Public Meeting Agenda: August 13, 2024 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: (3)

minutes 7-23 Work Session

7/25/2024 at 10:36 AM
minutes 7-23 Board Meeting

7/30/2024 at 12:57 PM
minutes -8.6 Board Retreat

8/9/2024 at 11:53 AM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

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. Administrator Emlpoyees:
Elections - 0
Separtations - 0
b. Certificated Employees:
Elections - 13
Change of Status - 20
Leave of Absence - 37
Re-Elect, Same Assign - 1
Re-Elect, Re-Assign - 1
Separations - 10
c. Certificated Substitute Employees:
Elections - 14
Change of Status - 0
Separations - 6
d. Classified Employees:
Elections - 119
Change of Status - 7
Separations - 29

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)

2024, 0813, Final, Public - HR

8/5/2024 at 3:33 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 August 13, 2024, were previously provided.

                    Federal Tax ACH Deposit of $6,795,330.41.

                    State Tax ACH Deposit of $1,024,324.81.

                    Procurement Card ACH Transfer of $121,841.66.

                    Child Support ACH Transfer of $13,359.35.

                    Blue Cross/Blue Shield ACH Transfer of $6,809,561.67.

                    Vision Insurance ACH Transfer of $59,067.29.

                    Vendor ACH Transfer of $15,000.00.

b. PAYROLL FOR RATIFICATION - Payroll for the periods ending July 15, 17, and 31, 2024, in the amount of $20,161,844.31.

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; turf sprayer; dump body electronic drives; equipment; advertising; suspension program; assignment agreement; mental health 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 August 13, 2024.

b. Payroll for the periods ending July 15, 17, and 31, 2024.

c. Gifts for Lincoln High, Southeast, and the district.

d. Bids/contracts/other routine business for tables; turf sprayer; dump body electronic drives; equipment; advertising; suspension program; assignment agreement; mental health services; items listed for auction; and any other bids/contracts/routine business as presented.

Attachments: (2)

8-13 Gifts

8/5/2024 at 11:15 AM
8-13 Bids & Contracts

8/9/2024 at 3:39 PM

8.3. Option Enrollment Student Application for 2024-25

Rationale: On September 12, 2023, the Board adopted a resolution to accept option enrollment students for the 2024-25 school year. An application for enrollment during the 2024-25 school year has been received and is in compliance with the Board resolution of September 12, 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 September 12, 2023. Staff recommends approval of the application.

Proposal:
That the Board adopts the following resolution:

WHEREAS, the student who has been assigned student number 405250 (for purposes of confidentiality, assigned numbers are being used) meets one or more of the criteria of the Board resolution of September 12, 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.

Attachments: (1)

OPT IN 8.2.24

8/5/2024 at 7:33 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

9.1.1. Real Estate Conveyance of Robinson Parcel to the City of Lincoln #11053

Rationale:

Lincoln Public Schools owns Lot 1, Block 4, Waterford Estates 19th Addition, in the City of Lincoln, Lancaster County, Nebraska, also generally known as the Ada Robinson Elementary School site. In the best interests of both parties, the Lincoln Public Schools reached an agreement with the City of Lincoln for the City to purchase approximately 2.0 acres in the southeast corner of the Robinson site to be used and maintained by the City of Lincoln, Parks & Recreation Department, for a neighborhood park. The parcel has been appraised and the purchase price amount of $81,982.00 is consistent with the appraised value. The purchase price has been or will be credited to reduce the District’s balance owed to the City under the parties’ Asset Banking Agreement.

Explanation
It is recommended under policy 8314 that Regulation 3400.1 and any other relevant Policies or Regulations be suspended and that the Lincoln Public Schools Board of Education authorize and approve the Agreement and the property sale as so provided. Under Section 79-10,114, R.R.S., an affirmative vote of two-thirds (5 of 7) is required to approve this transaction, sale and conveyance of interests in the Robinson Parcel at this regular meeting.

It is further recommended that Lincoln Public Schools approve the real estate conveyance and sale as described.

A copy of the sale quitclaim deed is on file with official district records and may be reviewed upon request.

Proposal
By approving of this agenda item, the Board hereby approves the following Resolution:

BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools ("LPS") pursuant to Policy 8314 that Regulation 3400.1 and any other relevant Policies or Regulations should be and are hereby suspended.

BE IT FURTHER RESOLVED, by LPS, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, that the property sale and conveyance between Lincoln Public Schools and the City of Lincoln in the form as presented, or with such changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved; and

BE IT FURTHER RESOLVED, that the Associate Superintendent for Business Affairs, or a designee for LPS, be and are hereby authorized and directed to execute a quitclaim or other agreed upon deed for the property to be conveyed by Lincoln Public Schools to the City of Lincoln, Nebraska; and that the Associate Superintendent for Business Affairs or a designee for the School District should be and is hereby authorized and directed to agree upon and deliver such deed and take all other action, retain any necessary professionals for assistance, and pay all costs and expenses necessary or appropriate to close the sale and conveyance transaction upon proper crediting of the purchase price to the District’s balance under the parties Asset Banking Agreement or payment in cash as determined and agreed in the best interests of the District at the time of closing by the Associate Superintendent for Business Affairs or a designee.

