August 27, 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. |
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. PUBLIC HEARING ON POLICY 6443 - PARENTAL AND FAMILY ENGAGEMENT
Rationale:
The next item on our agenda this evening is the Public Hearing on the Lincoln Public Schools Parental and Family Engagement and Parental Involvement Policy.
Staff Presentation on Policy 6443. The Board President opens this public hearing before the Board of Education of Lincoln Public Schools. This hearing is being conducted under the provisions of the Nebraska Parental Involvement Act and other Nebraska and Federal laws. The purpose of this hearing is to receive input regarding proposed Policy 6443. The input received in this hearing will be taken into consideration by the Board when we take action on proposed Policy 6443. |
6. 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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7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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8. 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. |
9. CONSENT AGENDA
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9.1. 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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9.2. 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 27, 2024, were previously provided. Federal Tax ACH Deposit of $36,835.27. State Tax ACH Deposit of $1,040,303.47. Procurement Card ACH Transfer of $221,496.62. Child Support ACH Transfer of $308.50. Term Life/Disability ACH Transfer of $182,208.99. Retirement ACH Transfer of $5,995,750.02. Vendor ACH Transfer of $14,665.04. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending August 6 & 15, 2024, in the amount of $186,532.87. 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 heat pumps; subscriptions; generators; water heaters; retrofit; filters; maintenance; services; MOU; survey; CLC agreement; 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 27, 2024. b. Payroll for the periods ending August 6 & 15, 2024.
c. Gifts for the district.
d. Bids/contracts/other routine business for heat pumps; subscriptions; generators; water heaters; retrofit; filters; maintenance; services; MOU; survey; CLC agreement; items listed for auction; and any other bids/contracts/routine business as presented.
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10. 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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10.1. From Board Committees
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10.1.1. Newly Annexed Property to the City of Lincoln
Rationale:
The Board of Education assigns school attendance areas to property newly annexed to the City of Lincoln or newly platted. This action establishes school attendance areas prior to the sale of residential lots, allowing purchasers to know what schools their children will attend.
Explanation
The City of Lincoln has annexed a parcel of land, which automatically brings this property into the district of Lincoln Public Schools. This property needs to be assigned attendance centers so that potential purchasers of homes in this area will know which schools they will be attending: Highland View, Annexation Ordinance #21640, for 2024-25 school year: Kooser Elementary, Schoo Middle School, and North Star High School. Proposal That the Board discuss the proposed attendance area assignments of the newly annexed property.
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10.1.2. Policy 6443 - Parental and Family Engagement
Rationale:
According to Neb. Rev. Stat. § 79-533 and other Nebraska and Federal laws, the board must hold a public hearing on its parental involvement and engagement policy. After the hearing, the Board must either alter and adopt the revised policy or reaffirm it as written.
Explanation: The Student Learning and Technology Committee reviewed Policy 6443 and recommends the current policy be reaffirmed. Proposal: That the Board discuss reaffirming Policy 6443.
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10.1.3. Resolution for Option Enrollment Students 2025-26
Rationale:
Nebraska students may attend a school other than the one in the district in which they reside under the option enrollment statutes.
Explanation The attached option resolution would admit any K-12 option students who meet the statutory and legal conditions and whose application is received by August 1, 2025. Under state law LB414/705, school districts are required to adopt option enrollment capacity limits by October 15 for the following school year. Option enrollment capacity limits for the 2025-26 school year are attached and will be published on the district’s website (Appendix 1 of Policy 5119). The resolution specifies the circumstances under which late-filed applications would be accepted. Proposal That the Board discuss the option resolution and option enrollment capacity limits for the 2025-26 school year.
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10.2. From the Superintendent
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10.2.1. Interlocal Cooperation Act Agreement for School Resource Officers and Threat Assessment Officer #11075
Rationale:
It is recommended that an agreement be entered into with the City of Lincoln for providing 14 School Resource Officers and a Threat Assessment Officer for the period September 1, 2024, through August 31, 2025. The agreement may be renewed for additional one-year periods upon mutual written agreement of the parties. The Resource Officers are assigned to LPS middle and high schools and the Threat Assessment Officer is assigned to the district. The Officers assist with the education of students, assist staff, and facilitate communication between LPS and LPD. School Resource Officers take appropriate law enforcement action when situations arise requiring the exercise of police authority.
