Public Meeting Agenda: October 13, 2020 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: (1)

minutes -9-22 Board Meeting

10/2/2020 at 3:25 PM

6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS

6.1. Update - 2020 LPS Pandemic Plan & Procedures and Action if Needed

Attachments: (1)

BoardPandemicUpdate10.13.20V8 (1)

10/13/2020 at 6:02 PM

7. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

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.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
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.
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.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
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.
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.
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.

8. CONSENT AGENDA

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. Certificated Employees:
Elections - 2
Change of Status - 1
Leave of Absence - 4
Separations - 4

b. Substitute Certificated Employees:
Elections - 64
Separations - 2

c. Classified Employees:
Elections - 50
Change of Status - 4
Leave of Absence - 5
Separations - 37

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.

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 October 13, 2020, were previously provided.

                Federal Tax ACH Deposit of $6,088,492.34.

                Procurement Card ACH Transfer of $90,028.67.

                Child Support ACH Transfer of $15,452.02.

                Term Life/Disability ACH Transfer of $193,328.53.

                Vendor ACH Transfer of $45,000.00.

b. PAYROLL FOR RATIFICATION - Payroll for the periods ending September 15, 16, and 30, 2020, in the amount of $17,528,964.82.

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 the purchase of a projector and screen, polycarbonate sheets, and gloves; agreements for mental health services, behavioral health services, and a recycling drop-off site; 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 period ending October 13, 2020.

b. Payroll for the periods ending September 15, 16, and 30, 2020.

c. Gifts for Kooser, Lincoln High, and Southwest.

d. Bids/contracts/other routine business for the purchase of a projector and screen, polycarbonate sheets, and gloves; agreements for mental health services, behavioral health services, and a recycling drop-off site; and any other bids/contracts/routine business as presented.

Attachments: (1)

10-13 Gifts & Bids

10/8/2020 at 8:29 AM

8.3. Late Requests for Enrollment Option Out 2020-21

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
255906 Waverly
247633 Waverly
438968 Malcolm
300432 Norris
300431 Norris

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

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. 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:

Grandale South, Annexation Ordinance #20981, for 2020-21 school year:
Humann Elementary School, Moore Middle School, Southwest High School

Proposal
That the Board discuss the proposed attendance area assignments of the newly annexed property.

Attachments: (1)

10-13 Annexation - Attachment

10/2/2020 at 12:23 PM

9.1.2. Legislative Guidelines

Rationale:

BACKGROUND:

Each year, various federal, state, and local governmental bodies will consider legislative and administrative actions that will have an impact on Lincoln Public Schools.

EXPLANATION:

In order to communicate the positions of the Board of Education, the Board approves Legislative Guidelines that provide guidance to district staff and representatives communicating with governmental bodies.

The work of ESU #18 is essential the District’s efforts to achieve the Board's purpose and strategic goals. It is important to make it clear to the legislature and other governmental entities that the Board supports the District’s unique partnership with ESU #18 and the statewide network of ESU’s with edits to legislative guidelines #14.

Attachments: (1)

2020 Legislative Guidelines

10/7/2020 at 10:10 AM

9.2. From the Superintendent

9.2.1. Student and Staff Calendar

Rationale:

As part of the Board response to the pandemic, it has recognized the work of the professional staff in providing learning opportunities to students under unique and challenging conditions. The Board and Superintendent’s Office have tried to find ways to make adjustments that will assist the professional staff in their efforts.

Explanation
The Superintendent recommends to the Board that Monday, November 2, 2020, be adjusted from a student attendance day to a professional staff work day to give the professional staff additional planning time to continue their efforts in adapting instruction to the pandemic conditions and to students enrolled both in-person and remotely. November 2, 2020, was identified as a day approximately halfway from the current day to the end of the semester and because the following day, November 3, 2020, is already a non-student, non-staff day. By identifying November 2, 2020, as a staff-only day, it also provide families with a four-day weekend.

Proposal
That the Board discuss the Superintendent’s recommendation.

9.2.2. Library of Congress - Teaching with Primary Sources Grant

Rationale:

The Teaching with Primary Sources (TPS) Regional program through the Library of Congress promotes the widespread, sustained and effective use of primary sources in K-12 classrooms by offering grants of up to $20,000. The purpose of these grants is to incorporate TPS materials and methods into existing education and professional development programs for pre and in-service teachers, librarians, and other K-12 educators. School districts, universities, cultural institutions, library systems and other educational organizations may apply. Funds may be used for a variety of professional development options, such as workshops and academic courses, to meet programmatic needs.