BE IT FURTHER RESOLVED, that the property sale is approved by an affirmative vote of at least two-thirds of all members of this board as required to approve this transaction, sale and conveyance of the Property at this regular meeting.

9.1.2. Land Acquisition: State DAS Property #11052

Rationale:

It is recommended that Lincoln Public Schools (LPS) enter into a real estate purchase agreement with the State of Nebraska, Department of Administrative Services for the purchase of approximately 5.2 acres of real estate generally located near the intersection of S. Folsom Street and W. Pioneers Boulevard, and with a legal description of Lot 2, Burnham First Addition, Lincoln, Lancaster County, Nebraska (Property). The Property is immediately adjacent to real estate already owned by LPS. The Property may be used for the proposed new Yankee Hill facility.

Explanation
The Property has been appraised and the purchase price amount of $340,000.00 is consistent with the appraised value. The purchase also calls for payment of certain closing costs, which may occur sometime in August or September. The Board’s Planning Committee recommends the purchase. Based on the closing date, the Board’s Planning Committee and LPS staff recommends waiving first reading and proceeding to second reading and approval. The purchase price is to be paid from the nonrestricted building fund or other appropriate LPS funds.

The proposed Property Purchase and Sale Agreement is available in the Purchasing Department.

Proposal
That the Board discuss, consider, approve, and adopt the following proposed resolution:

BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools ("LPS") that all inconsistent policies or regulations to this transaction should be and are hereby suspended.

BE IT FURTHER RESOLVED, by LPS, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, that the Property Purchase and Sale Agreement ("Agreement") with State of Nebraska, Department of Administrative Services, ("Seller") for the Property, in the form as discussed at this meeting and on file with official LPS records, and as presented at this meeting, and with such negotiated changes as are approved by the Associate Superintendent of Business Affairs, should be and is hereby authorized and approved, and that all prior actions taken by LPS staff related to such purchase to date are also hereby ratified, approved and affirmed; and

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, to pay the purchase price, development costs and expenses, and all transaction costs and expenses as provided in the Agreement or as otherwise necessary, 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 special 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.

9.1.3. Policy Series 4000 & 6000

Rationale: Several policies have been updated to reflect legislative changes, and/or changes in the procedures for LPS to begin the 2024-2025 school year.

Explanation:
Edits:

Policy 4930 (Professional Learning Requirements)
Policy 6570.2 (Consistency in Honors Criteria)
Policy 6430.5 (Parent Advisory Council)

Proposal:
That the Board discuss recommended revisions to policies revisions.

Attachments: (3)

4930

8/5/2024 at 7:42 AM
6430-5

8/5/2024 at 7:42 AM
6570-2

8/5/2024 at 7:42 AM

9.1.4. Resolution: Proposed Legislative Position, Special Session

Rationale:

The Nebraska legislature is currently convened in a special legislative session and is considering legislation that will greatly impact Lincoln Public Schools.

Explanation:
To communicate and clarify existing Board positions during the special legislative session, consistent with its approved Legislative Guidelines for 2024-2025, the attached proposed resolution should be considered.

Based on the short special legislative session, the Board’s Governmental Relations and Community Engagement Committee and LPS staff recommend waiving the first reading and proceeding to second reading and approval of the attached statement and resolution.

Attachments: (1)

8-13-24 - LPS Board Statement & Resolution on Special Session 8.12.24 5.47p

8/13/2024 at 9:12 AM

9.2. From the Superintendent

9.2.1. Agreement with Family Service Lincoln for Mental Health Services #11058

Rationale:

It is recommended that an agreement be entered into with Family Service Lincoln to provide high-quality direct mental health services to students, their families, immigrants, and refugees referred by LPS personnel and enrolled at McPhee Elementary School, Park and Lefler Middle Schools, and Southwest, North Star, and Northeast High Schools.

Explanation
The term of the agreement begins August 12, 2024, and ends May 31st, 2025.

Family Service Lincoln (Lincoln, Nebraska) $784,647.00

A complete copy of the proposed agreement is available in the Purchasing Department.

This will be an estimated expenditure of up to $784,647.00 from the General and Federal Funds.

Proposal
The Board, by approving this Agreement with Family Service Lincoln, hereby designates the Director of Student Services 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.

9.2.2. Agreement with Blue Valley Behavioral Health for Mental Health Services #11060

Rationale:

It is recommended that an agreement be entered with Blue Valley Behavioral Health to provide high-quality direct mental health services to students and youth assistance programs referred by LPS personnel and enrolled at Adams, Beattie, Cavett, Eastridge, Fredstrom, Humann, Kooser, Rousseau, Maxey, Pyrtle, Sheridan, Zeman, Kloefkorn, Wysong, Holmes, Riley, Saratoga, Belmont, Elliott, Meadow Lane, and Roper Elementary Schools, Lux, Scott, Moore, Schoo, Park, Pound, and Schoo Middle Schools, and Northwest High School.

