August 24, 2021 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:  By September 1, 2021, present to the Board of Education specific measurables to assess disparities in student learning outcomes, students’ school experience, and the composition of certified personnel. By April 1, 2022, present to the Board of Education a plan to reduce these disparities and achieve more equitable outcomes.

 

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:

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:

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:
          Election - 1

b.  Certificated Employees:
          Elections - 4
          Change of Status - 8
          Re-Elect, Same Assignment - 2
          Leave of Absence - 11
          Separations - 6

c. Certificated Substitute Employees:
          Elections - 9

d.  Classified Employees:
          Elections - 31
          Change of Status - 19
          Separations - 42

e.  Other:
           Employment of Family Member - 1

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 9, 2021, the Board adopted a resolution to accept option enrollment students for the 2021-22 school year.  Applications for enrollment during the 2021-22 school year have been received and are in compliance with the Board resolution of February 9, 2021.  

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 9, 2021.  Staff recommends approval of the applications.

Proposal   
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 428121, 251024 and 254755 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 9, 2021, 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, 2021, 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 2021-22 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, 2021, 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 district for their approval.

Student Number            Option District
400208                                Raymond
250034                                Raymond
444636                                Raymond
430612                                Waverly
263176                                Raymond
405827                                Raymond
263803                                Raymond

Proposal  
That the Board approve the requests for option out for the 2021-22 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: 

1. That the following is the Board’s estimate of the total amount under its adopted budget statement to be received by the district from taxation of the taxable property within the school district for the fiscal year beginning September 1, 2021, and ending August 31, 2022, namely:

2. That the County Commissioners of Lancaster County be requested and directed to levy and collect for said mentioned purposes the tax rate necessary to produce $328,282,664, after the county’s tax collection fee has been deducted, the same as other property taxes are levied and collected.

3. That the officers of the Board be directed to report the action of the Board of Education to the County Commissioners of Lancaster County (in their capacity as the levying board) and to the Auditor of Public Accounts not later than September 20, 2021, in accordance with State Law Section 13-508 R.R.S. Neb., and that the officers be further directed to report the action of the Board to the Lancaster County Clerk in accordance with State Law Section 79-1083 R.R.S. Neb.

4. That the 2021-22 budget as presented and all supporting documents (copies of which are on file with official district records and which are hereby incorporated herein by this reference as though set forth in full) as developed by the administration are hereby approved and adopted.

5. That the administration is hereby authorized to take all action necessary to implement the adopted budget herein, and to make any necessary changes or adjustments as required by Nebraska laws to properly reflect such adopted budget statement hereby approved, due to assessed valuation certifications or re-certifications or such other matters which require necessary fiscal adjustments to complete the budgeting process for the 2021-22 fiscal year adopted budget and budget statement hereby approved.

6. That the officers of the Board be directed to make and deliver to the County Clerk, not later than September 20, 2021, the approved itemized estimate of the amounts necessary and period of years to repay the principal and interest on bonds issued in accordance with § 79-10,110, et. seq., and other laws.

7. That in accordance with Section 003.04C of Title 92, Nebraska Administrative Code, Chapter 2, Section 79-1070 R.R.S. Neb., and other Nebraska laws and regulations, the Board authorizes that at any time during the 2021-22 school fiscal year there is temporarily insufficient money in any of the particular funds detailed in section 1 of this resolution, or in any of the funds of a "blended component unit" of the district as such term is defined in the Governmental Accounting Standards Board Statement 14, the Associate Superintendent for Business Affairs or a designee may transfer money from other funds to such fund, such transfer to be considered a loan subject to repayment as soon as funds are available to do so.

Rationale: 

Rationale:  For 26 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, 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, Boiler and Machinery insurance, and the third party claims handling service for property/liability through the Arthur J. Gallagher (AJG) Company and UNICO, the LPS insurance consulting and brokering firm.  The 2021-22 rates are attached for review.

Rationale: 

Rationale:  The National Center for Families Learning was awarded a federal grant through the U.S. Department of Education in 2018 under the Parental Information and Resource Centers (PIRC) Program to establish the Nebraska Statewide Family Engagement Center to develop and replicate Family Literacy programs across the state.  Lincoln Public Schools was an initial partner in this program, with a three-year subaward to implement the four-component evidence-based Family Literacy model already used by the district.  This program has been extremely successful in collecting additional evidence of the success of this model, and LPS was able to develop a new partnership with the Nebraska Children and Families Foundation, which serves as the sponsor of the Nebraska Statewide Family Engagement Center.

Explanation
The National Center for Families Learning is now receiving funding through Elementary and Secondary School Emergency Relief Funds (ESSER) from the Nebraska Department of Education to continue this programming for two additional years.  NCFL would like to extend the subaward with Lincoln Public Schools for these two years to continue implementing programming within our school system, and will continue its fundraising efforts in hopes of extending the program even further.

Rationale: 

Rationale:  September 1 - Chamber Coffee, 8:00 a.m., Chamber Office
September 6 - Holiday, LPS Closed
September 10 - Board & ESU 18 Meeting, 6:00 p.m., LPSDO

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:

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:

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.