September 10, 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. PUBLIC HEARING ON LPS 2024-25 PROPERTY TAX REQUEST
Rationale:
The Board of Education of Lancaster County School District One, also known as Lincoln Public Schools, is conducting this special public hearing pursuant to Section 77-1632 (previously 77-1601.02) and other Nebraska laws. These laws provide that the 2024-2025 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the 2024-2025 budget which is being considered for formal adoption by the Board of Education at a later meeting. The purpose of this special public hearing is to receive testimony on the proposed property tax request. Any testimony received will be taken into consideration by the Board of Education when action is taken to approve or modify the provided property tax request prior to October 15, 2024. A notice of this special public hearing containing all statutory information has been published in a newspaper of general circulation in the School District at least four days prior to the hearing. |
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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. |
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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 September 10, 2024, were previously provided. Federal Tax ACH Deposit of $6,310,235.75. Procurement Card ACH Transfer of $189,465.67. Child Support ACH Transfer of $12,882.79. Blue Cross/Blue Shield ACH Transfer of $6,792,711.66. Vision Insurance ACH Transfer of $59,195.30. Vendor ACH Transfer of $85,000.00. b. PAYROLL FOR RATIFICATION - Payroll for the period ending August 30, 2024, in the amount of $19,114,225.17. 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 side-by-sides; supplies; dump trailer; chillers; lighting; solar panels; senior products; professional services; items listed for auction; and any other bids/contracts/routine business as presented.
Proposal
That the Lincoln Board of Education approve the following items of routine business: a. The regular claims for the period ending September 10, 2024. b. Payroll for the period ending August 30, 2024.
c. Gifts for Beattie, TCA, Dawes, Elliott, Lincoln High, Roper, Southeast, and the district.
d. Bids/contracts/other routine business for side-by-sides; supplies; dump trailer; chillers; lighting; solar panels; senior products; professional services; items listed for auction; and any other bids/contracts/routine business as presented.
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9.3. Resolution Approving Certain Staff Trainings 2024-25
Rationale:
Nebraska LB1329 requires the Board of Education to determine the reasonable length of certain staff training requirements.
Explanation: The attached resolution confirms that the training provided by Lincoln Public Schools in the areas of Behavioral Awareness, Dating Violence, and Suicide Prevention is a "reasonable length of time." While LPS offers and requires multiple other trainings throughout the school year, these three trainings are specified for Board review according to Nebraska law. Proposal: That the Board adopt the attached resolution as required by state law.
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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. 2024-25 Lincoln Public Schools Budget Adoption
Rationale:
The Board of Education held a public hearing on the 2024-25 budget on August 26, 2024.
Explanation
Staff recommends that the Board review the budget statement (Attachment One) prepared in compliance with the Nebraska Budget Act, the Tax Equity and Educational Opportunities Support Act, State Law Sections 79-1081, 79-1085, 79-10,110 and 79-10,110.01 R.R.S. Neb., et. seq., and other Nebraska laws. Staff also recommends the Board consider Attachment Two as a listing of previously identified QCPUF projects. After Board review, the following resolution will be presented for approval on September 24, 2024 as may be modified into final approval form. RESOLVED by the Board of Education of Lancaster County School District 001:
$356,662,759 - To provide for the financing of all facets of services rendered by the school district, inclusive of operations and maintenance, and further known as the General Fund. $37,311,914 - To provide for payment of interest and the retirement of the school district’s unlimited tax general obligation bonds, further known as the Bond Fund. $5,546,640 - All of the previously identified Qualified Capital Purpose Undertaking Fund projects have been completed, and as such, in full compliance with all prerequisites, approved itemized estimates, procedures and requirements as provided by Sections 79-10,110 R.R.S. Neb., et. seq. and other Nebraska laws, sometimes known as the Qualified Capital Purpose Undertaking Fund laws, to provide for the payment of principal and interest on bonds issued in accordance with such laws for (a) environmental hazard abatement and accessibility barrier elimination projects; (b) Qualified Zone Academy Bond projects; (c) American Recovery and Reinvestment Act of 2009 Academy Bond projects; and (d) building modifications to address life safety code violations, indoor air quality, and mold abatement/prevention.
Proposal
That the Board review and discuss the 2024-25 budget statement, itemized estimate, and resolution. Please note that the numbers presented are preliminary and subject to change before actual adoption.
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10.1.2. 2024-25 Lincoln Public School Base Growth Percentage Increase
Rationale:
To authorize a four percent increase to the base growth percentage to the property tax request authority of Lincoln Public Schools pursuant to state law.