Explanation
The Lincoln Public Schools Curriculum Department is working with Nebraska Wesleyan University (NWU) to develop a project that would result in enhanced social studies curriculum at the middle and high school levels. This project includes the submission of two companion grants—one by LPS and one by NWU—to the Library of Congress for professional development that results in deeper and more accurate representation of ethnic, racial and gender groups.

First, Nebraska Wesleyan University (NWU) proposes to submit a proposal to the Library of Congress for $20,000 that would allow them to deliver a week-long workshop to 24 LPS high school social studies teachers in summer 2021. The workshop will use digital resources available from the Library of Congress as the foundation of the instruction that teachers will receive. The TPS grant would pay for NWU and LPS instructor time, as well as LPS teacher time to participate in the workshop.

Second and simultaneously, LPS proposes to submit a proposal to the Library of Congress for $20,000 that would support a year-long initiative to further enhance the LPS secondary social studies curriculum. The goal will be to for teachers who attended the workshop to expand curriculum materials for greater inclusion, accuracy, and depth in teaching about the lives, contributions, and experiences of diverse ethnic, racial, and gender groups. New curriculum materials will be created during the summer of 2021 and taught in classrooms during the 2021-2022 school year. New lessons will be observed and assessed with an eye toward ensuring inclusivity and equity in the curriculum. Participating teachers will then revise lessons based on observations and student work, allowing finalized lessons to be used in middle and high school classrooms throughout the district beginning in 2022.

Proposal
The Board discuss the submission by Lincoln Public Schools of the Teaching with Primary Sources Grant application to the Library of Congress for $20,000. This grant does have a match requirement of 20%, which will be met through the in-kind donation of Curriculum Department staff in their time spent in the workshop and in assisting with curriculum development.

Both proposals are due November 1, 2020.

9.2.3. New Southeast High School Site Grading Bid Package #9877

Rationale:

Sealed proposals were requested from interested vendors to furnish all labor, materials, and equipment for mass grading and dirt work on the new Southeast High School site, in Lincoln, Nebraska per the plans as presented.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 1 (Mass Grading & Dirt work)
Gana Trucking & Excavating, Inc. (Martell, Nebraska) $1,257,816.00
Shanahan Bros. Construction, Inc. (Lincoln, Nebraska) $2,500,000.00
Commercial Contractors Equipment, Inc. (Lincoln, Nebraska) $2,752,000.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $1,257,816.00 from Bond Fund.

Proposal
The Board, by approving this project with Gana Trucking & Excavating, is approving the award, the contract documents for this project and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, and deliver the contract documents and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract and all associated documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator under this agreement.

9.2.4. New NW & SE High Schools Waterproofing & Drain Tile Package #9877-15

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Waterproofing & Drain Tile on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 15 (Waterproofing & Drain Tile)
Stutzman Sealants & Sons, LLC. (Lincoln, Nebraska) $334,894.00
Williams Restoration, Co. (Papillion, Nebraska) $374,940.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $334,894.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Stutzman Sealants & Sons, LLC., the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

9.2.5. New NW & SE High Schools Electrical Package #9877-43

Rationale:

LPS contracted with Hausmann Construction, Inc., to serve as the District’s construction manager at risk for the new high school site (Projects). Under the construction manager contract with Hausmann, Hausmann is required to competitively bid all work on the Projects. Hausmann, in conjunction and consultation with the LPS Operations Department, requested bids from interested and qualified subcontractors to furnish all labor, materials, and equipment for Electrical on the Projects per the plans as presented. Hausmann is required to award a subcontract to the lowest responsible bidder for the work, subject to approval by LPS.

Explanation
Bid Scopes and Construction Manager Recommendations:

Scope 43 (Electrical)
Gregg Electric Company (Lincoln, Nebraska)                        $12,413,000.00
Willmar Electric Services, Inc. (Lincoln, Nebraska)   $12,988,000.00
Capitol City Electric, Inc. (Lincoln, Nebraska)         $13,320,329.00
Kidwell, Inc. (Lincoln, Nebraska)                                             $14,868,488.00
IES Commercial & Industrial (Lincoln, Nebraska)     $15,844,000.00
Commonwealth Electric Company (Lincoln, Nebraska)   $15,884,600.00

A complete bid tabulation is available in the Purchasing Department.

This will be an expenditure of $12,413,000.00 from 2020 Bond fund.

