January 23, 2024 at 6:00 PM - Board of Education Regular Meeting
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1. LPS BOARD OF EDUCATION INFORMATION
Rationale:
Notice of the time and place of the Lincoln Board of Education meeting was e-mailed to an extensive list of local and regional news media. A mailing list is maintained at the Lincoln Public Schools District Office. A public notice was published in the LINCOLN JOURNAL STAR. |
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2. CALL TO ORDER
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3. ROLL CALL
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4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
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5. APPROVAL OF MINUTES
Rationale:
The attached minutes are intended to accurately reflect the action of the Board at its previous meetings.
Explanation The minutes have been prepared for Board approval.
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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Employee Recognition for 25 years of Service
Rationale:
The following employees have achieved the goal of 25 years of professional service to the students of Lincoln and Lincoln Public Schools:
The following employee has achieved the goal of 50 years of professional service to the students of Lincoln and Lincoln Public Schools:
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7. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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8. CONSENT AGENDA
Rationale:
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8.1. Human Resources Matters
Rationale:
The Human Resources Division also includes the Office of Risk Management. As such, in addition to the Lincoln Board of Education approving all contractual agreements with employees, all employee benefit issues, all personnel actions, and all other matters within the scope of the Human Resources Division, as part of the Human Resources Matters agenda; the Lincoln Board of Education also must approve the settlement of Workers’ Compensation claims, take action on tort claims filed against the district, and take action on all other matters within the scope of the Office of Risk Management.
Explanation: That the Board is approving the Human Resources items attached with the information as presented or as on file with official district records and documents relating to each such item, or in such other form as may be approved by the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, and that the Board hereby authorizes the Associate Superintendent for Human Resources, or the Associate Superintendent’s designee, to transact and complete each such item approved hereby, and to sign, execute, and deliver necessary documents or contracts, and to take or cause to be taken any and all other action as may be necessary to complete each such item of transaction as contemplated, for and on behalf of this school district.
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8.2. Routine Business
Rationale:
At each meeting, the Board of Education is asked to approve certain items of routine business of the school district.
Explanation:
The items included in routine business for this meeting are: a. REGULAR CLAIMS - Claims for the periods ending January 23, 2024, were previously provided. Federal Tax ACH Deposit of $144,090.01. Procurement Card ACH Transfer of $69,256.31. Child Support ACH Transfer of $308.50. Term Life/Disability ACH Transfer of $185,395.17. Retirement ACH Transfer of $5,778,745.98. Vendor ACH Transfer of $6,523.40. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending December 29, 2023, and January 12, 2024, in the amount of $467,369.99. c. BIDS/CONTRACTS/OTHER ROUTINE BUSINESS - Bids/contracts/other routine business will be presented for approval for 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 January 23, 2024. b. Payroll for the periods ending December 29, 2023, and January 12, 2024.
c. Bids/contracts/other routine business for items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application for 2023-24
Rationale:
On January 24, 2023, the Board adopted a resolution to accept option enrollment students for the 2023-24 school year. An application for enrollment during the 2023-24 school year has been received and is in compliance with the Board resolution of January 24, 2023.
Explanation: The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of January 24, 2023. Staff recommends approval of the application. Proposal: That the Board adopts the following resolution: WHEREAS, the student who has been assigned student number 426118 (for purposes of confidentiality, an assigned number is being used) meets 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 student be accepted as an option student 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.
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9. FIRST READING, ACTION AT NEXT MEETING
Rationale:
*The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.
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9.1. From Board Committees
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9.1.1. Humann Elementary Early Childhood Project #10899
Rationale:
Sealed bids were received on January 18, 2024, from interested vendors, to provide an early childhood addition at Humann Elementary School.
