March 28, 2023 at 6:00 PM - Board of Education Regular Meeting
Agenda |
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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. |
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. FLPS Update
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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. |
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: 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 March 28, 2023, were previously provided. Federal Tax ACH Deposit of $6,413,770.38. State Tax ACH Deposit of $979,354.04. Procurement Card ACH Transfer of $107,264.98. Child Support ACH Transfer of $12,538.78. Blue Cross/Blue Shield ACH Transfer of $6,291,501.27. Term Life/Disability ACH Transfer of $179,048.98. Retirement ACH Transfer of $5,586,553.64. Vision Insurance ACH Transfer of $57,212.48. Vendor ACH Transfer of $7,211.83. b. PAYROLL FOR RATIFICATION - Payroll for the periods ending February 28, March 6, and March 15, 2023, in the amount of $19,154,645.03. 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 precision lathes and vertical mills; curriculum; music supplies and equipment; books; monitors; network equipment; Chromebook bags; asphalt repairs; architects and engineers; 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 March 28, 2023. b. Payroll for the periods ending February 28, March 6, and March 15, 2023.
c. Gifts for Dawes and the district.
d. Bids/contracts/other routine business for precision lathes and vertical mills; curriculum; music supplies and equipment; books; monitors; network equipment; Chromebook bags; asphalt repairs; architects and engineers; items listed for auction; and any other bids/contracts/routine business as presented.
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8.3. Option Enrollment Student Applications for 2023-24
Rationale:
On January 24, 2023, the Board adopted a resolution to accept option enrollment students for the 2023-24 school year. Applications for enrollment during the 2023-24 school year have been received and are in compliance with the Board resolution of January 24, 2023.
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 January 24, 2023. Staff recommends approval of the applications. Proposal That the Board adopts the following resolution: WHEREAS, the students who have been assigned student numbers 450954, 257679, 454941, 454942, 249226, 454945, 401658 and 439377 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of January 24, 2023, 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. |
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. Policy 6740 – Extracurricular Activities Code of Conduct
Rationale:
BACKGROUND:
Lincoln Public Schools reviews policies on an ongoing basis and updates policies to ensure that they accurately reflect the ever-changing work of the district and changes in state law, federal law, and court decisions. EXPLANATION: A recent U.S. Supreme Court decision provided clarity to some issues regarding a district’s response to the off-campus speech of student participants in school activities and athletics. The revision of Policy 6740 provides clarifying language that reflects the U.S. Supreme Court’s decision.
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9.2. From the Superintendent
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9.2.1. State Expanded Learning Collaborative Grant Program Application
Rationale:
The 21st Century Community Learning Centers (CLCs) federally-funded grant program provides grants to eligible schools for the purpose of creating or expanding Community Learning Centers. The primary purpose of 21st Century funds is to provide students with academic enrichment opportunities designed to complement their regular academic program. All CLC services are provided during non-school hours or periods when school is not in session. The Community Learning Centers' programs and activities are designed to build on the capacity of community partners and neighborhood schools. Each site is to have an academic focus to assist participating students in meeting state and local academic achievement standards. Families of students served may also receive services in areas that support family literacy, health, other family support services, and childcare.
Explanation:
The Summer of Youth represents a unique opportunity for summer learning programs to create enriching, impactful, and lasting experiences for youth. The goal of this partnership between the Nebraska Department of Education (NDE) and Beyond School Bells (BSB), a program of the Nebraska Children and Families Foundation (NCFF), is to provide Nebraska youth in select underserved Nebraska communities negatively impacted by COVID-19 access to high quality school-based and community-powered summer programs. The following program components will guide the program design and delivery:
NDE will oversee the use of ESSER III funds via subgrants to individual districts and schools using the Grant Management System (GMS) portal. This grant would support summer programs at 29 Lincoln Community Learning Center schools.
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9.2.2. Memorandums of Understanding and Salary Schedule Amendments Related to Health Insurance Premium Increases and the Increase in the District Health Insurance Premium Contribution
Rationale:
As a result of the Educators Health Alliance (EHA) increase in health insurance premium rates for the 2023-24 school year being greater than assumed in negotiations, and considering current collective bargaining agreements and arrangements, the Board of Education has negotiated, on the impact of such increases on the employees for each of its nine employee bargaining groups and as per good faith negotiations has agreed to pay for the additional increase. The total cost to the district is expected to be in the range of approximately $746,019.
Explanation: It is recommended that the Board of Education approve and accept the proposed Memorandums of Understanding (MOUs) with the Lincoln Education Association (LEA), the Lincoln Public Schools Association of Office Professionals, the Paraeducator Association, the Custodial Employees Association, the Nutrition Services Workers Association, the Maintenance Employees Association, the Transportation Employees Association and the Technicians and Administrators Salary Schedule amendments in order to increase the District’s monthly health insurance contribution as a result of the Educators Health Alliance (EHA) increase in health insurance premium rates for the 2023-24 school year. Complete copies of the proposed MOU agreements and the Technician and Administrator Salary Schedule amendments are available in Human Resources. |
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. Monthly Financial Report
Rationale:
At the second Board meeting of the month, information regarding the district’s monthly financial report is presented.
Explanation
The monthly financial report for the month ending February 28, 2023, is attached. Proposal Information item; no Board action required.
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14. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:
March 29-April 2: COSSBA Inaugural Conference, Tampa, FL
April 1-3: NSBA Annual Conference, Orlando, FL April 5: Chamber Coffee, 8:00 a.m., Chamber Office April 11: Board Meeting, 6:00 p.m., SJDLC |
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. |
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 |
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. |
17. ADJOURNMENT
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