Public Meeting Agenda: September 26, 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: (1)

minutes - 9.12.23 Board Meeting

9/19/2023 at 3:13 PM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Matt Heimes Southwest High School Teacher and Speech Coach Inducted into the National Speech and Debate Association Hall of Fame (NSDA)

Rationale:

Southwest High School teacher and coach Matt Heimes was inducted into the National Speech and Debate Association (NSDA) Hall of Fame during the national tournament in June. The NSDA is the largest interscholastic speech and debate organization for middle and high school students in the United States.

Explanation:

Since 2002, Matt Heimes has served as a teacher and speech coach at Southwest High School. During his tenure at Southwest, they have won four state team championships, 39 individual state champions, 379 national qualifiers, 23 national finalists and 107 Academic All-Americans.

Matt was selected by his colleagues at the National Speech and Debate Association (NSDA) during the national tournament in June to be inducted into the Hall of Fame. Two of the primary standards that NSDA Hall of Fame voters consider are service to the NSDA and the overall history of student success in regular-season and state tournaments. They also consider how many chapter awards the nominee has helped their school earn in their coaching tenure.

The nomination letter about Matt in part said:

"Perhaps his most endearing quality is his integrity. Matt coaches his students tirelessly, not only developing their communication skills but teaching them to be well-rounded, responsible citizens beyond high school.

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 - 2
  Change of Status - 1
leave of absence - 1
Separations - 1

b. Certificated Substitute Employees:
Elections - 22
separations - 20

c. Classified Employees:
Elections - 31
  Separations - 51

d. Other:
Employee Association Recognitions as the official Bargaining Agents for 2023-24: Custodial Employees Associations, Maintenance Employees Association, Nutrition Service Workers Association, Lincoln Public Schools Association of Office Professionals, Lincoln Paraeducators Association, and Transportation Employees Association.

e. Proposed Amendment to Contract for Takako Olson

f. Settlement Agreement with William Swearingen

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, 0926, Final, Public

9/25/2023 at 1:30 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 26, 2023, were previously provided.
                    Federal Tax ACH Deposit of $190,844.92.

                    State Tax ACH Deposit of $1,003,879.86.

                    Procurement Card ACH Transfer of $126,498.99.

                    Child Support ACH Transfer of $156.50.

                    Term Life/Disability ACH Transfer of $173,475.66.

                    Retirement ACH Transfer of $5,606,740.35.

                    Vendor ACH Transfer of $2,286.03.

b. PAYROLL FOR RATIFICATION - Payroll for the periods ending September 7 & 15, 2023, in the amount of $617,983.20.

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 trash can liners; subscriptions; Show Choir costumes; mental health services; CLC-related 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 the period ending September 26, 2023.

b. Payroll for the periods ending September 7 & 15, 2023.

c. Gifts for North Star, Northwest, and Yankee Hill.

d. Bids/contracts/other routine business for trash can liners; subscriptions; Show Choir costumes; mental health services; CLC-related services; items listed for auction; and any other bids/contracts/routine business as presented.

Attachments: (1)

9-26 Gifts & Bids

9/22/2023 at 9:44 AM

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

9.2. From the Superintendent

9.2.1. Lincoln Community Learning Centers Strategic Planning

Rationale:

Lincoln Community Learning Centers began serving four Title I eligible elementary schools with two Lead Agency partners in 1999. Over the past 24 years, the CLC Initiative has grown to its current capacity of serving 30 schools, K-12 with 10 Lead Agency partners. All CLC services are provided during non-school hours or periods when school is not in session including non-school days and summer. The Community Learning Centers programs and activities are designed to build on the capacity of community partners and neighborhood schools. Each site has an academic focus to assist participating students in meeting state and local academic achievement standards. Families of students served may also receive services in areas that support family literacy, health, other family support services, and childcare. The previous CLC Strategic Plan was developed and implemented in 2015, and many of the goals set forth in that strategic plan have been accomplished.

