January 10, 2023 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. 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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6. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
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6.1. Staff Celebration: Mindy Burbach, Director of Communications, was Honored with the 2022 Friend of Journalism Award by the Nebraska High School Press Association
Rationale:
Lincoln Public Schools staff perform exceptionally every day. Periodically, LPS staff are recognized at the state, regional or national level. It is important for the Board to recognize these high achievements to honor the staff members and for the community to be aware of these honors, so they can join in the celebration of the great staff that serves the students and families in the community.
Explanation: Mindy Burbach, LPS Director of Communications, was honored with the Nebraska High School Press Association Friend of Journalism Award. The NHSPA’s Friend of Journalism award honors individuals from "professional media, high school administration, local Nebraska communities or Nebraska colleges who significantly supported scholastic journalism." In nominating Ms. Burbach for the award, journalism sponsor Brandi Benson wrote: "I do not know if she is aware of the impact featuring student work has on our student journalists, but it is immeasurable. The look on our students' faces when they click on the LPS home page and can see their work featured for the world to see is priceless. It is a real-world experience that students share with family and friends and will remember for years to come." Beyond sharing the voices of LPS students on the LPS website and social media accounts, Ms. Burbach also serves as a resource for student journalists and posts stories highlighting their work. |
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6.2. Staff Celebration: Sara Parkening named the 2022 Nebraska French Teacher of the Year by the Nebraska International Language Association (NILA) and the Nebraska Association of Teachers of French (NATF)
Rationale:
Pound Middle School French Teacher Sara Parkening was honored as the 2022 Nebraska French Teacher of the Year by the Nebraska International Language Association (NILA) and the Nebraska Association of Teachers of French (NATF). The Nebraska International Languages Association is a professional organization dedicated to supporting and promoting the teaching of languages in the state of Nebraska. Anyone actively engaged in teaching a world language at any level of education in Nebraska is eligible for membership. The organization annually recognizes outstanding Nebraska educators and supporters of world language education at its fall conference.
Explanation: Sara Parkening teaches French at Pound Middle School and was recently awarded the 2022 Nebraska French Teacher of the Year by the Nebraska International Language Association (NILA) and the Nebraska Association of Teachers of French (NATF). LPS Language Curriculum Specialist Kate Damgaard wrote: "Sara is a champion for World Languages. Her peers value her expertise in creating strong World Language programming and students become excited about taking World Language because of the fun they have in exploring French." |
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6.3. Staff Celebration: Coral Su, North Star High School teacher, was named the 2022 Nebraska Chinese Teacher of the Year by the Nebraska International Language Association (NILA) and the Chinese Language Teachers of America - Nebraska Chapter (CLTA-NE)
Rationale:
North Star High School Teacher Coral Su was honored as the 2022 Chinese Teacher of the Year by the Nebraska International Language Association (NILA) and the Chinese Language Teachers of America - Nebraska Chapter (CLTA-NE). The Nebraska International Languages Association is a professional organization dedicated to supporting and promoting the teaching of languages in the state of Nebraska. Anyone who is actively engaged in teaching world language at any level of education in Nebraska is eligible for membership. The organization annually recognizes outstanding Nebraska educators and supporters of world language education at its fall conference.
Explanation: Coral Su teaches Chinese at North Star High School and was recently awarded the 2022 Nebraska Chinese Teacher of the Year by the Nebraska International Language Association (NILA) and the Chinese Language Teachers of America - Nebraska Chapter (CLTA-NE). LPS Language Curriculum Specialist Kate Damgaard wrote: "Coral Su is an advocate for teaching Chinese and works diligently to support students at both the middle and high school levels. Coral Su's positivity and belief in all her students shines through." |
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7. 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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8. CONSENT AGENDA
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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: Proposal: 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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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 January 10, 2023, were previously provided. Federal Tax ACH Deposit of $6,414,831.85. State Tax ACH Deposit of $1,004,244.51. Procurement Card ACH Transfer of $182,536.75. Child Support ACH Transfer of $12,506.50. Blue Cross/Blue Shield ACH Transfer of $6,278,594.73. Term Life/Disability ACH Transfer of $175,994.46. Retirement ACH Transfer of $5,575,765.13. Vision Insurance ACH Transfer of $57,023.43 Vendor ACH Transfer of $20,807.64. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending December 6, 15, and 23, 2022, in the amount of $18,698,279.98. 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 aggregate; furniture; AV upgrades; equipment and supplies; grant agreement; CLC agreements; infrastructure change order; site sale; 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 period ending January 10, 2023. b. Payroll for the periods ending December 6, 15, and 23, 2022.
c. Gifts for Dawes, North Star, Southwest, and the district.
d. Bids/contracts/other routine business for aggregate; furniture; AV upgrades; equipment and supplies; grant agreement; CLC agreements; infrastructure change order; site sale; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Application for 2022-23
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 450212, 450504, 450503 and 450256 (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.
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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.
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9.1. From Board Committees
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9.1.1. 2022-23 Mid-Year Appraisal of the Superintendent of Schools
Rationale:
One of the most important responsibilities of the Lincoln Board of Education is the evaluation of the Superintendent of Schools. To facilitate the effective and efficient evaluation of the Superintendent, the Board will utilize an annual appraisal timeline except for the first year of employment.
During the first year of employment, the Superintendent will be evaluated twice pursuant to Policy 8350 and Tenure Law 79-828. Explanation: It is recommended that the Board of Education consider and discuss the mid-year appraisal summary for the Superintendent.