Explanation:
It is recommended that award be made to the lowest responsible vendor meeting specifications: BluCor Construction Group LLC (Lincoln, Nebraska) $680,581.00 There were five other bidders: BIC Construction LLC (Lincoln, Nebraska) $710,800.00 Kingery Construction Co. (Lincoln, Nebraska) $744,200.00 Genesis Contracting Group (Lincoln, Nebraska) $748,000.00 Hausmann Construction Inc. (Lincoln, Nebraska) $788,000.00 Rogge General Contractors Inc. (Lincoln, Nebraska) $789,000.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $680,581.00 from the 2020 Bond Fund and other appropriate building funds. Proposal:
The Board, by approving this agreement with BluCor Construction Group, is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement. |
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9.2. From the Superintendent
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9.2.1. North Star High School Pool Mechanical Modifications #10911
Rationale:
Sealed bids were requested from interested vendors for the Mechanical modifications of the swimming pool at North Star High School.
Explanation:
It is recommended that award be made to the lowest responsible vendor meeting specifications: Helm Mechanical Inc. (Omaha, Nebraska) $599,910.00 There was one other bidder Kingery Construction Co. (Lincoln, Nebraska) $757,800.00 A complete tabulation is available in the Purchasing Department. This will be an expenditure of $599,910.00 from the Depreciation Fund. Proposal:
The Board, by approving this agreement with Helm Mechanical Inc., is approving the award, the contract documents for this project, and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day-to-day basis during this project as contemplated thereby, for and on behalf of this school district, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement. |
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9.2.2. Proposed Negotiated Agreement with the Lincoln Education Association
Rationale:
The Lincoln Board of Education has recognized the Lincoln Education Association (LEA) as the exclusive bargaining agent to negotiate salary, fringe benefits, and working conditions for members of that employee group. The negotiation teams, representing LEA and Lincoln Public Schools, have reached a tentative agreement for the 2024-2025 school year and LEA has approved the tentative agreement.
The proposed agreement calls for a 4.55 percent total package increase for 2024-2025. The settlement is within the parameters set by the Board of Education. Included in the package increase are all district costs, including the district’s contributions to health insurance, state retirement, and Social Security. A complete copy of the proposed agreement is available for review at the office of the Associate Superintendent for Human Resources upon request.
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.1.1. 3000 Policy Series Update
Rationale:
Periodically, a policy series is reviewed in order to address changes in legislation or regulation from the state or federal government or to bring policy in line with current practice or intent of the Board. During the 2023-24 school year, the Policy 3000 Series was reviewed by staff to bring the policies in line with current practice, address changes in administrative structure, and add clarity. The Planning and Finance Committees reviewed staff recommendations.
Explanation:
Recommended changes generally fall into three categories: align with current practice, align with administrative structure, and provide clarity. Align with Current Practice: 3100, 3920, 3920.2, 3980.5 Align with Administrative Structure: 3000 Provide Clarity: 3620.1 Proposal: That the Board approve recommended revisions to Policy 3000 Series.
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10.2. From the Superintendent
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10.2.1. CLASS Annual Chromebook Purchase (Grades 6 and 9) #10934
Rationale:
The CLASS technology plan provides budget resources in the 2023-24 fiscal year to continue the practice of assigning a Chromebook to each 2024-25 sixth grader (3,162) and 9th grader (3,312) that they will use throughout their middle and high school years, respectively. Making a purchase at this time is necessary to ensure delivery with enough time to prepare the Chromebooks prior to the start of the 2024-25 school year. Purchase recommendations are consistent with an evaluation of responses to quotes that determined the Acer C736 (8GB/32GB) is the best option for incoming middle school students and the Acer R756T (8GB/64GB) is the best option for incoming high school students.
Explanation:
The popularity of Chromebooks in K12 education settings is a catalyst for innovation in the Chrome operating system, Google Workspace ecosystem, and development of web apps with functionality equal to software traditionally installed on devices. This accounts for LPS teachers and students who report a high degree of satisfaction with the capability of Chromebooks as a tool for learning and instrument for expression. Performance specifications and considerations associated with the proposed Chromebook models were shared with the Student Learning and Technology Board Committee. Available data and first-hand experience affirm the continued distribution of touch-capable and standard Chromebooks. Thus, the recommendation is to continue with touch Chromebooks for ninth grade students who will use them throughout their high school years and standard Chromebooks for sixth grade students who will use them for their middle school years. It is recommended that the Board award $2,158,367.04 to Connections (Merrimack, New Hampshire) to purchase 3,162 Acer model C736 standard Chromebooks with a 2-year warranty and 3,312 Acer model R756T touch Chromebooks with a 3-year warranty.