Explanation
Pursuant to Neb. Rev. Stat. § 79-3403, year-over-year growth of a public school district’s property tax request authority generally is limited to a base growth percentage prescribed by statute. Section 79-3405, authorizes a school board, by an affirmative vote of at least seventy percent of the school board, to exceed the base growth percentage by specified percentage amounts. Because LPS average daily student enrollment exceeds 10,000 students, LPS may exceed the base growth percentage by 4%. Staff recommends that the resolution below be adopted to increase the base growth percentage to the property tax request authority. A seventy percent majority vote of the entire board is required. State Aid to LPS for 2024-25 decreased by $32,422,664. The 4% increase exceeding the base growth percentage is necessary to replace the dollars lost from state funding due to valuation increases. The proposed total general fund revenue budget for LPS is increasing by 1.11%. Proposal That the Board of Education discuss the resolution proposed below as may be modified into final approval form: 2024-2025 BASE GROWTH PERCENTAGE INCREASE
PURSUANT TO NEB. REV. STAT § 79-3405 FOR Lancaster County School District No. 0001, a/k/a Lincoln Public Schools WHEREAS, public notice of the proposed increase to the base growth percentage for Lancaster County School District No. 0001, a/k/a Lincoln Public Schools (hereinafter "the District") in full compliance with all provisions of Neb. Rev. Stat. § 79-3405 and other Nebraska laws was published in a legal newspaper of general circulation in the District at least one week prior to this Board meeting. WHEREAS, Neb. Rev. Stat. § 79-3403 generally limits a public school district’s property tax request authority, subject to limited exceptions; and WHEREAS, Neb. Rev. Stat. § 79-3405 includes an exception to generally allow a school district to otherwise exceed the default property tax request authority if at least seventy percent of the Board of Education votes in favor of the increased request; and WHEREAS, a board of education of a school district with an average daily membership of more than ten thousand students may increase its tax request by an additional four percent above the base growth percentage; and WHEREAS, the District’s average daily membership is more than ten thousand students; and WHEREAS, due to student and staffing needs and the need to maintain its budgetary obligations, the Board of Education (hereinafter "the Board") of the District hereby desires to increase its base growth percentage by an additional four percent or other maximum amount as permitted by law; and; NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Lancaster County School District No. 0001 a/k/a Lincoln Public Schools, that, pursuant to Neb. Rev. Stat. § 79-3405 or other Nebraska law, at least seventy percent of the Board of this District affirmatively votes to increase to the District’s overall property tax request authority by an additional four percent above the base growth percentage, or other maximum amount as permitted by law. BE IT FURTHER RESOLVED THAT the Associate Superintendent for Business Affairs, or designee, is hereby authorized and directed to take any action consistent with this Resolution to ensure that the District’s overall property tax request complies with this Resolution. |
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10.1.3. 2024-25 Lincoln Public Schools Property Tax Request
Rationale:
Proper advance notice was given and a special public hearing was held on whether the School District should exceed its property tax request from the prior year (Attachment One).
Explanation
Pursuant to Section 77-1632 (previously 77-1601.02) and other Nebraska laws, the 2024-2025 property tax request may not exceed the School District’s property tax request from the prior year, unless the School District first holds a special public hearing and then passes a resolution that includes all requirements of the statutes. The prior year’s property tax request would not correctly fund the proposed 2024-2025 budget which is to be formally adopted by the Board of Education. Attachment Two reflects last year’s property tax rates, this year’s initial estimate, and the property tax rates for 2024-2025. Pursuant to Section 77-1633 and other Nebraska laws, the District also attends the special county joint public hearing as appropriate. Staff recommends that the resolution below be adopted so that the 2024-2025 budget may be funded as adopted. A simple majority vote is required. Proposal That the Board of Education discuss the resolution proposed below as may be modified into final approval form: 2024-2025 TAX REQUEST RESOLUTION
FOR Lancaster County School District No. 0001, a/k/a Lincoln Public Schools WHEREAS, public notice was given at least four calendar days in advance of a Special Public Hearing called by the Board of Education (hereinafter "the Board") of Lancaster County School District No. 0001, a/k/a Lincoln Public Schools (hereinafter "the District") in full compliance with all provisions of Section 77-1632 (previously 77-1601.02) and other Nebraska laws for the purpose of providing an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing on the issue of whether the District’s 2024-2025 school fiscal year property Tax Requests should exceed the District’s property Tax Requests from the prior year to be taken into consideration by the Board when discussing and approving or modifying the District’s property Tax Requests for the 2024-2025 school fiscal year for as applicable the General Fund, Special Building Fund, the various Bond Funds, and Qualified Capital Purpose Undertaking Fund of the District; and WHEREAS, such Special Public Hearing was held before the Board of the District at the time, date, and place announced in the notice published in a newspaper of general circulation in the area of the District, a copy of which notice and/or a proof of publication is attached hereto as Attachment One, all as required by law; and, WHEREAS, to the extent the District’s property Tax Requests are more than the allowable growth percentage, the District confirms its full compliance with all of its mandated requirements under Section 77-1633 and other Nebraska laws; and, WHEREAS, Attachment One also contains District information including the amount of the property tax request, in total and separately for all District funds and Attachment Two contains estimated and actual