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November 7, 2016 at 6:30 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting

Agenda
A. OPS Board Of Education Information
Rationale: 

Notice to visitors: If you wish to speak, please obtain a “Request to be Heard” form from the entry table and return the completed form to the table attendant or the Board of Education Director.

The agenda will be kept current and available for public inspection in the office of the Secretary of the Board of Education at the Administrative Building during regular working hours. 

Board members may request specific agenda item(s) be moved to a different place on the agenda.  Please attend the entire meeting to ensure you hear discussion on a particular agenda item.

Pursuant to Section 84-1412 of the Nebraska Statutes, the public is hereby informed that a current copy of the Nebraska Open Meetings Act is posted in the Board meeting room on the north wall.

Agenda items are subject to reordering at discretion of the board president, please attend the entire meeting to ensure you're able to hear any discussion. If you would like to rehear any discussion, please listen to our podcast located on the District Web Page, district.ops.org.

B. Call to Order
C. Pledge of Allegiance
Rationale:  Led by
D. OPS Vision and Mission Statement
Rationale:  The Vision:  Every Student.  Every Day.  Prepared for Success.

The Mission:  Omaha Public Schools prepares all students to excel in college, career, and life.
E. Roll Call
E.1. Excused/Unexcused Absence
F. School Spotlight
Rationale: 

Board of Education School Spotlight – November 7, 2016

Madam President, members of the board, our School Spotlight is on Bryan Middle Schools seventh and eighth grade Cross Country teams. 

In October, the eighth grade boys team won first place in the Omaha Public Schools Middle School Cross Country City Championships and won first place at the Nebraska Junior High State Cross Country Championship. The seventh grade boys and girls team also dominated at the city cross country championship in October taking home first place.  We salute these boys and girls, their coaches and welcome Bryan Middle School principal Darren Rasmussen. 


G. Board and Superintendent Communications
G.1. Superintendent
Attachments: (1)
G.2. Board Members
H. Public Comment and Recognition
I. Consent Agenda
Rationale:  At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately. 
I.1. Reading of Minutes
I.1.a. Monday, October 17, 2016 - Regular Meeting
Attachments: (1)
I.2. Staff Adjustments
Attachments: (1)
I.3. Claims - School District of Omaha - Report A
Rationale: 

It is recommended that the claims for the School District of Omaha be approved as presented by the central administrative staff.

A.  CLAIMS REPORT A

Attachments: (4)
I.4. Claims - School District of Omaha - Report B
Rationale: 

It is recommended that the claims for the School District of Omaha be approved as presented by the central administrative staff.

A.  CLAIMS REPORT B

Attachments: (1)
I.5. Claims - School District of Omaha - Report C
Rationale: 

It is recommended that the claims for the School District of Omaha be approved as presented by the central administrative staff.

A.  CLAIMS REPORT C

Attachments: (1)
I.6. Claims - Educational Service Unit No. 19
Rationale:  It is recommended that the claims for Educational Service Unit No. 19 be approved as presented by the central administrative staff.
Attachments: (1)
I.7. Committee on Claims Audit Approval 11/07/2016
Rationale:  The Committee on Claims met on 11/07/2016 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
I.8. Grant Fund Budget Adjustments
Attachments: (2)
I.9. Omaha Schools Foundation(OSF)Resolution - Change to Reporting Structure of OSF Executive Director from Superintendent to the OSF Board.
Rationale:   As of October 24, 2016, all voting members of the board of the Omaha Schools Foundation have by unanimous written consent agreed to the two amendments to be approved by the OPS Board of Education on November 7, 2016.  I am happy to provide the signatures at your request.  (Adam Steffen, Steve Kinkead, Barbara Velazquez, Sara Howard, Dr. Edward Klima, Denise Gaines, Sharon Kirshenbaum, Dr. Gema Simmons, Daniel Rock, Juliana Garza, Sarah Gilbert, Bridget Donovan and Marian Fey)

 

The first amendment changes the reporting structure for the OSF Executive Director from the Superintendent to the OSF Board (as is the nationally accepted model/practice).  Since Luanne Nelson retired from being the E.D. in 2010, the E.D. has been reviewed by the President of the OSF Board, signs off on monthly reimbursements and also works with the benefits.

The OSF Bylaws are not being changed in any way regarding the Superintendent being the Treasurer of the Foundation nor does it affect the OPS Board of Ed member as a voting position on this board.  Finally, there are no changes to the requirements that the OPS board approves all capital campaigns, teacher classroom grants, OSF board members, etc.  All of the fiscal policies remain in place.

The three basic issues include:

1) The industry standard is that the Executive Director is hired/terminated by and reports directly to the Board of the Foundation.  Examples where this is the policy/protocol include: Westside 66 Schools Foundation, Elkhorn Public Schools Foundation, Millard Public Schools Foundation, Lincoln Public Schools Foundation, Grand Island Public Schools Foundation, Littleton (Colorado) Public Schools Foundation, Adrian (Colorado) Public Schools Foundation, St. Louis Public Schools Foundation and Ann Arbor Public Schools Foundation.

2) According to the Council of Great City Schools (CGCS)

(Fall, 2014, http://www.cgcs.org/cms/lib/DC00001581/Centricity/Domain/87/Urban%20Indicator_Superintendent%20Summary%2011514.pdf):

Tenure

The average tenure of current CGCS superintendents increased from 2.8 years in 2003 to 3.18 years in 2014.

