Public Meeting Agenda: May 8, 2018 at 6:00 PM - Board of Education Regular Meeting

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May 8, 2018 at 6:00 PM - Board of Education Regular Meeting Agenda

May 8, 2018 at 6:00 PM - Board of Education Regular Meeting
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.

 

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.

2. CALL TO ORDER
3. ROLL CALL
4. ANNOUNCE OPEN MEETING ACT POSTING AND LOCATION
5. PUBLIC HEARING ON STUDENT FEES POLICY 5520
Rationale: 

For those interested in speaking during the public hearing, the same guidelines apply as public comment. Speakers should complete the blue contact card and present it to a staff prior to speaking. Speakers have a maximum of five minutes to speak. The Board does not engage in conversation with the speakers, but listens carefully to the comments as part of its collection of information for consideration of agenda items.

With that, I hereby open this public hearing before the Board of Education of Lincoln Public Schools. This hearing is being conducted under the provisions of the Nebraska Public Elementary and Secondary Student Fee Authorization Act and other Nebraska laws. The purpose of this hearing is to receive input regarding proposed Policy 5520. The input received in this hearing will be taken into consideration by the Board when we take action on proposed Policy 5520.

6. 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.
Attachments:
7. SPECIAL REPORTS, PRESENTATIONS AND CELEBRATIONS OF SUCCESS
7.1. Leadership LPS Recognition
Rationale:  The purpose of Leadership LPS is to help aspiring administrators in the Lincoln Public Schools further develop their leadership potential and prepare for the principalship through a variety of quality leadership experiences focusing on the Lincoln Public Schools system.  The following LPS administrators have completed the 18 month course: 
  1. Rob Baltensperger
  2. Chris Boden
  3. Traci Boothe
  4. Annette Bushaw
  5. Amy Clark
  6. Jamie Cook
  7. Joanna Davis-Yoakum
  8. Kevin Deutsch
  9. Stephanie Drake
  10. Sharon Eickhoff
  11. Jodi Frager
  12. Casey Fries
  13. Marci Imel
  14. Kellie Joy
  15. Ben King
  16. Rachael Kluck-Spann
  17. John Matzen
  18. Marco Pedroza
  19. Kim Rosenthal
  20. Nancy Salsman
  21. J.J. Toczek
  22. Aaron Zabawa
7.2. Lincoln Safe and Successful Kids Interlocal Cooperation Agreement
Attachments:
8. PUBLIC COMMENT
Rationale: 

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.
9. CONSENT AGENDA
Rationale: 
9.1. Human Resources Matters
Rationale:  Explanation:
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.

This report includes routine Human Resources changes:
   a.  Administrator Certificated Employees:
             Elections - 1
             Re-Elections Same Assignment - 1
   b.  Certificated Employees:
             Elections - 10
             Re-Elections Same Assignment - 6
             Re-Elections new Assignment - 2
             Changes of Status - 5
             Separations - 28
             Separations - 23
   c.  Substitute Certificated Employees:
             Elections - 2
             Separations - 10
   d.  Classified Employees:
             Elections - 19
             Separations - 40


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.
9.2. 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 May 8, 2018, were previously provided.

                Federal Tax ACH Deposit of $5,566,463.34.

                State Tax ACH Deposit of $841,653.06.

                Procurement Card ACH Transfer of $103,106.08.

                Child Support ACH Transfer of $17,188.35.

                Blue Cross/Blue Shield ACH Transfer of $4,937,663.23.

                Retirement ACH Transfer of $4,893,078.00.

                Vendor ACH Transfer of $2,083.080.51.

b.  PAYROLL FOR RATIFICATION - Payroll for the period ending April 30, 2018, in the amount of $15,989,713.51.

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 purchase of cheer squad uniforms and accessories; rubber tile for elementary playgrounds; AP history curriculum; middle school algebra curriculum; high school English and economics curriculum; computer assisted learning; an agreement for consulting services; the purchase of Apple equipment; 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 May 8, 2018.

b.  Payroll for the period ending April 30, 2018.

c.  Gifts for Hartley and the district.

d.  Bids/contracts/other routine business for purchase of cheer squad uniforms and accessories; rubber tile for elementary playgrounds; AP history curriculum; middle school algebra curriculum; high school English and economics curriculum; computer assisted learning; an agreement for consulting services; the purchase of Apple equipment; items listed for auction; and any other bids/contracts/routine business as presented.
 
Attachments:
9.3. Option Enrollment Student Applications for 2018-19
Rationale: 

On February 13, 2018, the Board adopted a resolution to accept an option enrollment student for the 2018-19 school year.  An application for enrollment during the 2018-19 school year has been received and is in compliance with the Board resolution of February 13, 2018.      

