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March 7, 2022 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
D. OPS Vision and Mission Statement
Rationale:  The Vision:  Every Student.  Every Day.  Prepared for Success.

The Mission:  To prepare all students for success in college, career, and life.
E. Roll Call
E.1. Excused/Unexcused Absence
F. School Spotlight
Rationale:  The #OPSProud spotlight recognizes winners of the 2022 African American History Challenge hosted by 100 Black Men of Omaha: Northwest High and Marrs Middle.
G. Board and Superintendent Communications
G.1. Treasurer
Rationale:  The Treasurer's Report for January 2022 is attached for review.
Attachments: (1)
G.2. Superintendent
Attachments: (2)
G.3. 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. Thursday, February 24, 2021 - Regular Meeting
Attachments: (1)
I.2. Approval of Claims Report A - District Expenditure
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report A is a listing of all District expenditures and are organized and presented to the Board by which fund the expenditure is being made from (e.g. General Fund, Bond Fund, etc.).
Attachments: (3)
I.3. Approval of Claims Report B - Expenditures from Various Student Activity Funds for which the Board Serves as Custodian
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.
Attachments: (1)
I.4. Approval of Claims Report C - Expenditures on behalf of Board Members or their Related Organizations
Rationale:  Board Members are prohibited by Nebraska law from voting on items which may personally benefit them.  Expenditures which may personally benefit individual Board Members are presented to the Board for approval in the form of a separate Claims Report in order to permit those Board Members to abstain from voting on items which may personally benefit them.  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Claims Report C is a listing of expenditures that may relate to individual Board Members or Organizations that employ them.
Attachments: (1)
I.5. Approval of Claims Report D - Payroll Expenditures
Rationale:  The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds.  Payroll expenditures are presented to the Board for ratification in the form of a Claims Report.  Claims Report D is a summary of payrolls processed and is presented by payroll and pay date.
Attachments: (1)
I.6. Approval of Educational Service Unit No. 19 Claims - Expenditures to be Paid from Education Service Unit's Funds
Rationale:  The Board of Education serves as the Board of Educational Service Unit 19.  The Board of Educational Service Unit 19 is required to approve all expenditures of District funds as well as funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Educational Service Unit No. 19 Claims Report is a listing of all expenditures to be paid from the Education Service Unit's funds.
Attachments: (1)
I.7. Approval of Omaha School Employees Retirement System Claims - Expenditures to be paid from the OSERS's Funds
Rationale:  In keeping with the provisions of Nebraska Revised Statute section 79-981, the Board of Education is responsible for the transaction of OSERS’ business, including approval of expenditures of OSERS’ funds.   Pursuant to Nebraska Revised Statute Section 79-989, the amount of accumulated member contributions and interest earned refunded directly to individuals is not public record and these amounts have been redacted and presented in total. The Administration recommends approval of the attached claims to be paid from OSERS’ funds.
Attachments: (1)
I.8. Committee on Claims Audit Approval 3/07/2022
Rationale:  State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class school district and to submit that audit to the Board of Education Audit Committee for review and approval.   The objective of the audit is to obtain and review sufficient claim documentation to determine the risk of material misstatement.   The audit methodology is set forth on the Claims Audit Report.
Attachments: (2)
I.9. Approval of Contract Awarded to Sirius Computer Solutions through Bid No. 22-039 from July 1, 2022 through June 30, 2023 ($1,607,365.65) 
Rationale:  FUND:       1           General Fund 
PROGRAM:    2510        Business Support Services 
DEPT:       7062510     Information Management Service  
SUPPLIER:   24091       Sirius Computer Solutions 
POLICY:     7000, III.K., VII.A.
AMOUNT:     $1,607,365.65 

Policies 7000, III.K. and 7000, VII.A., require Board of Education approval for this proposed agenda item. Staff recommends approval of the contract awarded to Sirius Computer Solutions through bid No. 22-039 to purchase network switches, wireless access points, and switch modules to expand the existing District Network. The switches are compatible with existing District prime infrastructure, including identity services engine, and access points to existing wireless controllers. The contract shall run from July 1, 2022 through June 30, 2023.

The network infrastructure components are eligible for a Priority 2 E-rate projected discount of 85%, subject to E-rate Category II site budget caps. 
 
