July 28, 2020 at 6:00 PM - Board of Education Regular Meeting

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.

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.

Rationale: 

*Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings.  This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board. 

In keeping with Board Policy 8420:

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 five minutes will be allotted for any speaker. 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.
3. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
4. Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
5. 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.
6. If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
7. Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

Rationale: 

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 Employees:
          Elections - 1

b.  Certificated Employees:
         Elections - 18
         Change of Status - 12
         Leave of Absence - 2
         Re-Elect, Same Assignment - 9
         Separations - 14
  
c.  Substitute Certificated Employees:
          Elections - 9
          Separations - 190

d.  Classified Employees:
          Elections - 39
          Separations - 50

Other:
e.  Settlement Agreement with Jacobbe Patterson
f.  Settlement Agreement with Asia Williams
g.  Settlement Agreement with Cedrick Baker
h.  Settlement Agreement with April Williams

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.

Rationale: 

Rationale:  On February 11, 2020, the Board adopted a resolution to accept option enrollment students for the 2020-21 school year.  Applications for enrollment during the 2020-21 school year have been received and are in compliance with the Board resolution of February 11, 2020.  

Explanation 
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of February 11, 2020.  Staff recommends approval of the applications.

Proposal   
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 438019, 426798, 430545, 438021, 301258 and 438033 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 11, 2020, with regard to such option students;

THEREFORE, BE IT RESOLVED that the aforementioned students be accepted as option students 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.

Rationale: 

March 15, 2020, was the deadline for enrollment option applications to be completed for students wishing to attend school in a district other than the one in which they reside for the 2020-21 school year.  The Lincoln Public Schools Board of Education has authority to waive the deadline for late enrollment option requests (NDE Rule 7, Section 004.05).    

Explanation  
Requests from students who reside in the district of Lincoln Public Schools and wish to attend school outside of Lincoln Public Schools have been received after the March 15, 2020, deadline.  The Lincoln Board of Education may deny or approve these requests.  If the requests are approved by the Board of Education, they will be forwarded to the option school districts for their approval.

Student Number            Option District
278771                             Omaha
257392                             Omaha
227041                             Waverly
434759                             Norris
434221                             Norris
437626                             Seward
437629                             Seward
238761                             Raymond
435018                             Elmwood/Murdock
292519                             Elmwood/Murdock
438015                             Waverly
415461                             Waverly
279166                             Raymond
227102                             Waverly
413968                             Waverly

Proposal  
That the Board approves the requests for option out for the 2020-21 school year.

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.

Rationale: 

Rationale: 

Explanation

Nebraska law and Lincoln Public Schools policy require that the Board of Education evaluate its Superintendent of Schools each year.  Completed evaluations are confidential reports that are placed in and become a part of the Superintendent's personnel file (Section 79-8,109).

The 2020-21 Board of Education and Superintendent’s Annual Goals and Priorities are presented below for consideration at this meeting.

1. By August 2020, develop and implement a pandemic operational plan where students learn safely and effectively and is responsive to evolving circumstances.
2. Strengthen equity, diversity, and inclusion within Lincoln Public Schools and provide an update to the Board by April 15, 2021.

Rationale:  The Board of Education of Lincoln Public Schools annually reviews and approves Policy 5520 to ensure that its policy is in accordance with the Public Elementary and Secondary Student Fees Authorization Act. Revisions to Policy 5520 and Appendix 1 for the 2020-2021 school year were approved by the Board of Education on April 28, 2020.

The district’s general policy is to provide for the free instruction in school in accordance with the Nebraska Constitution and state and federal law.  This generally means that the district’s policy is to provide free instruction for courses that are required by state law or regulation and to provide the staff, facility, equipment, and materials necessary for such instruction without charge or fee to the students.

The district does provide activities, programs, and services to children that extend beyond the minimum level of constitutionally required free instruction. Students and their parents have historically contributed to the district’s efforts to provide such activities, programs, and services. The district’s general policy is to continue to encourage and to the extent permitted by law, to require such student and parent contributions to enhance the educational program provided by the district.

Explanation
With the requirement that students wear face coverings during the 2020-2021 school year, it is recommended that one addition be made to Policy 5520 Appendix 1 to reflect this new requirement.

Proposal
That the Board discuss revisions to Policy 5520 and Appendix 1.

Rationale:  The Board of Education must approve all salary schedules/pay rates for the employees of Lincoln Public Schools.

Attached are the 2019-20 pay rates for substitute and miscellaneous employees and the proposed 2020-21 pay rates for such employees.

The recommended salary increase is zero percent for all substitute and miscellaneous employee groups as attached.  The determination of the recommended salary is made in conjunction with the supervisor of that employee group and an assessment of the availability of candidates for the positions.

Rationale:  Explanation
The monthly financial report for the month ending June 30, 2020, is attached. Proposal
Information item; no Board action required.

 

Rationale:  August 11: Board Meeting, LPSDO, 6:00 pm

Rationale: 

*Face coverings that cover the nose and mouth are required for all individuals attending Lincoln Board of Education meetings.  This requirement is in alignment with the recommendations of the Lincoln Lancaster County Health Department for individuals in public settings and to protect other participants at the Board meeting who may be at higher risk or more vulnerable to COVID-19. When participating in public comment you may only remove your face covering while at the podium and addressing the board. 

In keeping with Board Policy 8420:

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 five minutes will be allotted for any speaker. 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.
3. Each individual speaking to the Board will be required to identify himself or herself prior to giving public comment. A "Record of Appearance" card is provided for this purpose.
4. Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
5. 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.
6. If the number of people wishing to speak under the public participation portions of the agenda is large, the chair may rule that a public hearing be scheduled or the discussion be limited on the issue in question.
7. Persons speaking to the Board during public comment may make printed materials available to the Board but may not use any other form of media.

If at any time persons appearing before the Board exceed the time limitations set forth in this policy or on the agenda or if persons appearing before the Board or who are present at the Board meeting or public hearing become abusive in language or behavior, it shall be the responsibility of the chair to declare that person or persons out of order and to refuse permission to continue to address the Board, require a change in behavior and may require the person or persons to leave the premises of the Board meeting.

Rationale: 

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.

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.