Explanation
The applications included in this agenda item have been examined by staff and meet one of the criteria set forth by the Board in the resolution of February 13, 2018.  Staff recommends approval of the applications.  

Proposal   
That the Board adopts the following resolution:

WHEREAS, the students who have been assigned student numbers 426003, 426006 and 294596 (for purposes of confidentiality, assigned numbers are being used) meet one or more of the criteria of the Board resolution of February 13, 2018, 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.

Attachments:
10. 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.
10.1. From Board Committees
10.1.1. Policy 5520 - Student Fees
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 which 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 fees to address changes in cost while remaining in compliance with all applicable laws.

Proposal

That the Board discuss Policy 5520 and Appendix 1.
Attachments:
10.1.2. Recommendation of Name Change
Rationale: 
Board Policy 3997 and Regulation 3997.1 state that a committee of community members and Board members will solicit and review suggestions for names of school facilities.  Board Policy 8314 states that "[p]olicies and regulations shall be subject to suspension for a specified purpose and limited time by a majority vote of a quorum of the Lincoln Board of Education."
 

Explanation
Staff requested the Planning Committee consider the nature of the educational program at Yankee Hill which is aligned with those at Don D. Sherrill Education Center and the Nuernberger Education Center.  Changing the name of the Yankee Hill facility to Yankee Hill Education Center would more accurately reflect the identity of the facility.  The change in name is technical in nature and the Planning Committee did not feel the change required a community committee per Board Policy 3997.

The Planning Committee recommends the Yankee Hill Program be recognized as the Yankee Hill Education Center.
 

Proposal
That the Board, pursuant to Policy 8413, suspend and waive Policy 3997 and Regulation 3997.1 for this limited purpose and adopt Yankee Hill Education Center as the name of the LPS school building at 865 W. Burnham St.
10.2. From the Superintendent
10.2.1. Kaboom! Let's Play Upgrade Your Play Program
Rationale:  Let’s Play is an initiative launched in 2011 by Dr. Pepper Snapple Group (DPS) to provide the tools, places and inspiration to make play a daily priority.  Dr. Pepper Snapple Group will provide nearly 10 million children across North America with new opportunities to play and be active through Let’s Play.

In partnership with the nonprofit organization KaBOOM! and Good Sports, Let’s Play is working to eliminate the ‘play deficit’ by building and improving play spaces and providing grants for athletic equipment and gear.
    
Explanation
Huntington Elementary School proposes to utilize $20,000 in KaBOOM! grant funding to purchase and install new playground equipment.  Huntington Elementary School has a playground renovation plan that has already raised over $6,000, this grant would help accelerate the funding requirements of the plan.

Proposal
That the Board approves the submission of the LPS application of the KaBOOM! Let’s Play Upgrade your Play grant to KaBOOM! Inc. for $20,000. A minimum of $4,000 district-funding match is required.

This grant application has a submission date of May 11, 2018.
10.2.2. United Way of Lincoln and Lancaster County
Rationale:  United Way of Lincoln Lancaster County (UWLLC) provides grant funding for services provided at Community Learning Center School sites.
    
Explanation
UWLLC will provide Lincoln Public Schools grant funds in the amount of $40,000 to support these services.  This agreement will be renewed annually with actual amounts dependent on availability of funds.

The term of the agreement will be from January 1, 2018 to December 31, 2018.

A complete copy of the proposed agreement is available in the purchasing office.  The Board, by approving this agreement with the above named entity, hereby designates the Director of Federal Programs 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.

Proposal
It is recommended that the grant agreement be entered into between Lincoln Public Schools and United Way of Lincoln Lancaster County (UWLLC) to provide grant funding to Lincoln Public Schools for services provided at any of the current 26 Community Learning Center School sites.
11. SECOND READING, RECOMMENDED FOR ACTION
11.1. Evaluation and Evaluation Summary for the Superintendent of Schools
Rationale: 
Annually, the Board of Education evaluates the Superintendent of Schools.  The 2017-18 evaluation of Steve Joel, Superintendent, has been completed and will be recommended for approval to be placed in his personnel file.  A copy of the public summary of the Superintendent’s evaluation is attached.
Explanation:
The annual evaluation of Steve Joel, Superintendent, has been completed and will be placed in his personnel file and the public summary thereof is attached.


 
Attachments:
11.2. Proposed Contract with the Superintendent of Schools
Rationale:  Annually, the Board of Education evaluates and reviews the contract of the Superintendent of Schools.  The 2017-18 evaluation of Steve Joel, Superintendent, is complete and has been recommended for consideration to be placed in his personnel file, and his contract is being recommended for extension and increased compensation. Copies of a public summary of the Superintendent’s evaluation are available, and the proposed contract for approval is attached.
Explanation:
It is recommended that the current contract for the Superintendent be amended and approved.