Twenty-one percent of CGCS superintendents in 2014 have been in office for five or more years, up from 15 percent in 2003.

Fifty-seven percent of CGCS superintendents in 2014 have been in office between one and five years, up from 54 percent in 2003.

Twenty-three percent of CGCS superintendents in 2014 have been in office for less than a year, down from 31 percent in 2003.

The average tenure of the immediate past CGCS superintendents was 4.5 years in 2014.

 

With the average tenure of an urban superintendent at approximately 3 years, a change in the Foundation bylaws would provide more consistency to the Executive Director by having that person report directly to their board.  Currently, all personnel issues (performance/merit pay annual increases, approval of monthly reimbursement, benefits, etc. are handled by the President of the Foundation Board).

 

3. The Executive Director of the Foundation is not an employee of the Omaha Public Schools.  As Mr. Evans has said, he has 14 direct reports and I am not considered one of them.  I report directly to the Executive Committee of the Foundation, of which he is a member, but I work most closely on a daily basis with the OSF President.  The Executive Director will continue to work closely with the Superintendent, as well as the representative of the Board of Education appointed to the Foundation board.

Mr. Evans concurs and is supportive of the changes.

 

The second amendment is to add the word "Public" to the Foundation's title - Omaha Schools Foundation.  The new title would be:  Omaha Public Schools Foundation to better reflect the relationship of the Foundation with the District.

 

We appreciate the consideration of the OPS board on these changes to the OSF Bylaws. 
Attachments: (1)
I.10. Omaha Schools Foundation(OSF)Resolution - Changing the name of OSF to Omaha Public Schools Foundation
Attachments: (1)
I.11. September Head Start Monthly Board Report
Attachments: (1)
I.12. 2016-2017 Head Start Educare Delegate Agreement
Rationale:  The Delegate Agreement between Omaha Public Schools (OPS) and Educare is from November 1, 2016 to October 31, 2017. The Delegate (Educare) agrees to provide Early Head Start and Head Start services as a delegate agency for OPS at both Indian Hill Elementary and Kellom Elementary locations. All criteria and program expectations for a comprehensive child development program have been specified in accordance with federal, state and local laws, ordinances and regulations. The Educare Delegate Agreement is updated annually and has been in place since 2005. 
Attachments: (1)
I.13. Design Firm Selection 2014 Bond Program New High School Site Location - 60th & L Streets
Attachments: (1)
I.14. Design Firm Selection 2014 Bond Program New High School Site Location - 156th & Ida Streets
I.15. Purchase Agreement with Lyman Richey
Attachments: (2)
I.16. Appointment of Lou Ann Goding to NASB Legislation Committee
Rationale:  Appointment of Mrs. Lou Ann Goding to the Nebraska Association of School Board's (NASB) Legislation Committee.
I.17. Memorandum of Understanding (MOU) and Agreement - Substitute/Temporary Teachers
Rationale:  The Omaha Public Schools and the OEA desire to resolve litigation currently pending before the Commission of Industrial Relations and in Douglas County District Court alleging that OPS committed an unfair labor practice charge in its practice of paying the substitute teacher rate to teachers who filled permanent vacancies that existed because of the death, resignation or termination of teachers.  The attached Memorandum of Understanding sets forth the criteria that will trigger OPS' obligation to pay long term substitute teachers a per diem rate calculated based on the step they would otherwise be placed on the salary schedule.  This settlement will affect 41 employees from the 2015-16 school year who will receive back pay.
Attachments: (1)
J. Discussion and/or Action Items
J.1. Information Item(s)
J.1.a. Comprehensive Capital Facility Assessment
Rationale:  DLR Group along with staff will provide report documents on the Comprehensive Capital Facility Assessment that ranks major building systems in the format as requested by the Board of Education at the September 19, 2016, Board meeting.
Attachments: (1)
J.1.b. The English as a Second Language Program: Serving English Language Learners
Rationale: 

The Omaha Public Schools is serving an increasing number of newly arriving English Language Learners from a variety of countries including Mexico, Burma, Nepal, Bhutan, Somalia, Syria, Congo, Honduras, Guatemala, and El Salvador.  Many of these students have limited or interrupted formal education which makes learning to read, write, speak and understand English even more difficult.  In addition, many of these students and their families have experienced trauma before coming to Omaha.    The challenge of meeting grade level standards and high school graduation requirements is even greater when the students arrive at older ages.  Because of the increase of ELLs at the secondary level, some class sizes in the ESL program are very high.

Attachments: (2)
J.1.c. Accountability Committee Update
Rationale:  Members of the Accountability Committee will provide an update to the Board Education in the search for Consulting Services. 
J.1.d. Official Fall Membership
Rationale: 

The purpose of this report is to provide the District's 2016-17 fall membership and to discuss trends in total enrollment as well as racial/ethnic representations.  The 2016-17 PK-12 membership of 52,304 demonstrates a increase of 419 students.   Fall membership is an important data source as it serves as the basis for reporting all official statistics for the current schools year.

Attachments: (2)
J.2. Action Item(s)
K. Receipt of Reports
K.1. Re-Use And Recycling Opportunities
Attachments: (1)
L. Request for Closed Session
Rationale:  The Omaha 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.

 
M. Adjournment

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