May 9, 2023 at 6:00 PM - Board of Education Regular Meeting

Rationale: 

Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media.  A mailing list is maintained at the Lincoln Public Schools District Office.  A public notice was published in the LINCOLN JOURNAL STAR.





The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools. The Lincoln Board of Education shall also make available for examination and copying as requested by members of the public, at least one copy of all reproducible written materials to be discussed at the meeting.

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 no changes to Appendix "1" of the current policy, which can be found as an attachment to agenda item 10.1.1 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?

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.

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. 

In keeping with Board Policy 8420 and Neb Statute 84-1412(3), the Lincoln Board of Education has established these reasonable regulations to conduct Public Comment::

1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.

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:

• Abiding by time limits
• Refraining from applauding, cheering, jeering, or engaging in speech that defames any individual(s), or stymies or blocks meeting progress;
• Refraining from the use of audio recordings, video recordings, or any digital still images, posters, signs, costumes, other props and/or photographs
• Refraining from abusive, disruptive or threatening language or gestures, and
• Staying in the areas identified by the Board as reserved for the public.

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.

Rationale: 

Rationale:  The Human Resources Division also includes the Office of Risk Management.  As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.

Explanation:
This report includes routine human resources changes:

a. Administrator Employees:
         Elections - 2
         Change of Status - 3

b. Certificated Employees:
          Elections - 51
          Leave of Absence - 5
          Change of Status - 8
          Re-Elect Re- Assign - 4        
          Separations - 22

c. Certificated Substitute Employees:
          Elections - 16
          Cnage of Status - 24
          
d.  Classified Employees:
          Elections - 24
          Separations - 27

e. Contract Agreement with Gallup, Inc. 
             
 

Proposal:
That the Board approve the Human Resources items presented in the attachment(s).*

*The information in the attachment(s) may be protected by privacy legislation until the Board of Education takes action on the staff recommendations.  Therefore, this attachment(s) is not included in agenda materials provided the public and the news media.  Any information in the attachment(s) that is not protected by privacy legislation, however, is available for public inspection from the Associate Superintendent for Human Resources upon request.

That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.

Rationale: 

Rationale:  On January 24, 2023, the Board adopted a resolution to accept option enrollment students for the 2023-24 school year.  Applications for enrollment during the 2023-24 school year have been received and are in compliance with the Board resolution of January 24, 2023.  

Explanation:
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of January 24, 2023.  Staff recommends approval of the applications.

Proposal:
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 455828 and 455835 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 24, 2023, 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.
 

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.

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:
No revisions to Policy 5520 are recommended for the 2023-2024 school year.

Proposal:
That the Board discuss and affirm Policy 5520 and Appendix 1.

Rationale: 

Annually, the Board of Education evaluates the Superintendent of Schools.  The 2022-23 evaluation of Paul Gausman, Superintendent, has been 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 approve the evaluation summary for the Superintendent.

Rationale: 

1. Regular Instructional Program:

2. Specialized Services for Special Education Programs:

Rationale:  May 10: Face the Chamber, 12:00 pm, Lincoln Country Club
May 11: Asian American/MENA Senior Celebration, 5:30 pm, Don Clifton
May 15: Board Organizational Meeting, 6:00 pm, SJDLC
May 16-17: Strategic Plan Interviews with DMG, SJDLC
May 17: Home Built by LNE Open House, 5:00 pm, 3401 North 51 St
May 18:
Yankee Hill Graduation, 9:00 am, Yankee Hill
Independence Academy Graduation, 6:30 pm, TCA
May 23: Board Meeting, 6:00 pm, SJDLC






 

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. 

In keeping with Board Policy 8420 and Neb Statute 84-1412(3), the Lincoln Board of Education has established these reasonable regulations to conduct Public Comment::

1. Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.

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:

• Abiding by time limits
• Refraining from applauding, cheering, jeering, or engaging in speech that defames any individual(s), or stymies or blocks meeting progress;
• Refraining from the use of audio recordings, video recordings, or any digital still images, posters, signs, costumes, other props and/or photographs
• Refraining from abusive, disruptive or threatening language or gestures, and
• Staying in the areas identified by the Board as reserved for the public.

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.

Rationale: 

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.

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.