The proposed contract is attached.
11.3. From Board Committees
11.3.1. Approval of Project Facilitator Agreement; Sublease, Development, and Operations Agreement; and Consent to Sublease and Non-Disturbance and Recognition Agreement with the Lincoln Children's Zoo and the City of Lincoln, respectively #9304, 9305, 9306
Rationale: 
Lincoln Public Schools operates a Science Focus Program at the Lincoln Children’s Zoo.  The Lincoln Children’s Zoo initiated a capital campaign and a major construction and renovation project.  Lincoln Public Schools is a partner in contributing to the project.

Explanation
The City of Lincoln, the Lincoln Children’s Zoo, and Lincoln Public Schools have been working together and are proposing that Lincoln Public Schools ("LPS") enter into (1) a Project Facilitators Agreement between LPS and the Lincoln Children’s Zoo ("LCZ"), (2) a Sublease, Development, and Operations Agreement ("Sublease") between LPS and the LCZ, and (3) a Consent to Sublease and Non-Disturbance and Recognition Agreement ("Consent") between LPS, the LCZ, and the City of Lincoln ("City").

These agreements relate to the LPS Science Focus Program/Zoo School located at what is generally known as the Lincoln Children’s Zoo ("Zoo") bounded by 27th Street, Normal Boulevard, and "A" Street in Lincoln, Nebraska on property more specifically described in the Sublease and Consent documents as presented and discussed at this meeting or in such other form, and with such other terms and conditions as may be approved by the Associate Superintendent for Business Affairs or a designee.  The initial term and rent for the Sublease is for 50 years with rent of $1.00 per year and annual renewals thereafter.  The Sublease also provides that LPS is committing a maximum of $3,265,084.00 as its share of the construction and related costs for the new Science Focus Program/Zoo School facility to be built on the described property at the Zoo.
 

Proposal
That the Lincoln Public Schools Board of Education approve the following resolution:

Be it resolved that the Lincoln Public Schools Board of Education hereby (1) ratifies, confirms, approves and adopts the above described Project Facilitator Agreement, Sublease and Consent, (2) ratifies, confirms, and approves all actions taken to date in regard thereto, (3) delegates to and authorizes the Associate Superintendent for Business Affairs to make all payments, and to sign, execute, deliver and record such Project Facilitator Agreement, Sublease and Consent as appropriate as presented or amended, and to do same as to any other finally negotiated documents that may be necessary to complete the transaction, (4) delegates to and authorizes the Associate Superintendent for Business Affairs to act as or assign or designate a Program Administrator to provide for facilitating the construction, administration and operations under such agreements, and (5) delegates to and authorizes the Associate Superintendent for Business Affairs or a designee 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 implement, administer, amend, and operate the joint venture with LCZ and/or the City under such agreements for and on behalf of this school district.

Be it further resolved that this resolution shall be in full force and take effect from and after adoption, as provided by law.  Copies of this resolution shall available and provided to all necessary parties.
 
Attachments:
11.4. From the Superintendent
11.4.1. Title VI, Indian Education Program
Rationale:  The U.S. Department of Education through Title VI of the ESSA provides funds to fulfill the Federal Government’s responsibility to the Indian people for the education of Indian children. These funds support the goal of ensuring programs that serve Indian children are of the highest quality and provide for not only the basic elementary and secondary educational needs, but also the unique educational and culturally related academic needs of these children.

Lincoln Public Schools has received federal funds for services for Native American students since the mid-1980’s.  The following table reflects an annual January student count and the grant award amount received in recent years.  Grant award amounts vary by year according to the total amount of Indian Education funds available at the federal level and are not based only on the number of students per program.
School Year Student Number Amount Awarded
2012-13 531 $132,842
2013-14 568 $137,006
2014-15 553 $133,660
2015-16 606 $148,737
2016-17 611 $146,179
2017-18 585 $138,292
2018-19 *572 $150,762
*Indicates count from January 2018 submitted with current grant request.
     
Explanation
Lincoln Public Schools Indian Education program will provide support to Native American students in grades PK-12 in the 2018-19 school year. Native American students are enrolled in all schools across the district representing about 60 tribes as designated by the parent. Estimated funding from Title VI for 2018-19 is $150,762, based on the January student count. Decisions regarding the use of these funds are made in consultation with the Native American Advisory Committee.

Proposal
That the Board approve the submission of the required application of the Indian Education grant to the U.S. Department of Education for $150,762. No district-funding match is required.

