February 8, 2024 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting
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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. |
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B. Call to Order
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C. Pledge of Allegiance
Rationale:
Benson High School's JROTC will present the Colors and lead the Pledge of Allegiance.
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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. |
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E. Roll Call
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E.1. Excused/Unexcused Absence
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F. School Spotlight
Rationale:
The #OPSProud Spotlight recognizes Lucy Rawlinson of Central High for earning a perfect score on the ACT.
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G. Board and Superintendent Communications
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G.1. Treasurer
Rationale:
The Treasurer's Report for December 2023 is attached for review
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G.2. Superintendent
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G.3. Board Members
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H. Public Comment and Recognition
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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.
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I.1. Reading of Minutes
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I.1.a. Monday, January 22, 2024 - Regular Meeting
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I.1.b. Monday, January 29, 2024 - Board Workshop
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I.1.c. Saturday, February 3, 2024 - Special Meeting
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I.2. Approval of Agreement with Boys Town National Community Support Initiatives to Provide Services to Students and Parents Throughout the District through Common Sense Parenting Workshops and Training Sessions ($8,612.00)
Rationale:
Fund: 1 & 175 General Fund reimbursed by COVID federal grants
Department: 7105800 Student and Community Services Project: 499251 Professional Development for Parents Guardians and Caregivers Supplier: Father Flanagan’s Boys’ Home Boys Town National Community Support Initiatives Policy: 7000 VII.A. Amount: $8,612.00 Administration recommends that the Board of Education approve the attached agreement with Boys Town National Community Support Initiatives to provide services to students and parents throughout the District. Boys Town facilitators will continue to support students and parents through Common Sense Parenting workshops and training sessions. Boys Town certified trainers will offer user-friendly techniques to assist families facing parenting challenges. These resources are designed for parents who seek to enhance their existing skills or acquire new methods for addressing their children's behavior. Families will receive the model's principles with both quality and fidelity. The District has previously spent over $50,000 on services from Boys Town and therefore brings this contract to the Board for approval. This project is funded from Fund 01 and reimbursed by COVID-19 Federal Grants Fund 175. The total cost for this agreement is $8,612.00.
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I.3. Approval of Amendment No. 002 to the Agreement with Hausmann Construction, Inc. – Northwest High School Capital Improvements & Renovation Project – 2018 Bond Program – (Add $632,500.00) Revised Total: $6,928,065.00
Rationale:
FUND: 42 2018 Bond Program Proceeds Fund
PROGRAM: 2591 Building & Grounds DEPT: 3360020 - Northwest High School Facilities PROJECT: 321521 - Northwest High School Project SUPPLIER: Hausmann Construction, Inc. POLICY: 7003, F.3. AMOUNT: $632,500.00 Administration, Jacobs, and Alvine Engineering recommend approval of Amendment No. 002, which includes the installation of a new mechanical rooftop unit to provide cooling to the kitchen for Northwest High School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $632,500.00. This additional work is needed for the kitchen and cafeteria environment as the existing system does not provide adequate cooling for staff and students in the area. The Board approved the CMR Agreement with Hausmann Construction Inc. on December 14, 2020, GMP Amendment No. 001 on May 5, 2021, and Change Order No. 001 on August 21, 2021. The addition of GMP Amendment No. 002 brings the current value of the CMR Agreement to a total of $6,928,065.00.
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I.4. Approval of Amendment No. 004 to the Agreement with Hausmann Construction, Inc. – North High School Capital Improvements & Renovation Project – 2018 Bond Program – (Add $567,500.00) Revised Total $8,704,773.00
Rationale:
FUND: 42 2018 Bond Program Proceeds Fund
PROGRAM: 2591 Building & Grounds DEPT: 3320020 North High School Facilities PROJECT: 321523 North High School Project SUPPLIER: Hausmann Construction, Inc. POLICY: 7003, F.3. AMOUNT: $567,500.00 Administration, Jacobs, and Jackson-Jackson & Associates, Inc. recommend approval of Amendment No. 004, which consists of replacing the existing exterior and interior hollow metal door and frame assembly at the North High Multi-Purpose Center (MPC) entryway with new aluminum storefront and/or curtainwall system and door hardware security improvements for a guaranteed maximum price (GMP) of $567,500.00. The existing door system is at the end of its useful life and this additional work is needed to mitigate future building infrastructure issues and to improve the building’s safety and security operations. The Board approved the CMR Agreement with Hausmann Construction, Inc. on December 14, 2020, GMP Amendment No. 001 on May 3, 2021, GMP Amendment No. 002 on July 14, 2022, and GMP No. 003 on June 5, 2023. The addition of GMP Amendment No. 004 brings the current value of the CMR Agreement to a total amount of $8,704,773.00.