Either the City or Lincoln Public Schools may terminate this agreement without cause by giving the other party sixty (60) days’ written notice. Explanation This will be an expenditure of $711,193.66. In no calendar year shall the cost per officer per year payable by LPS be greater than such cost in the prior year, compounded by a growth limitation of 5 percent per calendar year. The increase for 2024 is 4.96 percent. This expenditure will be from the General Fund. Proposal
The Board, by approving this agenda item, is also consenting to and approving this Interlocal Agreement with the City of Lincoln and any associated documents related thereto according to the terms and conditions as presented or such other or additional terms and provisions as hereinafter negotiated and approved by the Associate Superintendent for Business Affairs or a designee; and the Board is further hereby delegating to and authorizing the Superintendent, Associate Superintendent for Business Affairs or a designee to sign and deliver this Interlocal Agreement 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 implement and administer the Agreement on a day to day basis; to sign and deliver any renewal Agreement’s or to terminate the same as contemplated thereby and determined appropriate, for and on behalf of this school district, and unless otherwise provided by the agreement hereby designates the Director of Security, or another person as selected by the Superintendent, or the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement. |
10.2.2. Agreement with Educare of Lincoln #11077
Rationale:
It is recommended that Lincoln Public Schools enter into an agreement with Educare of Lincoln. Through the LPS Sixpence Endowment Grant received for 2024-2025, LPS will contract with Educare of Lincoln for services in five of the Infant Toddler classrooms located at Educare of Lincoln.
Explanation
The term of the agreement begins July 1, 2024, and ends June 30, 2025. Educare of Lincoln (Lincoln, Nebraska) $573,204.00 A complete copy of the proposed agreement is available in the Purchasing Department. This will be an estimated expenditure of up to $573,204.00 from the Special Grant Fund, with Educare of Lincoln providing matching funds up to $573,204.00. Proposal The Board, by approving this Agreement with Educare of Lincoln, hereby designates the Director of Early Childhood 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. |
10.2.3. 2024-25 Insurance Rates
Rationale:
For 28 years, Risk Management has arranged for the district’s insurance coverage through an Owner Controlled Self-Insurance program. The advantages of self-insurance are: 1) lower premiums, 2) district holds funds [in the Insurance Fund] until needed to pay claims, 3) district legal counsel is involved in all lawsuits, 4) all claim settlements are approved by the district, and 5) LPS staff and legal counsel are involved in claims from the beginning.
The LPS insurance broker, UNICO, provides Risk Management with a report comparing the estimated premium costs for standard insurance coverage to the actual Owner Controlled Protected Self-Insurance program costs and estimates a savings to the district of more than one million dollars per year in premium costs alone. Explanation: Risk Management annually solicits quotes for all property and all liability insurance coverage, as well as excess Workers’ Compensation insurance coverage and Boiler and Machinery insurance through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm. The 2024-25 rates are attached for review.
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11. SECOND READING, RECOMMENDED FOR ACTION
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11.1. From Board Committees
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11.1.1. 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. |
11.1.2. 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. |
11.1.3. 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) Regulation 6570.2 (Consistency in Honors Criteria) Regulation 6430.5 (Parent Advisory Council) Proposal: That the Board approve the recommended revisions to Policy 4930. |
11.2. From the Superintendent
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12. EXPEDITED/EMERGENCY ACTIONS
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13. ITEM(S) REMOVED FROM CONSENT AGENDA
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14. INFORMATIONAL ITEMS/REPORTS
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14.1. From Board Committees
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14.2. From Special Appointments
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14.3. From the Superintendent
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14.3.1. Superintendent Update
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14.3.2. 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 July 31, 2024, is attached. Proposal Information item; no Board action required.
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15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
August 29: 2024 Federal Legislative Summit, 8:00 a.m., Ashland, NE
September 2: Holiday, LPS Closed September 4: Chamber Coffee, 8:00 a.m., Chamber Office September 10: LPS Board Meeting & ESU 18 Board Meeting, 6:00 p.m., SJDLC |
16. 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. |
17. 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.
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17.1. 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. |
18. ADJOURNMENT
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