The total amount to be awarded to Sirius Computer Solutions, Inc., is $1,607,365.65, total cost with projected 85% discount is $241,104.85.
I.10. Approval of a Data Protection Agreement with National Instruments Corporation for LabVIEW, Part of Studica’s Aerospace and Clean Energy Technology Programs
Rationale:  Administration recommends approval of the Data Protection Agreement to accompany the purchase of Aerospace Engineering equipment for the Burke High School Air and Space Academy pathway, and Clean Energy Technology curriculum for the Westview High School Clean Energy Research and Development pathway. These equipment purchases were approved at the January 20, 2022 Board of Education Meeting, before National Instruments Corporation had signed the DPA.  These two programs contain LabVIEW, a graphical programming environment engineers use to develop automated research, validation, and production test systems.  To protect student data, Administration recommends approval of the DPA. 
I.11. Approval of Memorandum of Understanding with the Omaha Education Association Regarding Extra Duty Pay for Summer School Teachers
Rationale:  The District and the Omaha Education Association (OEA) are currently parties to a Collective Bargaining Agreement which sets the Extra Duty rate for Summer School Teachers at $28.50.  In an effort to address the desire of the District to serve additional students the next two summers who have been affected by the COVID-19 pandemic, the District and the OEA wish to increase that rate to $40.00.  Administration recommends approval of the attached Memorandum of Understanding which has already been approved by the OEA.  The increased Extra Duty rate will remain in effect for the 2022 and 2023 summers only.
Attachments: (1)
I.12. Approval of Renewal of Memorandum of Understanding with National Center for Family Learning (NCFL) for Turnaround Elementary Schools from December 14, 2020 through September 30, 2022
Rationale:  Administration recommends renewal of the MOU with NCFL through September 30, 2022. On December 14, 2020, the District and NCFL entered into an MOU for family literacy and learning activities. NCFL leads the Statewide Family Engagement Center grant in Nebraska while collaborating with local school districts. The District seeks to renew the agreement through September 30, 2022. As part of the renewal, NCFL shall pay the District $70,000 as part of the grant to support implementation of family literacy and engagement activities, to include adult education, children's education, parent time, and parent and child together time. 
Attachments: (1)
I.13. Approval of Proposed Staffing Adjustments 
Rationale:  Policy 4001 and 4035 require that the election of employees shall be by action of the Board of Education upon recommendation of the Superintendent or designee.  Additionally, Policy 4008 requires that the Chief Human Resources Officer process all retirements, resignations, cancellations, contract amendments and terminations of employment making a recommendation for appropriate action to the Superintendent and Board of Education.  Therefore, the District recommends the approval of the attached Staffing Adjustments.  
Attachments: (1)
I.14. Approval to Purchase 140 Surface Pro 7+ Laptops, associated Warranties and Covers from Microsoft Corporation for Bluestem Middle School, Buena Vista High School, and Westview High School. ($164,749.20)
Rationale:  FUND:       1           General Fund
PROGRAM:    1100        Regular Instruction                      
DEPT. ID:   8861100     Bluestem Middle School Facility     $47,071.20 
DEPT. ID:   3631100     Buena Vista High School Facility    $58,839.00
DEPT. ID:   3691100     Westview High School Facility       $58,839.00
SUPPLIER:   6491        Microsoft Corporation
POLICY:     Policy 7000, V., H.
AMOUNT:     $164,749.20