proposed levy rates; and, WHEREAS, the Board provided an opportunity to receive public comment, information and evidence from persons in attendance at such Special Public Hearing and due consideration is given to such as part of this action; and, WHEREAS, the total assessed value of the District property differs from last year's total assessed value for the General Fund, Special Building Fund and Qualified Capital Purpose Undertaking Fund by 3.8455%, for the 2006 Bond Fund by 3.3326%, for the 2014 Bond Fund by 3.3692%, and for the 2020 Bond Fund 3.6861%, all as detailed more fully in Attachment One as attached; and, WHEREAS, the tax rate which would levy the same amount of property taxes as last year, when multiplied by the new total assessed value of property, would be $1.030787 per $100 of assessed value, all as detailed more fully in Attachment One; and, WHEREAS, the District proposes to adopt a property Tax Request that will cause its tax rate to be $1.109149 per $100 of assessed value, all as detailed more fully in Attachment One; and, WHEREAS, based on the proposed property Tax Request and changes in other revenue, the total operating budget of the District will decrease by 3 percent, all as detailed more fully in Attachment One; and, WHEREAS, upon adoption of the District’s 2024-2025 school fiscal year budget and review of the District’s Tax Requests for each of the District’s funds, giving due consideration to public comment on the matter, the Board will determine the Final Tax Requests as listed below as are necessary in order to carry out the functions of the District, as determined by the Board in order to correctly fund the budget for the 2024-2025 school fiscal year. NOW, THEREFORE, BE IT RESOLVED by the Board of Education of Lancaster County School District No. 0001 a/k/a Lincoln Public Schools that all findings, determinations and the attached Attachment One and Attachment Two as set forth above all of which are hereby adopted, incorporated herein, and made a part of this action and resolution by this reference. BE IT FURTHER RESOLVED that the Board hereby approves and adopts the District’s 2024-2025 school fiscal year property Tax Requests, including the county’s collection fee and any delinquent tax allowances and that (1) the Tax Request for the General Fund should be, and is hereby set at $360,265,410; (2) the Tax Request for the Special Building Fund should be, and is hereby set at $0; (3) the Tax Request for the 1999 Bond Fund should be, and is hereby set at $0; (4) the Tax Request for the 2006 Bond Fund should be, and is hereby set at $13,486,217; (5) the Tax Request for the 2014 Bond Fund should be, and is hereby set at $8,112,327; (6) the Tax Request for the 2020 Bond Fund should be, and is hereby set at $16,090,257; and the (7) Tax Request for the Qualified Capital Purpose Undertaking Fund should be, and is hereby set at $5,602,667; all as totaled and detailed more fully in Attachment One as attached. BE IT further resolved that if updated valuation, budget, levy, or other pertinent information is subsequently received by Lincoln Public Schools or by Lancaster County, Lincoln Public Schools, its administration, and the County shall adjust the property tax request to reflect the updated information through appropriate administrative actions or pursuant to State Law Sections 77-1601 and other Nebraska laws. Member _______________ moved to approve and adopt the above resolutions, findings and tax request and member _______________ seconded the same on this ___ day of _____________, 2024. After discussion the Record and Roll Call vote of the governing body was as follows:
The undersigned herewith certifies, as Secretary of the Board of Education of Lancaster County School District 0001 a/k/a Lincoln Public Schools, that the above Resolutions, Findings, Determinations, and Tax Request(s) was duly adopted by a majority of said Board at a duly constituted public meeting of said Board, held in full compliance with the Nebraska Open Meetings law. __________________________ Secretary
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10.1.4. 2024-25 Board of Education and Superintendent Annual Goals and Priorities
Rationale:
Annually, the Board of Education evaluates the Superintendent and develops Annual Priorities for the Superintendent for the coming school year.
Explanation: Nebraska law and Lincoln Public Schools policy require the Board of Education to evaluate its Superintendent of Schools each year. Completed evaluations are confidential reports that are placed in and become part of the Superintendent's personnel file (Section 79-8,109). The 2024-25 Board of Education and Superintendent Annual Goals and Priorities are presented below for consideration and adoption.
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10.2. From the Superintendent
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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. 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 approve the proposed attendance area assignments of the newly annexed property.
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11.1.2. 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 approve reaffirming Policy 6443.
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11.1.3. 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 approve the option resolution and option enrollment capacity limits for the 2025-26 school year.
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11.2. From the Superintendent
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11.2.1. 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. |
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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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15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
September 12: TCA Joint Board Meeting, 9:30 a.m., TCA
September 19: Pink Post Card Hearing, 6:30 p.m., LNS September 24: Board & ESU 18 Meeting, 6:00 p.m., SJDLC |
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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. |
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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.
Explanation |
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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. |
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18. ADJOURNMENT
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