Explanation
The term of the agreement begins August 12, 2024, and ends May 31st, 2025.

Blue Valley Behavioral Health (Beatrice, Nebraska) $567,545.00

A complete copy of the proposed agreement is available in the Purchasing Department.

This will be an estimated expenditure of up to $567,545.00 from the General Fund.

Proposal
The Board, by approving this Agreement with Blue Valley Behavioral Health, hereby designates the Director of Student Services 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.

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. Land Sale - Wilderness Hills Park Parcel #11032

Rationale:

It is recommended that Lincoln Public Schools (LPS) approve the property purchase and sale agreement (Agreement) with the City of Lincoln for the sale by LPS of an approximately 2.25 acre portion of the real estate (Park Parcel) owned by LPS located near the intersection of Castle Pine Drive and Wilderness Hills Boulevard (Wilderness Hills Property). From time to time, LPS and the City collaborate on the location of City-owned public parks adjacent to LPS elementary school sites. The City desires to purchase the Park Parcel in order to develop a City-owned public park. The Wilderness Hills Property was originally purchased in 1998, and through a series of exchanges with the developer, is in its current configuration. LPS staff have confirmed the remaining parcel, after the sale of the Park Parcel, will be sufficient for an elementary school facility, should LPS seek to construct such a facility.

The exact legal description for the Park Parcel proposed to be sold is described in the Agreement. The Agreement calls for a sale price of $207,000.00 for the Park Parcel.

Explanation
It is recommended under policy 8314 that Regulation 3400.1 and any other relevant Policies or Regulations be suspended and that the Lincoln Public Schools Board of Education authorize and approve the Agreement and the property sale as so provided. Under Section 79-10,114, R.R.S., an affirmative vote of two-thirds (5 of 7) is required to approve this transaction, sale and conveyance of interests in the Park Parcel at this regular meeting. It is further recommended that Lincoln Public Schools approve the proposal.

The proposed Property Purchase and Sale Agreement is available from the Purchasing Department.

Proposal
That the Board approve the proposed resolution.

RESOLUTION
LINCOLN PUBLIC SCHOOLS

BE IT RESOLVED, by Lancaster County School District No. 0001, a/k/a Lincoln Public Schools ("LPS") pursuant to Policy 8314 that Regulation 3400.1 and any other relevant Policies or Regulations should be and are hereby suspended.

BE IT FURTHER RESOLVED, by LPS, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, that the Property Purchase and Sale Agreement for the approximately 2.25 acre tract of real estate located near Castle Pine Drive and Wilderness Hills Boulevard ("Agreement"), in the form on file with official LPS records and as presented at this meeting, or with such 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 District, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to take or cause to be taken all other action necessary or appropriate to complete requirements as set forth in the Agreement, to pay necessary and required closing and transaction costs and expenses, to pay other amounts due and owing the buyer, and to complete and close the sale and conveyance transaction upon satisfactory completion of due diligence, presentation by LPS of good title and an acceptable warranty deed or other necessary documents on the described property to be sold by LPS under the Agreement.

BE IT FURTHER RESOLVED, that the property sale is approved by an affirmative vote of at least two-thirds of all members of this board as required to approve this transaction, sale and conveyance of the Property at this regular meeting.

10.2. From the Superintendent

10.2.1. Electric Type-A School Buses #11016

Rationale:

Proposals were requested from interested vendors to purchase three Type A Electric school buses with 3-point safety belts for use by the Transportation Department. The buses will be replacement to the fleet. The District was awarded the Clean School Bus Rebate Program Grant. The Rebate grant will provide $265,000.00 towards the purchase of each bus.

Explanation
It is recommended that award for three electric Type A buses be made to:

Truck Center Companies (Omaha, Nebraska) $833,250.00

There was one other proposal:

Nebraska Central Equipment (Alda, Nebraska) $1,042,731.00

A complete proposal tabulation is available in the Purchasing Department.

This will be an expenditure of $833,250.00 from the General Fund.

Proposal
The Board, by approving this agenda item, is approving the purchase order and purchase from Truck Center Companies according to the terms and conditions as presented or such other or additional terms and provisions as negotiated and approved by the Director of Transportation or a designee, and the Board is hereby delegating to and authorizing the Director of Transportation or a designee to take possession of the property and to sign, execute, and deliver all necessary contract 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, administer and implement the stated purchase order and the purchase transaction as contemplated thereby, for and on behalf of this school district.

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: August 26
LPS Budget Hearing, 6:00 p.m., SJDLC
ESU 18 Public Budget Hearing, 7:00 p.m., SJDLC

August 27
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

August 13, 2024 at 6:00 PM - Board of Education Regular Meeting

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