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I.5. Approval to Award Bid and Contract to FLR Sanders, Inc. for Bid No. 24-013 Bryan High School Gym Floor Replacement, Spring/Summer 2024, ($185,000.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2591 Building and Sites DEPT: 7166600 Schoolhouse Planning SUPPLIER: FLR Sanders, Inc. POLICIES: 7000, III.K, 7000, VII.A. AMOUNT: $185,000.00 Administration recommends approval to award Bid No. 24-013 and contract to FLR Sanders, Inc. for the Bryan High School Gym Floor Replacement project. This project will remove the existing wood sports floor from the gymnasium at Bryan High School and replace it with a new wood sports floor system. The existing gym floor is dated, inconsistent, and failing in locations and is no longer safe for competitions. FLR Sanders, Inc. is the only offerer whose proposal is advantageous to the District when price and other factors are considered. The total purchase of the contract is $185,000.00. Bids received were:
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I.6. Approval to Award Proposal No. P010-24 to Rockytech Inc. for Project: Common Sense Media, for the 2024-2025 School Year ($95,354.00)
Rationale:
FUND: 155 Reimbursable Grants
PROGRAM: 2252 Technology Support DEPT: 7062510 IMS PROJECT: 423923 Common Sense Media SUPPLIER: Rockytech Inc. AMOUNT: $95,354.00 POLICY: 7000. III. D. Administration recommends the approval to Award Proposal No. P010-24 to Rockytech Inc., for purchase of thirteen thousand nine hundred (13,900) iPad sleeves for Omaha Public Schools. This proposal includes screen printing on the iPad sleeve that reinforces practices for digital safety for young students. Rockytech Inc., is the lowest bidder submitting specifications and provided all required documentation. PreK through 2nd grade students will use the iPad sleeves to help keep their District iPads safe from damage and bring awareness to important digital citizenship habits. The District received eight (8) RFP responses. Mohawk USA dba Bum Armor, PhoneHero Inc. dba Tech Solutions and SHI International Corp are non-compliant for failing to acknowledge Addendum 1. Nitsom Promotional Manufacturing Corp is non-compliant for failure to meet specified requirement of neoprene or equivalent. This is a one-time purchase using Reimbursable Grant funds. The total amount awarded to Rockytech Inc.is $95,354.00.
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I.7. Approval of Change Order No. 002 for Westview High School: New High School Project – 2018 Bond Program - (Deduct $440,673.00) Revised Total: $88,640,160.00
Rationale:
FUND: 42 2018 Bond Program Proceeds Fund
PROGRAM: 2591 Buildings & Grounds DEPT: 3690020 Westview High School PROJECT: 321509 Westview High School: New High School Project SUPPLIER: Sampson Construction Co., Inc. POLICY: 7000, IV.G. AMOUNT: ($440,673.00) Administration and Jacobs, with the concurrence of the project architect/engineer, BCDM Architects, recommend that the following change order agreement be submitted for approval: Project: Westview High School: New High School Project Architect/Engineer: BCDM Architects Contractor: Sampson Construction Co., Inc. Fund: 42 2018 Bond Program
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I.8. 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.).
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I.9. 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.
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I.10. 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.
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I.11. 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.
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I.12. Approval of Claims Report E - Payroll Estimated 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 E is an estimation of payrolls to be processed prior to the next Board meeting and is presented by payroll and pay date. Board authorization is requested for amounts not to exceed the totals in the Claims Report.
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I.13. 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.
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I.14. 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. The Administration recommends approval of the attached claims to be paid from OSERS’ funds.
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I.15. Committee on Claims Audit Approval 2/8/2024
Rationale:
State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class V 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.