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9.1.2. East High School, Lincoln High, North Star and Southwest High - School Choice Filing Deadline January 31, 2023
Rationale:
Staff annually monitors enrollment trends in Lincoln Public Schools facilities, as provided in policy and regulation, as to available capacity, impact on educational programs within the building, prior enrollment levels, and anticipated future growth within the building attendance area in order to determine availability for transfer. Explanation |
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9.1.3. Resolution for Option Enrollment Students 2023-24
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 resolution would admit any K-12 option students who meet the statutory and legal conditions and whose application is received by August 4, 2023. The resolution specifies the circumstances under which late-filed applications would be accepted. Proposal That the Board discuss the option resolution for the 2023-24 school year.
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9.2. From the Superintendent
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9.2.1. Mickle Renovation Project #10708
Rationale:
Sealed bids were received on December 22, 2022, from interested vendors to provide renovations at Mickle Middle School.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: BIC Construction LLC (Lincoln, Nebraska) $2,662,000.00 There were two other bidders: Genesis Contracting Group LLC (Lincoln, Nebraska) $2,799,000.00 Rogge General Contractors Inc. (Lincoln, Nebraska) $3,127,000.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $2,662,000.00 from the 2020 Bond Fund and other appropriate building funds. Proposal
The Board, by approving this agreement with BIC Construction, 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. |
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9.2.2. Southeast Renovation Project #10705
Rationale:
Sealed bids were received on December 15, 2022, from interested vendors, to provide renovations at Southeast High School.
Explanation
It is recommended that award be made to the lowest responsible vendor meeting specifications: BIC Construction LLC (Lincoln, Nebraska) $3,126,900.00 There were two other bidders: Genesis Contracting Group LLC (Lincoln, Nebraska) $3,278,000.00 Rogge General Contractors Inc. (Lincoln, Nebraska) $3,704,000.00 A complete tabulation is available in the Purchasing Department. This will be a total expenditure of $3,126,900.00 from the 2020 Bond Fund and other appropriate building funds. Proposal
The Board, by approving this agreement with BIC Construction, 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. |
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9.2.3. CLASS Annual Chromebook Purchase (Grades 6 & 9) #10725
Rationale:
The CLASS Technology Plan provides budget resources in the 2022-23 fiscal year to continue the practice of assigning a Chromebook to each 2023-24 sixth grader (3,094) and ninth grader (3,300) that they will use throughout their middle and high school years, respectively. The current estimated lead time for delivery of Chromebooks is four months, making a purchase at this time necessary to ensure delivery with enough time to prepare the Chromebooks prior to the start of the 2023-24 school year. Purchase recommendations are consistent with an evaluation of responses to RFQ 10700 that determined the Acer C734 (8GB/32GB) is the best option for incoming middle school students and the Dell 3110 2-in-1 is the best option for incoming high school students.
Explanation
The popularity of Chromebooks in K12 education settings is a catalyst for innovation in the Chrome operating system, Google Workspace ecosystem, and development of web apps with functionality equal to software traditionally installed on devices. This accounts for LPS teachers and students who report a high degree of satisfaction with the capability of Chromebooks as a tool for learning and instrument for expression. Performance specifications and considerations associated with the proposed Chromebook models were shared with the Student Learning and Technology Board Committee. Increasing Random Access Memory (RAM) to meet the demands of sophisticated Progressive Web Applications (PWA) was a key consideration in the evaluation and selection process. Available data and first-hand experience affirm the continued distribution of touch-capable and standard Chromebooks. Thus, the recommendation is to continue with touch Chromebooks for ninth grade students who will use them throughout their high school years and standard Chromebooks for sixth grade students who will use them for their middle school years. It is recommended that the Board award $931,294 to Acer Inc. (San Jose, California) to purchase 3,094 Acer model C734 standard Chromebooks with a 2-year warranty and award $1,275,252.00 to Dell EMC Inc. (Round Rock, Texas) to purchase 3,300 Dell model 3110 2-in-1 Chromebooks with a 3-year warranty.
This will be an expenditure of $2,206,546.00 from the General and Depreciation Funds. Proposal That the Board discuss this award to the above listed vendors. The Board, by approving these purchase with Dell EMC Inc. and Acer Inc., is approving the provisions of the agreement and all associated documents related thereto according to the terms and conditions as presented 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 such documents, 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 implement the same on a day to day basis during its term as contemplated thereby, for and on behalf of this School District. The Board by approving these purchases hereby designates the Chief Technology Officer or another person as selected by the Superintendent or a designee from time to time as its program administrator under these purchase orders. |
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10. SECOND READING, RECOMMENDED FOR ACTION
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10.1. From Board Committees
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10.2. From the Superintendent
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11. EXPEDITED/EMERGENCY ACTIONS
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12. ITEM(S) REMOVED FROM CONSENT AGENDA
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13. INFORMATIONAL ITEMS/REPORTS
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13.1. From Board Committees
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13.2. From Special Appointments
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13.3. From the Superintendent
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13.3.1. Superintendent Update
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13.3.2. Tax-Exempt Financing Compliance
Rationale:
On February 14, 2012, the Board adopted a tax-exempt financing compliance resolution and procedure. As an issuer of tax-exempt bonds, the district understands there are IRS codes and related regulations that impose ongoing requirements related to the proceeds of the tax-exempt bonds and the project facilities financed by the tax-exempt bonds. The Board assigned the Associate Superintendent for Business Affairs as the Bond Compliance Officer.
Explanation
The Bond Compliance Officer is to report to the Board the district’s compliance with the resolution and procedures. Compliance checklists are done annually for all outstanding tax-exempt bonds. No deficiencies have been discovered during these procedures. Proposal Information item; no Board action required. |
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
January 19: WAM Committee, 6:00 p.m., Clifton Education Center
January 22-23: NASB Legislative Issues Conference, Lincoln January 24: 25-Year Recognition, 4:30 p.m., SJDLC Board Meeting, 6:00 p.m., SJDLC |
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15. 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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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.
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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. 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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17. ADJOURNMENT
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