May 10, 2022 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: 

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:
          Elections - 1
    
b. Certificated Employees:
          Elections - 10
          Change of Status - 2
          Leave of Absence - 12
          Re-Elect, Same Assignment - 4
          Separations - 20

c.  Certified Substitute Employees:
          Elections - 19
           Separations - 2

d.  Classified Employees:
           Elections - 19
           Separations - 24

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 January 25, 2022, the Board adopted a resolution to accept option enrollment students for the 2022-23 school year.  An application for enrollment during the 2022-23 school year has been received and is in compliance with the Board resolution of January 25, 2022.  

Explanation 
The application included in this agenda item has been examined by staff and meets one of the criteria set forth by the Board in the resolution of January 25, 2022.  Staff recommends approval of the application.

Proposal   
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 262711, 251726 and 449427 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 25, 2022, 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, 2022, 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 2022-23 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  
A request from a student who resides in the district of Lincoln Public Schools and wishes to attend school outside of Lincoln Public Schools has been received after the March 15, 2022, deadline.  The Lincoln Board of Education may deny or approve this request.  If the request is approved by the Board of Education, it will be forwarded to the option school district for their approval.

Student Number            Option District
426814                               Norris

Proposal  
That the Board approve the request for option out for the 2022-23 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.

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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.

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
Revisions to Policy 5520 reflect changes to fees and the fee waiver eligibility to address changes in cost while remaining in compliance with all applicable laws.

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

Rationale: 

1. Regular Instructional Program:

2. Specialized Services for Special Education Programs:

Rationale:  May 11: LPS Retirement Celebration, 7:00 pm, LNS
May 12: LEA Retirement Celebration, 5:00 pm Havelock Social Hall
May 16: Board Organizational Meeting, 6:00 pm, LPSDO
May 18: LNE Homebuilding Project, 4:00 pm, 5701 Ballard Ave
May 19:
Yankee Hill Graduation, 9:00 am, Yankee Hill
Independence Academy Graduation, 6:30 pm, TCA
May 24: Board Meeting, 6:00 pm, 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.