Public Meeting Agenda: September 12, 2023 at 6:00 PM - Board of Education Regular Meeting

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.

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.

2. CALL TO ORDER

3. ROLL CALL

4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION

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.

Attachments: (2)

minutes - 8.8.23 Board Meeting

8/23/2023 at 8:50 AM
minutes - 8.22.23 Board Meeting

8/31/2023 at 10:47 AM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Lincoln Public Schools K-12 Music Teacher Leader Judy Bush Honored by the Nebraska Music Education Association (NMEA) with the Bryan R. Johnson Distinguished Service Award

Rationale:

In 2022, Lincoln Public Schools K-12 Music Teacher Leader Judy Bush was honored at the Nebraska Music Education Association (NMEA) annual banquet with the Bryan R. Johnson Distinguished Service Award. NMEA is a non-profit organization of music educators that provides continuing education opportunities, recognition, scholarships, and advocacy to members and offers education, auditions, competitions, and performance opportunities to their students.

Explanation:
Judy Bush teaches music at McPhee Elementary School and serves as a K-12 music teacher leader within Lincoln Public Schools in the Curriculum, Instruction, and Assessment Department.

Judy was honored with the Bryan R. Johnson Distinguished Service Award during the 2022 annual banquet hosted by the Nebraska Music Education Association (NMEA).

Evan Lee, Nebraska Music Education Association Immediate Past-President wrote about Judy:

"Her sole purpose is to support our teachers and students who experience music on a daily basis in the classroom. She makes no excuses, she works tirelessly, she works with everyone, and she is the genuine ‘real deal’ of a leader."

6.2. Northwest High School Teacher Rob Salistean Named 2022 Nebraska String Teacher of the Year by the Nebraska Chapter of the American String Teachers Association (ASTA)

Rationale:

In 2022, Northwest High School music teacher Rob Salistean was honored by the Nebraska American String Teachers Association (NeASTA) with the String Teacher of the Year award.

EXPLANATION:

Rob Salistean helped open Lincoln Northwest High School as the Performing Arts Department Chair and teaches instrumental music. Prior to his role at Northwest High School, Rob taught at North Star High School and Schoo Middle School. He also serves as the director of the Lincoln Civic Orchestra

Rob was honored with the String Teacher of the Year award by the Nebraska American String Teachers Association (NeASTA).

The nomination letter says:

"Rob works very hard to create quality string and music programs in every orchestra he leads. His experience teaching in LPS, combined with his ability to connect with everyone he meets, creates positive environments for music-making everywhere he goes."

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.

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.

8. CONSENT AGENDA

Rationale:

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:
This report includes routine human resources changes:

a. Certificated Employees:
Elections - 3
Change of Status - 2
leave of absence - 7
Separations - 10

c. Certificated Substitute Employees:
Elections - 11
Change of Status - 2
separations - 14

d. Classified Employees:
Elections - 175
Change of Status - 2
Separations - 66

Other: Civic Leave

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.

Attachments: (1)

2023, 0912, Final, Public

9/5/2023 at 1:41 PM

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 12, 2023, were previously provided.

                    Federal Tax ACH Deposit of $6,408,466.33.

                    State Tax ACH Deposit of $1,066,971.72.

                    Procurement Card ACH Transfer of $287,060.43.

                    Child Support ACH Transfer of $12,573.73.

                    Blue Cross/Blue Shield ACH Transfer of $6,243,143.99.

                    Vision Insurance ACH Transfer of $56,958.42.

b. PAYROLL FOR RATIFICATION - Payroll for the period endings August 15 & 31, 2023, in the amount of $18,747,512.03.

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 tables; supplies; AEDs; professional services; CLC agreement amendments; 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 the period ending September 12, 2023.

b. Payroll for the periods ending August 15 & 31, 2023.

c. Gifts for Arts & Humanities, The Career Academy, Goodrich, Northeast, Southwest, Zeman, and the district.

d. Bids/contracts/other routine business for tables; supplies; AEDs; professional services; CLC agreement amendments; and any other bids/contracts/routine business as presented.

Attachments: (1)

9-12 Gifts & Bids

9/1/2023 at 2:22 PM

8.3. Late Requests for Enrollment Option Out 2023-24

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
458279 Palmyra
457859 Palmyra
457861 Palmyra
457860 Palmyra

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

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.

9.1. From Board Committees

9.1.1. 2023-24 Lincoln Public Schools Budget Adoption

Rationale:

The Board of Education will hold a public hearing on the 2023-24 budget on September 25, 2023.

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 26, 2023, as may be modified into final approval form.

RESOLVED by the Board of Education of Lancaster County School District 001:

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, 2023, and ending August 31, 2024, namely:

$325,406,967 - 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.

$40,029,258 - 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.

$5,710,846 - 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.

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 $371,147,071, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected.

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, 2023, 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.

That the 2023-24 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 2023-24 fiscal year adopted budget and budget statement hereby approved.

That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 30, 2023, 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.

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 2023-24 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 2023-24 budget statement, itemized estimate, and resolution. Please note that the numbers presented are preliminary and subject to change before actual adoption.

Attachments: (2)

9-12 LPS Budget Adoption - Attachment 1

9/1/2023 at 9:51 AM
9-12 LPS Budget Adoption - Attachment 2

9/1/2023 at 9:51 AM

9.1.2. 2023-24 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 2023-2024 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 2023-2024 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 2023-2024. The District also attends the special county joint public hearing as appropriate.

Staff recommends that the resolution below be adopted so that the 2023-2024 budget may be funded as adopted. A simple majority vote is required.