Proposal
The Board, by approving this work on these Projects, is approving the award of a subcontract by Hausmann Construction to Gregg Electric Company, the contract documents for the work on these Projects and all associated documents related thereto according to the terms and conditions as on file with district records or such other or additional terms and provisions as negotiated and approved by the Associate Superintendent for Business Affairs or a designee, and the Board is hereby delegating to and authorizing the Associate Superintendent for Business Affairs or a designee to sign, execute, approve and deliver necessary contract or construction documents, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all such related documents, make all contract payments, and to take or cause to be taken any and all other action and sign any other documents as may be necessary to complete the transaction, and to administer, operate, and/or implement the contract, and any amendments, change orders, construction addenda, modifications, clarifications, adjustments or change directives and all associated construction documents related thereto on a day to day basis during this project as contemplated thereby, for and on behalf of this School District, and hereby designates the Director of Operations, or another person as selected by the Associate Superintendent for Business Affairs or a designee from time to time as its program administrator for the work on these Projects.

10. SECOND READING, RECOMMENDED FOR ACTION

10.1. From Board Committees

10.1.1. Land Acquisition, Sale, and Exchange - Spirit/Cherrywood & New SW Site Properties

Rationale:

It is recommended that Lincoln Public Schools (LPS) enter into a Property Exchange Agreement with Southwest Folsom Development, LLC, (Southwest) wherein LPS will transfer the entire approximately 62.5 acre tract of real estate near 84th and O Streets behind the State Farm office complex commonly known as Spirit Park and acquire an approximately 18.7 acre parcel of real estate generally located north of W. Old Cheney Road between SW 12th and S. Folsom Streets. If the exchange transaction is completed, Southwest will pay boot to LPS in the amount of $2,330,000.00. If Southwest exercises its due diligence option, LPS will purchase the approximately 18.7 acres from Southwest for the amount of $786,240.00, but will not transfer the approximately 62.5 acres to Southwest and will not receive payment from Southwest.

Explanation
The Planning Committee is recommending that LPS enter into the Property Exchange Agreement.

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, a Class IV School District under the laws and statutes of the State of Nebraska, at this regular meeting of its Board of Education, ("LPS"), that the Property Exchange Agreement ("Agreement") with Southwest Folsom Development, LLC, ("Southwest") involving the approximately 62.5 acre tract of LPS property located at 420 S. 84th Street, commonly known as Spirit Park, and the approximately 18.7 acre tract of Southwest property generally located north of W. Old Cheney Road between SW 12th Street and S. Folsom Street, 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, any other documents or agreements called for in such Agreement, any amendments to such Agreement, any deeds, or any other documents or agreements determined to be in the best interest of LPS, for and on behalf of LPS, and is further hereby delegated the authority and is authorized and directed to sign and deliver such Agreement, any amendments, and any related deeds of conveyance, to close the transaction, and complete and pay for all due diligence requirements, to retain and pay any engineers, environmental experts, and other necessary professionals for assistance in the purchase, sale and exchange transaction and in the site development, to pay development costs and expenses, and all transaction costs and expenses as provided in the Agreement, and to take or cause to be taken all other action necessary or appropriate to close the sale, purchase, exchange and conveyances as provided in the exchange transaction upon satisfactory completion of due diligence, presentation by Southwest of good title and an acceptable warranty deed or other necessary documents on the described property to be purchased and exchanged, received and developed by LPS under and as provided by the Agreement.

10.1.2. Policy 6443 - Parental and Family Engagement

Rationale: According to Neb. Rev. Stat. § 79-533, 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.

Attachments: (1)

Policy 6443

10/2/2020 at 11:21 AM

10.2. From the Superintendent

11. EXPEDITED/EMERGENCY ACTIONS

12. ITEM(S) REMOVED FROM CONSENT AGENDA

13. INFORMATIONAL ITEMS/REPORTS

13.1. From Board Committees

13.2. From The Career Academy

13.3. From the Superintendent

13.3.1. Superintendent Update

14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD

Rationale: October 27 - Board meeting, LPSDO, 6:00 p.m.

15. PUBLIC COMMENT

Rationale:

In the interest of maintaining the orderly decorum of the Lincoln School Board's meetings, the following rules are established for the conduct of all person attending a meeting of the Lincoln Board of Education and for those participating in public comment:

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.

No signs, posters, placards, etc. shall be affixed to the walls, doors, etc. of the Lincoln Public Schools District Office or any room therein, except by LPS staff in connection with District business and then only with permission of the Superintendent or designee.

No sign, placard, or poster which is carried by hand shall be permitted in the Lincoln Public Schools District Office building or any of its rooms.

In keeping with Board Policy 8420:

Persons speaking during Public Comment will be called forward individually by the Board Chair to the location identified for such purpose.
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.
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.
Persons wishing to appear will be heard in the order in which the Chair of the meeting determines appropriate.
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.
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.
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.

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

October 13, 2020 at 6:00 PM - Board of Education Regular Meeting

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