Explanation:
Over the past twenty-five years, the Coalition for Community Schools (Coalition) has mobilized and supported thousands of community school leaders across all 50 states and internationally and has led research and practice to guide the growing Community Schools movement. From these strong relationships and deep interactions, the Institute for Educational Leadership (IEL) has codified best practices and established Community School Standards, Coaching for Building Sustainable Systems, and a Community School Data Hub that guides the implementation and management of Community Schools nationwide. Additionally, the Coalition was a key partner in the research leading to Four Pillars of Full-Service Community Schools which guide implementation and support Community Schools as an evidence-based strategy promoting equity and educational excellence for every child. The Institute for Educational Leadership (IEL) is the home of the Coalition for Community Schools, acting as the liaison between the Coalition’s national intermediaries and place-based networks.
Lincoln Community Learning Centers is viewed as a national model for best practice Community Schools programming and engages hundreds of local community stakeholders, including leaders within Lincoln Public Schools, local philanthropy, lawmakers, Lead Agency partners, parents, students, and community members. The Coalition for Community Schools brings a national perspective to the planning, implementation, and growth of the Community Schools framework, and will engage our local community members and partners to develop a Strategic Plan that will guide, sustain, and scale the future of the Lincoln CLC initiative.

Attachments: (1)

2023 CLC Strategic Planning

9/26/2023 at 1:08 PM

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. 2023-24 Lincoln Public Schools Budget Adoption

Rationale:

The Board of Education held 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 approve the 2023-24 budget statement, itemized estimate, and resolution.

Attachments: (3)

9-26 2023-24 LPS Budget Adoption - Attachment One

9/18/2023 at 12:51 PM
9-26 2023-24 LPS Budget Adoption - Attachment Two

9/18/2023 at 12:51 PM
9-26 LPS Budget Adoption & Tax Request Presentation

9/26/2023 at 9:18 AM

10.1.2. 2023-24 Lincoln Public Schools Property Tax Request

Rationale:

Proper advance notice was given and a special public hearing was 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.

2023-2024 TAX REQUEST RESOLUTION
FOR
Lancaster County School District No. 0001,
a/k/a Lincoln Public Schools

WHEREAS, public notice was 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 was 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 provided 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.

Proposal
That the Board approve the attachments, proposed resolutions, determinations, findings, and property tax request(s).

Attachments: (2)

9-26 LPS Tax Request - Attachment One

9/18/2023 at 12:53 PM
9-26 LPS Tax Request - Attachment Two

9/18/2023 at 12:53 PM

10.1.3. 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 Attachments One and Two. The Planning Committee recommends changing the attendance area assignment for the two elementary schools as reflected in Attachments Three and Four. The proposed attendance area assignments, if approved, would begin with the 2024-25 school year.

Attachments: (4)

9-26 Kooser-Campbell Attendance Boundary Changes - Attachment 1

9/18/2023 at 12:55 PM
9-26 Kooser-Campbell Attendance Boundary Changes - Attachment 2

9/18/2023 at 12:55 PM
9-26 Kooser-Campbell Attendance Boundary Changes - Attachment 3

9/18/2023 at 12:55 PM
9-26 Kooser-Campbell Attendance Boundary Changes - Attachment 4

9/18/2023 at 12:55 PM

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

13.3.2. Monthly Financial Report

Rationale:

At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.

Explanation
The monthly financial report for the month ending August 31, 2023, is attached.

Proposal
Information item; no Board action required.

Attachments: (1)

9-26 Monthly Financial Report

9/18/2023 at 1:10 PM

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: September 28: SSKI Board Meeting, 12:15 p.m., City-County Bldg
October 2: LPS Strategic Plan Community Input Session, 7:00 p.m.

North Star High School
Northwest High School
Southeast High School
Southwest High School

October 4: GNSA Fall Membership Meeting, 9:30 a.m., NCSA
October 8: LNW Dedication, 2:00 p.m., LNW High School
October 9: LPS Strategic Plan Community Input Sessions, 7:00 p.m.

Lincoln High School
East High School
Standing Bear High School
Northeast High School

October 10:
State of the City Address, 7:30 a.m., The Graduate Lincoln
TCA Joint Board Meeting, 9:30 a.m., TCA
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 26, 2023 at 6:00 PM - Board of Education Regular Meeting

Web Viewer