Administration recommends approval to purchase forty (40) Surface Pro 7+ laptops, forty (40) complete Surface Pro commercial warranties, and forty (40) Surface Pro back covers for Bluestem Middle School. Fifty (50) Surface Pro 7+ laptops, fifty (50) complete Surface Pro commercial warranties, and fifty (50) Surface Pro back covers for Buena Vista High School and fifty (50) Surface Pro 7+ laptops, fifty (50) complete Surface Pro commercial warranties, and fifty (50) Surface Pro back covers for Westview High School from Microsoft Corporation. The Surface Pro 7+ laptops, warranty and Surface Pro back cover will be used by teachers for instruction and daily communication at each school location.  The District will be utilizing pricing on the Microsoft Contract from Bid 19-044. (Policy 7000. V., H.) The total cost of this purchase is $164,749.20.
Attachments: (2)
J. Discussion and/or Action Items
J.1. Action Item(s)
J.1.a. Approval of the Report of the Legislative Committee Including Recommended Legislative Positions
Rationale:  The Legislative Committee, in keeping with the provisions of Policy 8150, recommends approval of its findings and recommendations as set forth in the attached summary of bills introduced before the Nebraska Legislature.  The summary has been prepared with the assistance of O’Hara Lindsay Government Relations and generally includes legislation which may affect the District.  The Committee continuously monitors legislative activity and may, from time to time, recommend that the Board take or update a position on a particular bill, resolution or amendment.  Committee recommendations typically include one of the following: Support, Oppose, or Monitor with Research.  In the absence of one of those recommendations, the Committee is recommending that the District take no position.  Given the fluid nature of the legislature, the Committee may need to present new bills, resolutions or amendments, including some that may not have appeared on the bill summary, to the Board for consideration.  In addition to the bill summary, the Committee, on occasion, recommends Board approval of position statements to guide the Board President and/or Superintendent when dealing with legislative debate on issues of particular concern to the District that arise between Board Meetings.  The Committee is recommending that the Board vote to OPPOSE AM 2087 to LB 730.
Attachments: (1)
J.1.b. Approval of the Proposed Amendment to the Plan for Expenditure of $280,644,904 Allocated to the District by the Nebraska Department of Education (NDE) from the Elementary and Secondary School Emergency Relief (ESSER) II Fund and the ESSER III Fund which was Previously Approved by the Board of Education on September 9, 2021
Rationale:  On September 9, 2021, the Board of Education approved the Plan for Expenditure of $280,644,904 allocated to the District by the Nebraska Department of Education (NDE) from the Elementary and Secondary School Emergency Relief (ESSER) II Fund and the ESSER III Fund.  The plan was submitted to and approved by NDE.  Since that time and following additional community input, Administration is recommending that the District’s plan be amended as is more fully set forth in the attached presentation.  The original plan provided for distribution of the District’s allocation into four categories of expenditures as follows: Pillar 1 -- Academic Recovery and Acceleration Support ($149,900,000); Pillar 2 -- Well-Being of Students and Staff ($8,494,904); Pillar 3 -- Infrastructure for the Future ($103,198,079); and Pillar 4 -- Family and Community Engagement ($4,350,000).  In addition, the District allocated $1,350,000 (0.48%) for Program Administration and Management and $13,351,921 in Indirect Costs.  The proposed amendment before the Board today contemplates reallocation of as follows: Pillar 1 -- Academic Recovery and Acceleration Support ($173,575,000); Pillar 2 -- Well-Being of Students and Staff ($8,294,904); Pillar 3 -- Infrastructure for the Future ($79,523,079); and Pillar 4 -- Family and Community Engagement ($4,550,000). In addition, the District allocated $1,350,000 (0.48%) for Program Administration and Management and $13,351,921 in Indirect Costs.  The specific projects and projected costs for each are set forth more fully in the attached summary, which, upon approval by the Board, will be submitted to NDE for approval.  The ESSER II Fund and ESSER III Fund monies are federal grant funds.  Policy 3080 requires Board approval for the application for such monies.
Attachments: (1)
J.2. Information Item(s)
J.2.a. Budget and Audit Committee Update
Rationale:  The Chair of the Budget and Audit Committee will provide an update.
J.2.b. Citizens' Bond Oversight Committee (CBOC) Update
Rationale:  Board Member Head will provide a CBOC Committee update.
J.2.c. Student Assignment Plan (SAP) Board Committee Update
Rationale:  The SAP Committee Chair will provide an update.
K. Receipt of Reports
K.1. Head Start Community Assessment 21-22 Update
Rationale:  Head Start Performance Standard 1305.3 requires that each grant will determine community strengths and needs with in the proposed service area. In accordance with the 2007 Head Start Act, the Board of Education will be presented with information regarding reports for Douglas County School District 001 Head Start Community Assessment and program planning. The Community Assessment is a required document that is completed every five year and updated annually. The 2021-2022 school year is an update year for the Community Assessment
Attachments: (1)
K.2. Head Start Monthly Board Report for February 2022
Rationale:  This document provides the Board of Education with monthly Head Start information regarding attendance and enrollment, meal counts, in-kind amounts, health requirements, policy council minutes, delegate reports, and program information summaries to maintain a communication structure to support oversight responsibilities as stated in Head Start Performance Standard 1301.2.
Attachments: (1)
K.3. Second Quarter Board Conference Expenses 2021-2022
Rationale:  Policy 8230 requires the Secretary to the Board of Education to prepare a quarterly report summarizing all Board member travel and expenditures associated with attendance to workshops, conferences, or meetings. 
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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