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I.16. Approval of a Contract with Downs Electric, Inc. for Bid No. 23-086 for Hydration Stations - Project III at Multiple Buildings, Winter of 2023 through Summer 2024 ($527,700.00)
Rationale:
FUND: 1 & 175 General Fund reimbursed by COVID Federal Grants
PROGRAM: 2620 Maintenance School/District Buildings DEPT: 7166600 Schoolhouse Planning PROJECT: 499271 ESSER III SUPPLIER: Downs Electric, Inc. POLICY: 7000, III.K, 7000, VII.A, 7000, VII.D AMOUNT: $527,700.00 Administration recommends approval of the attached contract with Downs Electric, Inc., the low bidder for Bid No. 23-086 OPS Hydration Stations - Project III. This purchase is in alignment with Piller 3-Infrastructure for the Future. Downs Electric, Inc. is the responsible offeror whose proposal is most advantageous to the District with price and other factors considered. The Board of Education approved Bid No. 23-086 on November 13, 2023. The contract purchases and installs new refrigerated drinking fountains, bottle filling stations, and associated electrical, plumbing, and architectural work. This project will address Field Club Elementary, Franklin Elementary, Gomez Elementary, Harrison Elementary, Hartman Elementary, Highland Elementary, Howard Kennedy Elementary, Indian Hill Elementary, Jackson Elementary, Kellom Elementary, Liberty Elementary, Lothrop Elementary, Miller Park Elementary, Mount View Elementary, Oak Valley Elementary, Morton Middle, Marrs Middle, Norris Middle, North High, and Northwest High School. This project is scheduled to be completed in September 2024. The price of this contract is $527,700.00. This project is funded using Fund 01 and reimbursed by COVID-19 Federal Grants.
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I.17. Approval of the Head Start Grant Carryover Request for the Fiscal Year 2023 ($16,913.00)
Rationale:
FUND: 156, Head Start/Early Head Start
PROGRAM: 3201, Early Childhood Education DEPT: 0660085, Kennedy Head Start Grant AMOUNT: $16,913.00 POLICIES: 3570 Administration recommends approval of the Head Start Carryover Request for the Fiscal Year 2023. This carryover request will allow the District-operated Head Start program to spend the remaining $16,913.00 that was unspent. The remainder of the funds will be used to purchase replacement health screening machines.
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I.18. Approval of Head Start Non-Federal Share Waiver Request for Fiscal Year 2023 ($2,065,383.00)
Rationale:
FUND: 156, Head Start/Early Head Start
PROGRAM: 3201, Early Childhood DEPT: 0660085, Kennedy Head Start Grant AMOUNT: $2,065,383 POLICIES: 3570 In keeping with 42 U.S.C. 9837 (also known as Section 642 of the Head Start Act), the Board of Education serves as the Governing Body for Head Start. Under the Head Start Act, the Board of Education has legal and fiscal responsibility for the Head Start program and is required to review and approve all applications for funding and amendments. Moreover, in accordance with Policy 3570, it is the policy of the District to comply with federal grant programs in which the District participates. Head Start is one such program. The Head Start program is required to document a non-federal share match amount of $2,065,383 for the 2023 fiscal year. As a result of reduced community and parent volunteers following the Covid-19 pandemic, the District was only able to document $1,695,158 in non-federal share monies, $367,225 less than the required amount. As a result, the Administration recommends that the Board approve submission of Head Start Fiscal Year 2023 Non-federal Share waiver request.
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I.19. 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.
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I.20. Approval to Purchase Dental Equipment from Patterson Dental Supply, Inc. for the Benson High Medical Clinic Addition ($238,551.48)
Rationale:
FUND: 1 General Fund
PROGRAM: 2620 Maintenance School/District Buildings DEPT: 7166600 Schoolhouse Planning SUPPLIER: Patterson Dental Supply, Inc. POLICIES: 7000, V.B., 7000, VII.A. AMOUNT: $ 238,551.48 Administration and Jacobs recommend approval to purchase dental equipment from Patterson Dental Supply, Inc., as part of the entry and medical clinic addition at Benson High School. Administration requests the Board waive the bidding requirement under Policy 7000 so the District can utilize pricing from the E&I Cooperative Services Contract Number EI 00077. Purchase of the equipment through Patterson Dental Supply, Inc. cooperative purchase contract is the most advantageous to the District for this specialized equipment when considering price, delivery time, and installation time. The purchased equipment will be utilized by project partners providing services in the dental clinic provider space of the new entry and clinic addition. The cost of the purchase is $238,551.48.
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I.21. Approval to Purchase One Hundred and Seventy-Four (174) Audiometer Units and Seventy-Five (75) Additional Headsets from School Health Inc. ($213,936.78)
Rationale:
FUND: 1 & 175 COVID Federal Grants
PROGRAM: 2130 Health Services DEPT ID: 7105500 Health Services PROJECT: 499250 Family and Community Engagement SUPPLIER: School Health Inc. POLICIES: 7000, III.K, 7000, VII.A AMOUNT: $213,936.78 Administration recommends the purchase of one hundred seventy-four (174) Audiometers and seventy-five (75) Headsets for Health Offices in all District schools. This is part of our Family and Community Engagement under Pillar IIII using ESSER funds. These additional Audiometers and Headsets are needed to supplement the 5 units already purchased after Board approval of Bid No. 22-085 for Medical Supplies on August 15, 2022. These Audiometers and Headsets will be used to comply with the Nebraska state mandate, Title 173, Chapter 7, Nebraska Revised Statue 79-249, screening for hearing of students by delivering different frequencies and loudness levels of sound. Each Audiometer unit includes one (1) ac/dc power adapter, one (1) carry case and one (1) Headset. The Audiometers will be sent to all schools. The additional Headsets are for the units at sites with larger student enrollment. Each Audiometer unit purchase amount is $1,070.47 and each additional Headset is $369.00. The approved bid included terms that pricing be held until July 31, 2024, on the purchase of additional units. The total amount of this additional purchase is $188,245.50.
