January 24, 2023 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:  The following employees have achieved the goal of 25 years of professional service to the students of Lincoln and Lincoln Public Schools:

Kiran  Bahl
Terry Berks
Jeffrey Bjorkman
Jennifer Burklund
Jai  Burks
Krista Carlson
Gregory Cooper
Lorie Covington
Curtis Craig
Jennifer Deets
Lanette Dunn
John Dupont
Leslie Eastman
Ann Ellenberger
Julie Erickson
Katherine Fergen
Carrie Foster
Lori Franke
Lenny Gish
Genee' Handley
Michelle Hansen-Daberkow
Julie Hippen
Jodie Jantz
Melody Jones
Carol Jozsa
Callie  Keller
Joy Lange
Randy Maly
Amy Maschka
Gerald  McArtor
Ruth  Molnar
Kristin Murphy
Van Nguyen
Cindy Noel
Takako  Olson
Kimberly  Parrott
Elizabeth Peters
Rebecca Rivers
Nadezhda  Rybak
Lori  Schwarting
Tracy Smith
Tracy  Spivey
Tina  Spomer
Dale  Strehle
Marla Styles
Kristen Tangen
Benjamin Tegeler
Claire Thomas
Binh Tran
Kristina Triplett
Judy Tuttle
Susan Van Brocklin
Cindy Vodicka
Kristy Voigt
Dana  Wendelin
Kristine Wendelin
Tracy Wiese
Sheryl Woodward
Tabatha Zimmerman





 

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. 

In keeping with Board Policy 8420 and Neb Statute 84-1412(3), the Lincoln Board of Education has established these reasonable regulations to conduct Public Comment::

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 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:

• Abiding by time limits
• Refraining from applauding, cheering, jeering, or engaging in speech that defames any individual(s), or stymies or blocks meeting progress;
• Refraining from the use of audio recordings, video recordings, or any digital still images, posters, signs, costumes, other props and/or photographs
• Refraining from abusive, disruptive or threatening language or gestures, and
• Staying in the areas identified by the Board as reserved for the public.

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.

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. Certificated Employees:
          Elections - 20
          Re-elect, reassign - 1
          Separations - 3
b. Certificated Substitute Employees:
          Elections - 21
          Separations - 4
          
c.  Classified Employees:
          Elections - 46
          Change of Status - 5
          Separations - 33
d. Other- Workers Compensation Lump Sum Settlement - 2 

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:  Lincoln Public Schools regulation 5460.1 and Nebraska state law provides that if a student has been expelled from any public or private school, and the student has not completed the terms or time period of the expulsion, the student shall not be permitted to enroll in this school district until the expulsion period from such other school has expired unless the Lincoln Board of Education approves by a majority vote the enrollment of such student prior to the expiration of the expulsion period. Student number 275369 (for purposes of confidentiality we are using an assigned number) has filed the proper application and has requested enrollment. 

Explanation:
The Department of Student Services has reviewed the application and the background information on the student and is recommending that the application be approved and that the student be enrolled in the Lincoln Public Schools Expelled Student Program for the remainder of this school year, subject to such terms and conditions as imposed by the Director of Student Services and all program rules and regulations until the term or time period of the original underlying expulsions are completed.                                                 
Proposal:
That the Board approves the application and all recommendations of the Department of Student Services.

Rationale:  *The Lincoln Board of Education is empowered to act on any item listed on the Agenda at any time during the meeting, irrespective of the time or order listed. Pages listed, or further detail, are available upon request. The Open Meetings Act requires and the intention of the Board is that agenda items be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. The Lincoln Board of Education  Board releases its agenda well in advance of most meetings and desires that all interested persons are fully informed. Any interested person who has a question or needs clarification about the sufficiency of a descriptive item should contact the Office of the Superintendent of Schools.

Rationale: 

Rationale: 

Rationale:  The American Rescue Plan (ARP) was signed into law on March 11, 2021, offering COVID-19 related targeted IDEA Part C resources to address the challenges faced in ensuring early intervention services for infants/toddlers with disabilities and their families. Additional IDEA Part C funds were allocated to Nebraska’s Co-Lead agencies (Nebraska Department of Education and Nebraska Department of Health and Human Services) to assist in the continuation and provision of early intervention services.  The Co-Lead agencies have recently notified us of this additional funding and released the grant application.

Explanation:
IDEA Part C ARP funds will be provided to early intervention services coordination agencies for the purchase of needed technology to ensure continuity of service delivery, increase access to digital tools to enhance job performance and support evidence-based practices for improved child/family outcomes, and to ensure services coordination agencies remain prepared to serve all infants/toddlers and their families upon referral. This is a unique opportunity for us to provide new and updated technology for our Early Services Coordination team. It is unknown when or if such an opportunity would be available again. If awarded, this grant requires no match.  Awarded funds must be used by June 30, 2023.
                                               
Proposal:
By approving this agenda item, the Board is approving the application submission of the   ARP Technology Grant for Early Services Coordination and all the provisions of the agreement; any related Business Associate agreement and any other associated documents or agreements related thereto according to the terms and conditions as presented or such other or additional terms and provisions as may be negotiated and approved by the Associate Superintendent for Business Affairs or a designee; and the Board is further hereby 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 implement the same as contemplated thereby, for and on behalf of this School District; and further hereby designates the Director of Early Childhood 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 and related agreements.

The grant application is due January 31, 2023.
 

Rationale: 

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  
East High, Lincoln High, North Star, and Southwest High enrollments exceed building capacities. The 2022-23 enrollment numbers at East High exceed 2,300. Lincoln High and Southwest enrollments exceed 2,170. At North Star, the enrollment exceeds 2,060.

Due to the factors noted above and in particular, the increasing enrollment and the ability of the school facilities to serve students, staff has determined and recommended that high school selection forms for ninth (9th) grade students only living outside of the East High, Lincoln High, North Star, and Southwest attendance areas, selecting to attend either school for the 2023-2024 school year, be approved through the standard process if such forms are filed by the filing deadline of January 31, 2023, and that all other selection forms filed after Board of Education approval of this recommendation and the filing deadline of January 31, 2023, for all other grade levels will be denied.

Staff has further determined and recommended that East High, Lincoln High, North Star, and Southwest High will be unavailable to transfers for all other grade levels of students living outside of the East High, Lincoln High, North Star, and Southwest High attendance areas.

Proposal  
That the Board continue current high school enrollment procedures for the 2023-24 school year.

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 approve the option resolution for the 2023-24 school year.

Rationale: 

Rationale: 

Rationale:  January 25: GNSA Meeting, 9:30 a.m., NASB
January 27:
Humann Elementary Blue Ribbon Celebration, 2:30 p.m., Humann Elementary
February 1: Chamber Coffee, 8:00 a.m., Chamber Office
February 3:
Adams Elementary Blue Ribbon Celebration, 2:00 p.m., Adams Elementary
February 8: Face the Chamber, 12:00 p.m., Country Club
February 14: Board Meeting, 6:00 p.m., SJDLC
 

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. 

In keeping with Board Policy 8420 and Neb Statute 84-1412(3), the Lincoln Board of Education has established these reasonable regulations to conduct Public Comment::

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 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:

• Abiding by time limits
• Refraining from applauding, cheering, jeering, or engaging in speech that defames any individual(s), or stymies or blocks meeting progress;
• Refraining from the use of audio recordings, video recordings, or any digital still images, posters, signs, costumes, other props and/or photographs
• Refraining from abusive, disruptive or threatening language or gestures, and
• Staying in the areas identified by the Board as reserved for the public.

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.

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.