August 22, 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: 

LPS policy 8120 provides that if both the President and Vice President are absent from a meeting, the Board members present will designate the chair for the meeting.

Explanation:
It is anticipated that both the President and Vice President may be absent from this meeting.  If such is not the case, this agenda item will be passed over.  If such is the case, in accordance with policy the Board members present must designate the chair for the meeting as per the recommended motion below.

 

Rationale:  The next item on our agenda this evening is the Public Hearing on the Lincoln Public Schools Parental and Family Engagement and Parental Involvement Policy.

Staff Presentation on Policy 6443.

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 Parental Involvement Act and other Nebraska and Federal laws. The purpose of this hearing is to receive input regarding proposed Policy 6443. The input received in this hearing will be taken into consideration by the Board when we take action on proposed Policy 6443.
 

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: 

Rationale: 

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. Certificated Employees:
          Elections - 100
          Change of Status - 4
          Leave of Absence - 5
          Re-Elect Re- Assign -  1
          Re-Elect-Same Assign -  1   
          Separations - 4

c. Certificated Substitute Employees:
          Elections - 6
          Separtations - 1

d.  Classified Employees:
          Elections  - 65
          Change of Status - 1
          Separations - 48

e. Other: 
         Employee Association Recognition as the Official Bargaining Agent            for 2025-2026: Lincoln Education Association
 

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 453227, 433190, 250371 and 442567 (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: 

March 15, 2023, 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 2023-24 school year.  The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).    

Explanation:
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2023, deadline.  The Lincoln Board of Education may deny or approve the requests.  If the requests are approved by the Board of Education, they will be forwarded to the option school district for their approval.

Student Number            Option District
405789                            Raymond Central
457573                            Raymond Central

Proposal:
That the Board approve the requests for option out for the 2023-24 school year.

Rationale:  Lincoln Public Schools regulation 5460.1 and Nebraska state law provides that if a student has been expelled from any public or private school, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired unless the Lincoln Board of Education approves by a majority vote the enrollment of such student prior to the expiration of the expulsion period. Student number 458002 (for purposes of confidentiality we are using an assigned number) has filed the proper application and has requested enrollment. 

Explanation:
The Department of Student Services has reviewed the application and the background information on the student and is recommending that the application be approved and that the student be enrolled in the Lincoln Public Schools Expelled Student Program for the remainder of this school year, subject to such terms and conditions as imposed by the Director of Student Services and all program rules and regulations until the term or time period of the original underlying expulsions are completed.                                                 
Proposal:
That the Board approves the application and all recommendations of the Department of Student Services.

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:  According to Neb. Rev. Stat. § 79-533 and other Nebraska and Federal laws, 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 discuss reaffirming Policy 6443.
 

Rationale: 

Staff annually monitors enrollment trends in Lincoln Public Schools facilities, as provided in policy and regulation, as to available capacity, impact on educational programs within the building, prior enrollment levels, and anticipated future growth within the building attendance area in order to determine availability for transfer.

Explanation  
East High and Lincoln High enrollments exceed building capacities. The 2023-24 enrollment numbers at East High and Lincoln High currently exceed 2,100.

Due to the factors noted above and in particular, the increasing enrollment and the ability of the school facilities to serve students, staff has determined and recommended that high school selection forms for ninth (9th) grade students only living outside of the East High and Lincoln High attendance areas, selecting to attend either school for the 2024-2025 school year, be approved through the standard process if such forms are filed by the filing deadline of January 31, 2024, and that all other selection forms filed after Board of Education approval of this recommendation and the filing deadline of January 31, 2024, for all other grade levels will be denied.

Staff has further determined and recommended that East High and Lincoln High will be unavailable to transfers for all other grade levels of students living outside of the East High and Lincoln High attendance areas.

Proposal  
That the Board continue current high school enrollment procedures, with the limitations outlined above, for the 2024-25 school year.
 

Rationale:  Nebraska students may attend a school other than the one in the district in which they reside under the option enrollment statutes.      

Explanation
The attached option resolution would admit any K-12 option students who meet the statutory and legal conditions and whose application is received by August 2, 2024. Under new state law LB414/705, school districts are required to adopt option enrollment capacity limits by October 15 for the following school year. Option enrollment capacity limits for the 2024-25 school year are attached and will be published on the district’s website (Appendix 1 of Policy 5119).

The resolution specifies the circumstances under which late-filed applications would be accepted.  

Proposal
That the Board discuss the option resolution and option enrollment capacity limits for the 2024-25 school year.

Rationale: 

Rationale:  For 27 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program.  The advantages of self-insurance are:  1) lower premiums, 2) the district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, and 5) LPS staff and legal counsel are involved in claims from the beginning. 

The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district of more than one million dollars per year in premium costs alone.

Explanation:
Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage and Boiler and Machinery insurance through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm.  The 2023-24 rates are attached for review.

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 2023-24 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration and adoption at this meeting. 

1. By April 9, 2024, develop and present to the Board of Education a comprehensive framework to address student behavior that includes prevention, accountability, and restorative practices.

2.  By April 9, 2024, develop and present to the Board of Education a Strategic Plan which represents Lincoln Public School’s commitment to community input and equitable outcomes, and which aligns the strategic priorities of the district with the All Means All action plan and the themes from the Superintendent’s transition report.

    

    

Rationale: 

Each year, as required by law, the School Board evaluates the Superintendent using a state-approved assessment tool.  The president of the School Board is responsible for leading the Board in fulfilling the guidelines of this process.

Explanation
Policy 8350  has been revised to support the Board president’s responsibilities related to the Superintendent’s evaluation and provide greater clarity in the process.

 

Rationale: 

Annually, the Board prepares an evaluation of the Superintendent.  The evaluation appraisal instrument is periodically reviewed and modified to current practice.  The Superintendent’s appraisal instrument has been updated and recommended for Board approval.  A revised appraisal timeline is also attached as an informational update.

Explanation:
Nebraska law and LPS policy require that the Board of Education of the Lincoln Public Schools evaluate its Superintendent of Schools each year. Completed evaluations are confidential reports that are placed in and a part of the Superintendent’s personnel file, per Section 79-8,109. 

Rationale: 
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. 

2023-2024 Legislative Guidelines match the 2022-2023 Legislative Guidelines.
 

Rationale:  EXPLANATION:

Attached are the 2022-23 pay rates for substitute and miscellaneous employees and the proposed 2023-24 pay rates for such employees approved by the Board at the June 13, 2023, meeting.

After enacting the 2023-24 substitute and miscellaneous pay rates, the Athletics Department requested that pay rates be increased for the following positions to be effective for the 2023-24 school year: Intramural Workers, Intramural Coaches, Athletic Event Workers, Standard Head Clinicians, Standard Assistant Clinicians, Clinical Additional Coach, Concessions, and Technical Support. The Athletics Department would also like to add pay rate for the newly created position of Athletic Event Manager. All other pay rates would remain the same as approved by the Board on June 13, 2023.

 

Rationale: 

Rationale: 

Rationale:  September 4: LPS Closed

September 12:
Wellness, American Civics, MC Committee, 4:30 p.m., SJDLC
LPS & ESU 18 Board Meeting, 6:00 p.m., 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.