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I.22. Approval to Purchase Three-Year Software Subscription from Layer Platform, Inc. ($186,278.40)
Rationale:
FUND: 1 General Fund
PROGRAM : 3120 Contracted Services DEPT : 7166500 Maintenance SUPPLIER: Layer Platform, Inc. POLICY: 7000 AMOUNT: $62,092.80 per year Administration recommends approval of a multi-year subscription of the Computerized Maintenance Management System (CMMS) software from Layer Platform, Inc., for use as the Districts Work Order Software. The multi-year subscription includes a 10% educational discount and locks the price for the product at 2024 rates. The initial contract date is February 1, 2024 and will continue for a three-year renewal expiring January 31, 2027. The purchase of the proposed software will support District facility maintenance and operation processes, including work orders, asset management, and building information modeling (BIM) integration. The contract includes a Data Protection Agreement outlining Security practices, and data encryption processes. Administration requests the Board of Education to waive the Policy 7000 requirement to bid this product. The Department of Operational Services thoroughly evaluated seven software products to determine which tools best fit the Districts current needs. Layer Platform, Inc. is the only company that provides (BIM) integration and local on-site technical support. The cost of the purchase is $62,092.80 a year, with a total 3-year price of $186,278.40.
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I.23. Approval of Second Reading of Policy 6213
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. The Policy Committee Chair will provide recommended changes to Policy 6213.
6213 - Acceptance of Credits
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I.24. Approval of Surplus Inventory Items for Auction or Discard
Rationale:
Pursuant to Policy 3090, the Administration recommends approval to surplus and auction or discard the attached lists of items, including vehicles, office furniture, and miscellaneous surplus items. The auction will be held online by The Auction Mill L.L.C. as a public auction from February 18, 2024, through March 3, 2024. The District is selling the surplus items "AS IS" since they are no longer usable by the District.
The District will pay 10% of the gross proceeds of sale for any vehicles sold. The title transfer fee of $25.00 will be charged to the individual purchasing the vehicle. Auction Mill L.L.C. will receive 20% of the gross proceeds of the sale of miscellaneous surplus items. The Administration further requests that the Board of Education authorize the Superintendent or his designee to sign all necessary transfer documents upon payment in full by the purchasers.
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J. Discussion and/or Action Items
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J.1. Information Item(s)
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J.1.a. College & Career Academies and Pathways Update
Rationale:
Administration will provide an update on the work occurring to support the implementation of College & Career Academies and Pathways, specific to Dual Enrollment, Industry Certification, Advanced Academic Diplomas, and Postsecondary Information.
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J.1.b. Accountability Committee Update
Rationale:
The Chair of the Accountability Committee will provide an update.
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J.2. Action Item(s)
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J.2.a. Approval of Superintendent Candidate Finalists
Rationale:
The Board of Education will take action on recommendations made by GR Recruiting regarding finalists for Superintendent interviews.
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J.2.b. 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 Kissel Kohout ES Associates 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 particular concern to the District that arise between Board Meetings. The Committee is recommending that the Board adopt the following new positions with this report:
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K. Receipt of Reports
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K.1. 2023-2024 English Learner - Refugee Report
Rationale:
The purpose of this report is to provide analysis of 2023-24 OPS students who participate in the English Learner (EL) program, speak languages other than English in the home, and/or are refugees to the United States. Examination of the District’s EL program’s participation, student’s home languages, and the refugee student population assists school policymakers, staff, and community to better understand the students who qualify for EL and other cultural and language services within the Omaha Public Schools.
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K.2. Head Start Annual Report to the Public 2022-2023
Rationale:
In accordance with Performance Standards and the 2007 Head Start Act, the Board of Education will be presented with the Head Start Annual Report for Douglas County School District 001 2022-2023 school year. Head Start Act Sec. 644 (2) Each Head Start agency shall make available to the public a report published at least once in each fiscal year.
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K.3. Head Start Monthly Board Report for December 2023
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.
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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. 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. |
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M. Adjournment
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