This will be an expenditure of $2,158,367.04 from the General and Depreciation Funds. Proposal: That the Board approve this award to the above listed vendors. The Board by approving these purchase with Connections is approving the provisions of the agreement and all associated documents related thereto according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver such documents, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and implement the same on a day to day basis during its term as contemplated thereby, for and on behalf of this School District. The Board by approving these purchases hereby designates the Chief Technology Officer or another person as selected by the Superintendent or a designee from time to time as its program administrator under these purchase orders. |
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10.2.2. EPA Clean School Bus Rebate Program Proposal
Rationale:
The Bipartisan Infrastructure Law of 2021 authorizes EPA to offer rebates to replace existing school buses with clean and zero-emission (ZE) models and includes prioritization for certain applicants—including high-need school districts, Rural school districts, Bureau of Indian Affairs-funded school districts, and School districts that receive basic support payments for children who reside on Indian land. The maximum rebate amount per bus is dependent on the replacement bus fuel type and the replacement bus size. School districts applying directly for funds may only submit one application to replace up to 25 buses.
The 2023 Clean School Bus (CSB) Rebate Program includes review and selection by EPA, at which time selectees will then submit purchase orders to request payment, then receive payment, which is followed by new bus delivery, existing bus replacement, and project close out. Explanation: Lincoln Public Schools proposes to replace three (3) existing diesel school buses, each with model year of 2000 or earlier, with electric models. This small number was selected so that the program could serve as a pilot for LPS to determine any barriers to utilization of electric vehicles before purchasing on a larger scale. If approved, LPS will request up to $265,000 per replacement bus (the maximum allowed for the size and fuel type to be used by LPS) to enhance its existing fleet. These buses will include routes to any of the 22 Title I elementary and middle schools to deem LPS eligible for prioritization. Replacement buses should not be purchased prior to EPA approval. The difference in the rebate and actual cost of the buses will be paid with the Depreciation Fund. Proposal: That the Board approve the submission of an application to the EPA for its Clean School Bus Rebate Program for up to $265,000 each to replace three school buses. The rebate program application is due January 31, 2024. |
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10.2.3. State 21st Century Community Learning Center Continuation Application
Rationale:
The Nita M. Lowey 21st Century Community Learning Centers (21 CCLC) federally-funded grant program provides grants to eligible schools for the purpose of creating or expanding Community Learning Centers. The primary purpose of 21st Century funds is to provide students with academic and enrichment opportunities designed to complement their regular academic program. All CLC services are provided during non-school hours or periods when school is not in session. The Community Learning Centers programs and activities are designed to build on the capacity of community partners and neighborhood schools. Each site is to have 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. Explanation: These three 21st Century CLC grant applications are continuation funding grants for: The identified schools have specific needs that are in line with the goals of the 21st Century grant process and have successfully achieved stated outcomes in the continuation grant award. Community partners that have been identified to serve as the CLC lead agencies and to assist in the planning and service provision include: CEDARS, Civic Nebraska, Family Service, and YMCA. These community partners will be essential to the successful delivery of quality after-school opportunities for students. The continuation grants will build on the success these sites have experienced over the past years. Successes have included: 1) consistently serving an average of 1,700 thirty-plus day students each year and over 3,090 total students attending after-school programming, 2) the CLC sites and partnering agencies continue to be intentional in their alignment of after-school programs with the school day academics, which has resulted in participating students outperforming their peers who do not attend after school programs on state assessments, and 3) successfully providing high level academic and enrichment programming for students as evidenced in both annual self-assessments and external observations. Core program activities will include homework / academic support, enrichment activities, recreation and leisure, character education and development, career exploration, and service learning as well as activities to support nutrition and healthy lifestyles. It is projected that approximately 5,000 students will be impacted by the CLC programs at these fourteen sites over the five-year duration of these grants. The following program goals will guide the program design and delivery: Goal 1: Improve overall student success. The due date for applications is February 1, 2024. |
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11. EXPEDITED/EMERGENCY ACTIONS
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12. ITEM(S) REMOVED FROM CONSENT AGENDA
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13. INFORMATIONAL ITEMS/REPORTS
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13.1. From Board Committees
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13.2. From Special Appointments
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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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 December 31, 2023, is attached. Proposal: Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
January 29: Board Work Session, SJDLC, 4:30 p.m.