This grant application has a submission date of May 17, 2018.
11.4.2. Proposed Contracts with the Associate Superintendents for Instruction, Business Affairs, and Human Resources and the Assistant Superintendent for General Administration and Governmental Relations
Rationale:  Explanation:
Annually, the Board of Education reviews the contracts of the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant Superintendent for General Administration and Governmental Relations.

It is recommended that the proposed two-year contract for each of the three Associate Superintendents and the Assistant Superintendent be amended and extended for one year to June 30, 2020.  It is also recommended that a total salary increase of 2.68 percent, overall total package increase of 2.43 percent, be approved for this group for 2018-19.  Each contract is within the parameters set by the Board of Education.

Included in the total package increase for each of the three Associate Superintendents and the Assistant Superintendent are additional district costs including the district’s contributions to health insurance, state retirement, and Social Security.

The proposed contracts are attached.

Proposal:
That the Board of Education ratify the recommended one-year contract extensions and total salary increases of 2.68 percent (overall total package compensation increases of 2.43 percent) for the Associate Superintendent for Instruction, the Associate Superintendent for Business Affairs, the Associate Superintendent for Human Resources, and the Assistant Superintendent for General Administration and Governmental Relations.

 
Attachments:
11.4.3. Resolution and Agreement Creating the Lincoln Safe and Successful Kids Joint Public Agency
Rationale: 
The City of Lincoln and Lincoln Public Schools have been working together and are proposing a collaborative effort with the goal of:  Safe and Successful Kids in our Community.   To meet this goal the proposal includes the establishment of a Joint Public Agency (JPA). 

Explanation
The initiative would fund School Resource Officers, one additional threat assessment officer, mental health services with one additional LPS social worker, and additional student therapist services, provide an increase in leadership and staff to serve Community Learning Centers (CLCs) and academic and enrichment opportunities that lead to success for students.  The initiative would create a new political subdivision established by Lincoln Public Schools and the City of Lincoln and generate approximately $2 million in the first year of existence with a 1-cent city property tax levy.

Proposal
Motion to continue consideration of the need and approval resolutions on the proposed Joint Public Agency to a future agenda as may be set in accordance with Policy 8430.
 
Attachments:
12. EXPEDITED/EMERGENCY ACTIONS
13. ITEM(S) REMOVED FROM CONSENT AGENDA
14. INFORMATIONAL ITEMS/REPORTS
14.1. From Board Committees
14.1.1. Planning Committee Safety & Security Update
Rationale: 
The Board President requested the Planning Committee explore secured entrances and exterior doors in the district’s school buildings and methods of securing the physical buildings.

Explanation
The Planning Committee reviewed varying school entrance designs throughout the district.  Infrastructure and processes are in place to route visitors into the school throughout the school day through either a security station or the school office.  Visitors to our schools during the school day must check in with an adult to be given access to our schools.  In many of our buildings, access to the school is through a controlled setting of locked doors and release mechanisms.  The Planning Committee and district staff identified the implementation of a controlled setting of locked doors and release mechanisms for visitor traffic through the office while school is in session as a standard to pursue for all schools.  Staff is proceeding with a plan to implement locks and release mechanisms in all schools by January 1, 2019.  The cost is estimated at $300,000 and will be funded with general funds budgeted for security equipment and enhancements for the 2018-19 school year.  Initial work has begun and some cost may be accounted for in the 2017-18 budget.
 

Proposal
Information item; no Board action required.
 
14.2. From The Career Academy
14.3. From the Superintendent
14.3.1. Superintendent Update
15. ANNOUNCEMENTS OF UPCOMING EVENTS FOR THE BOARD
Rationale:  May 9:
TCA Joint Board Mtg, 8:00 am, TCA
Face the Chamber, 12:00 pm, Country Club of Lincoln
LPS Retirement Celebration, 5:00 pm, Country Club of Lincoln

May 10 :
Native American Senior Recognition, 5:30 pm, Firefighters Reception Hall

May 15:
Military Service Senior Recognition, 6:30 pm, LNE

May 18:
Yankee Hill Spring Graduation Celebration, 9:00 am, Yankee Hill

May 20:
Community Retirement Reception for Thomas Christie, 2:00-4:00 pm, LHS

May 21:
Board Organizational Meeting, 6:00 pm, LPSDO
Voice Graduation Ceremony, 6:30 pm, Bryan Medical Plaza

May 22:
Board Work Session (Budget), 4:30 pm, LPSDO
Board Meeting, 6:00 pm, LPSDO
 
16. PUBLIC COMMENT
Rationale: 

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.
17. REQUEST FOR CLOSED SESSION
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.

17.1. 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.

PROPOSAL:

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.

18. ADJOURNMENT
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