Proposal
That the Board of Education approve the resolution proposed below as may be modified into final approval form:

2023-2024 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 2023-2024 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 2023-2024 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, to the extent the District’s property Tax Requests are more than the allowable growth percentage, the District will meet all of its mandated requirements in full compliance with Section 77-1633 and other Nebraska laws; 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 22.498%, for the 2006 Bond Fund by 21.4759%, for the 2014 Bond Fund by 21.7093%, and for the 2020 Bond Fund 22.3467%, 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 $0.9825 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 $1.070022 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 decrease by 7 percent, all as detailed more fully in Attachment One; and,

WHEREAS, the Board will adopt its 2023-2024 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 2023-2024 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 2023-2024 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 $328,693,903; (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 $13,900,999; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $8,253,222; (6) the Tax Request for the 2020 Bond Fund should be, and is hereby set at $18,279,373; and the (7) Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $5,768,531; 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.

Attachments: (2)

9-12 LPS Tax Request - Attachment 1

9/1/2023 at 10:11 AM
9-12 LPS Tax Request - Attachment 2

9/1/2023 at 10:11 AM

9.1.3. Elementary Boundary Change Recommendations

Rationale:

The Planning Committee monitors city growth, building utilization, student enrollment trends, and development throughout the school year. The Kooser official fall membership in 2022-23 reached 888 students. Lincoln is a thriving city. The geographical attendance area surrounding Kooser continues to grow with new housing developments. The school district is seeking strategies to stabilize the growth at Kooser and balance school enrollments.

Explanation
Due to the anticipated growth in the number of students in the Kooser attendance area, the Planning Committee reviewed Kooser and Campbell attendance area boundaries. The current Kooser and Campbell attendance area assignments for 2023-24 are reflected on Attachment One. The Planning Committee recommends changing the attendance area assignment for the two elementary schools as reflected in Attachment Two. The proposed attendance area assignment, if approved, would begin with the 2024-25 school year.

Proposal
That the Board discuss the Planning Committee’s elementary school attendance area boundary change proposal reflected in Attachment Two.

Attachments: (4)

9-12 Kooser-Campbell Attendance Boundary Changes - Attachment 1

9/1/2023 at 9:47 AM
9-12 Kooser-Campbell Attendance Boundary Changes - Attachment 2

9/1/2023 at 9:47 AM
9-12 Kooser-Campbell Attendance Boundary Changes - Attachment 3

9/1/2023 at 9:47 AM
9-12 Kooser-Campbell Attendance Boundary Changes - Attachment 4

9/1/2023 at 9:47 AM

9.2. From the Superintendent

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

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.

Attachments: (1)

6443 - Parental & Family Engagement

8/8/2023 at 12:40 PM

10.1.2. East High School and Lincoln High School Choice Filing Deadline January 31, 2024

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.

10.1.3. Resolution for Option Enrollment Students 2024-25

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 approve the option resolution and option enrollment capacity limits for the 2024-25 school year.

Attachments: (2)

24-25OPTION ENROLLMENT RESOLUTION

8/8/2023 at 12:58 PM
Closed414Information8.16.23

8/28/2023 at 9:15 AM

10.1.4. 2403 and 2411 J St Property Purchase

Rationale:

It is recommended that Lincoln Public Schools (LPS) purchase real estate generally located just east of Capitol Parkway on J Street, in Lincoln, Lancaster County, Nebraska, which is currently owned by Rosburg Enterprises, a Nebraska Corporation with a physical address of 8825 Gold Dust Road, Lincoln, Nebraska 68526, and with the following legal description: Youngs East, Lincoln, Block 13, Lot 5 and Youngs East, Lincoln, Block 13, Lot 6, Remaining Portion, Lincoln, Lancaster County, Nebraska, (hereinafter the "Property").

Explanation
The purchase calls for payment of $200,000.00 plus split real estate commissions, and the payment of any development and closing costs. The Board’s Planning Committee recommends the purchase.

Proposal
That the Board discuss, consider, approve, and adopt the following proposed Property purchase resolution with Rosburg Enterprises:

BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Property Purchase and Sale Agreement with Rosburg Enterprises 1475 NW 48TH ST LLC (hereinafter the "Agreement") in the form as discussed at this meeting and on file with official LPS records, available on request as permitted by law, and with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved;

BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs or a designee for the school district should be and is hereby delegated the authority and is authorized and directed to sign execute and deliver such Agreement and any other documents or agreements called for in such Agreement or determined to be in the best interest of the school district, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in completing the purchase and sale transaction and in the site development, and to sign execute, deliver and perform all Property or surrounding property development, infrastructure, annexation, easement, or street agreement matters with Rosburg Enterprises, the City of Lincoln or any other parties, and to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the Agreement or as otherwise necessary in the best interests of LPS, and to take or cause to be taken all other action necessary or appropriate to close the purchase and conveyance transaction upon satisfactory completion of due diligence, presentation by Seller of good title and an acceptable warranty deed or other necessary documents on the described Property to be purchased, received and developed by LPS under the Agreement or otherwise for LPS school purposes.

10.2. From the Superintendent

11. EXPEDITED/EMERGENCY ACTIONS

12. ITEM(S) REMOVED FROM CONSENT AGENDA

13. INFORMATIONAL ITEMS/REPORTS

13.1. From Board Committees

13.2. From Special Appointments

13.3. From the Superintendent

13.3.1. Superintendent Update

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: September 13:
Face the Chamber, 12:00 p.m., Lincoln Country Club
September 19:
NASB Area Membership Mtg, 4:30 p.m., Papillion La Vista
Joint Public Tax Hearing, 6:30 p.m., City-County Building
September 25:
LPS Budget & Property Tax Hearing, 5:00 p.m., SJDLC
September 26:
LPS & ESU 18 Board Meeting, 6:00 p.m., SJDLC

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.

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.

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
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.

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.

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.

17. ADJOURNMENT

September 12, 2023 at 6:00 PM - Board of Education Regular Meeting

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