January 31: WAM Committee, SJDLC, 6:00 p.m. February 1: GNSA Meeting, NCSA, 3:00 p.m. GNSA Senator Reception, Billy's Restaurant, 5:00 p.m. February 13: Board Meeting, SJDLC, 6:00 p.m. |
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15. PUBLIC COMMENT
Rationale:
The Board believes public attendance and participation, when appropriate to the business at hand, is beneficial to the work of the Board and models the importance of civic engagement and civil discourse to the community’s children, but it cannot impede the Board from completing the business of the meeting. 2. A time limit of three minutes will be allotted for any speaker unless prior to the beginning of the Public Comment agenda item, the chair sets a different reasonable time frame to be allotted for speakers in order to accommodate the number of persons who have submitted "Record of Appearance" cards. The time limit is per speaker, per meeting and may not be transferred or assigned to other speakers. 3. The chair may endeavor to organize public comment by what agenda items or other issues have been identified as topics by public speakers, adjust for the age of speakers, and/or split the Public Comment agenda item to be conducted in different positions within the Board’s Order of Business. At the discretion of the chair, the speaker may be allotted additional time. Board members may share, address or consider comments from the public during public comment, at the end of public comment or when related business is on the agenda. 4. In order to be called forward to address the Board during Public Comment, each person wishing to speak must obtain a "Record of Appearance" card from staff at the meeting in which they wish to speak. "Record of Appearance" cards are available beginning 30 minutes prior to the scheduled start of the meeting. Those wishing to speak must accurately complete the required sections of the card, and submit it to the appropriate staff member by 15 minutes after the start of the meeting. 5. Individuals will be called forward to speak by name, organization being represented, if applicable, and address. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment by stating their first and last name and, if applicable, any organization they represent. 6. In cases where more than one person wishes to speak on the same topic, their presentations to the Board may, at the discretion of the chair, be grouped together by topic. 7. If the number of people wishing to speak under the public comment portions of the agenda is large, the chair may rule that a public hearing be scheduled. 8. Persons speaking to the Board during public comment may make printed materials (paper no larger than 8.5 x 11 inches) available to the Board but may not use any other form of media. Public speakers are asked to provide 10 copies of any copies of printed materials presented to the Board. Persons attending Board meetings and/or speaking to the Board during Public Comment or during a public hearing must follow all requirements established by the Board, as well as all Board, chair and staff directions in order to help maintain the order, proper decorum, safety and security, and the non-disruptive functioning of the Board meeting. These include, but are not limited to the following:
If at any time persons appearing before the Board do not comply with these or any other Board requirements, it shall be the responsibility of the chair to declare that person or persons out of order and require a change in behavior, delay or recess the meeting, or refuse permission to continue to address the Board, and ultimately may require the person or persons to leave the premises of the Board meeting. |
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16. REQUEST FOR CLOSED SESSION
Rationale:
The Lincoln Board of Education is authorized by state statute to hold a closed session by the affirmative vote of a majority of its voting members if a closed session is clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. The subject matter and the reason necessitating the closed session are to be identified in the motion to close. Closed sessions may be held for, but shall not be limited to, such the subject matter and the reasons set forth in the Proposal section below.
Explanation |
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16.1. Request for Closed Session - Negotiations/Collective Bargaining, Property/Real Estate, Litigation, Security, Criminal Misconduct, Personnel, and Legal Advice Matters
Rationale:
The Lincoln Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law. That the Board hold a closed session: 1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. 2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. |
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17. ADJOURNMENT
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