest of this District to recognize service by Board members, employees, and volunteers.
Explanation
Revisions in Policy 8250 are proposed to clarify the parameters for granting plaques, certificates, or other items of value. Proposal
That the Board discuss the revision of Policy 8250.
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9.2.10. 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: Lacy Addition CUP, Annexation Ordinance #21322, for the 2022-23 school year: Pyrtle Elementary School, Lux Middle School, East High School. Proposal That the Board discuss the proposed attendance area assignments of the newly annexed property.
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9.3. From the Superintendent
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9.3.1. Policy 6700 Instructional Program - Authorization of Student Activities
Rationale:
BACKGROUND:
Lincoln Public Schools reviews policies on an ongoing basis and updates policies to ensure that they accurately reflect the ever-changing work of the district and changes in state law and federal law.
EXPLANATION: The budget proposed for 2022-2023 includes the addition of funding for Boys and Girls Bowling and Girls wrestling to the list of authorized student activities. Boys and Girls Bowling and Girls Wrestling have recently been sanctioned by the Nebraska State Activities Association.
The revision of Policy 6700 recognizes the intent of those funds by adding bowling to the list. No revision is recommended to the description of wrestling. The current description of wrestling allows for the addition of Girls Wrestling.
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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 6443 - Parental and Family Engagement
Rationale:
According to Neb. Rev. Stat. § 79-533, the board must hold a public hearing on its parental involvement and engagement policy. After the hearing, the Board must either alter and adopt the revised policy or reaffirm it as written.
Explanation: The Student Learning and Technology Committee reviewed Policy 6443 and recommends the current policy be reaffirmed. Proposal: That the Board approve reaffirming Policy 6443.
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10.1.2. Policy 6450 - Controversial Issues Policy
Rationale:
At the request of a stakeholder, Policy 6450 was reviewed by staff and proposed modifications were presented to the Student Learning and Technology Committee.
Explanation: The Student Learning and Technology Committee recommends Policy 6450 be edited from "teachers should" to "teachers will notify parents in advance when controversial issues are to be a part of the curriculum." Proposal: That the Board approve proposed revisions to Policy 6450.
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10.1.3. 2022-2023 Legislative Guidelines
Rationale:
BACKGROUND:
Each year, various federal, state and local governmental bodies will consider legislative and administrative actions that will have an impact on Lincoln Public Schools.
EXPLANATION:In order to communicate the positions of the Board of Education, the Board approves Legislative Guidelines that provide guidance to district staff and representatives communicating with governmental bodies. 2022-2023 Legislative Guidelines match the 2021-2022 Legislative Guidelines.
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10.1.4. 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 #21300, for 2022-23 school year: Wysong Elementary School, Moore Middle School, and East High School. Proposal
That the Board approve the proposed attendance area assignments of the newly annexed property.
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10.2. From the Superintendent
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10.2.1. The Career Academy First Amended and Restated Interlocal Agreement #10655
Rationale:
On or about October 17, 2013, the Lincoln Public Schools (LPS) Board of Education approved an Interlocal Agreement (Agreement) by and between LPS and the Southeast Community College Area (SCC) creating a joint career academy known as "The Career Academy" (TCA). The LPS Board also approved a first amendment to the Agreement on or about August 20, 2015 (Amendment). The parties desire to make additional modifications and amendments to the Agreement, to conform terms and conditions to the actual practice and procedures used by the parties in managing and operating the TCA. To simplify and clarify the full agreement, the parties have prepared a First Amended and Restated Interlocal Agreement (Restated Agreement), which incorporates the original Agreement terms, the terms of the Amendment, along with the new recommended modifications. It is recommended that the LPS Board of Education approve the Restated Agreement, copies of which are provided.
Explanation By approving this agenda item, the LPS Board of Education approves the Restated Agreement. Proposal That the Board discuss, consider, approve, and adopt the following proposed resolution regarding the Restated Agreement. BE IT RESOLVED that the Lincoln Public Schools Board of Education hereby approves and adopts the Restated Agreement with SCC in the form as presented or with such changes or modifications as may be finally negotiated and approved by the LPS Associate Superintendent for Business Affairs or a designee. BE IT FURTHER RESOLVED that the Lincoln Public Schools Board of Education is hereby delegating to, authorizing, and directing the LPS the Associate Superintendent for Business Affairs, or a designee, to negotiate final document wording and then to sign, execute, and deliver the Restated Agreement or such other documents, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to accomplish this motion and carry the Restated Agreement, as contemplated hereby, into effect for and on behalf of this school district.
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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 Special Appointments
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
September 14: GNSA Fall Membership Meeting, NCSA, 9:30 a.m.
September 26: Budget & Property Tax Public Hearing, Boardroom, 6:00 p.m. September 27: Board & ESU Meeting, Boardroom, 6:00 p.m. |
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15. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. 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. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. 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. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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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.
Explanation |
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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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