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June 15, 2020 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 click on the following link (or copy and paste into your browser) on Monday, June 15, 2020 between 6:00-6:35 p.m. to complete the online "Request to be Heard" form:

https://forms.office.com/Pages/ResponsePage.aspx?id=tm3mWBshN0q36A72lnQgwWp_AWkMbOlNoudX3jW_M4tURFRQUU0xTUpTTkhFWjFLS0dEWkdYMjVVSC4u

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 on the June 15, 2020 Board of Education, agenda item A.1. Open Meetings Act.

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.

Attachments: (2)
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:  Omaha Public Schools prepares all students to excel in college, career, and life.
E. Roll Call
E.1. Excused/Unexcused Absence
F. Board and Superintendent Communications
F.1. Superintendent
Attachments: (1)
F.2. Board Members
G. Public Comment and Recognition
Rationale:  Notice to visitors: If you wish to speak, please click on the following link (or copy and paste into your browser) on Monday, June 15, 2020 between 6:00-6:35 p.m. to complete the online "Request to be Heard" form:

https://forms.office.com/Pages/ResponsePage.aspx?id=tm3mWBshN0q36A72lnQgwWp_AWkMbOlNoudX3jW_M4tURFRQUU0xTUpTTkhFWjFLS0dEWkdYMjVVSC4u
H. 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. 
H.1. Reading of Minutes
H.1.a. Monday, June 8, 2020 - Regular Meeting
Attachments: (1)
H.2. Approval of the 2020-21 Master Services Agreement Between the Educational Service Unit Coordinating Council and Educational Service Unit, No. 19
Rationale:  The Master Services Agreement allows Educational Service Unit, No. 19 to participate in statewide core service initiatives pursuant to Rule 84. Through our participation, we are able to take advantage of products and services at a cost savings because of statewide buying power.  This agreement is renewed annually.
Attachments: (1)
H.3. Approval of the 2020-2021 Office Personnel Negotiated Agreement
Rationale:  This District and SEIU Local 226 have negotiated wages, benefits, terms and conditions of employment for the 2020-2021 school year within the parameters set forth by the Board of Education.  Local 226 has ratified the Agreement as presented and staff recommends approval by the Board of Education
Attachments: (2)
H.4. Approval of an Amendment to the Agreement dated June 5, 2017, Between the District and The Central High Foundation Pertaining to the Funding of Certain Design and Construction Work and Furniture and Equipment Acquisition at Central High School.
Rationale:  The Administration recommends approval of the attached Amendment to the Agreement dated June 5, 2017, between the District and The Central High Foundation.  The original agreement set forth the obligations of The Central High School Foundation to provide for funding of the design and construction of a new addition on the east side of Central High School.  In that Agreement, the District agreed to expend funds to repurpose existing classroom spaces that were vacated when those classroom functions were relocated to the new addition and to acquire certain furniture and equipment for the new addition.  After the Agreement was executed, the District requested that the repurposing work be delayed so that the vacated space could be used for "swing space" to allow for temporary classroom relocations to the vacated area to accommodate telecommunications infrastructure upgrade work to be performed throughout the building.  This Amendment allows the deferral of the repurposing work to June, 2021, and also increases the amount of the District’s contribution for repurposing and for furniture and equipment acquisition from a maximum of $5,000,000 to the specific amount of $5,500,000.
 
H.5. Approval of First Amendment to Contract for Bus Transportation Services with Student Transportation of Nebraska
Rationale:  Staff recommends approval of the attached First Amendment to the current Contract for Bus Transportation Services with Student Transportation of Nebraska (STA).  The District is agreeing to pay STA $2,000,000 of the funds it receives from the ''Education Stabilization Fund'' that was created as a part of the CARES Act.  The Education Stabilization Fund provides that a school district receiving such funds should, to the greatest extent practicable, continue to pay its contractors during the period of any disruptions or closures related to coronavirus.  The payment will be made in two installments, the first of which will be made on June 15.  The second payment will be on or about September 18, 2020, or 30 days following when the District resumes regular classes which require transportation of students and is contingent on STA being fully staffed.  In addition, in light of a nationwide shortage of new busses, the District is also agreeing to permit STA to postpone for a period of one year the agreed upon bus replacement cycle with the agreement that all busses which would have been replaced in the 2020-2021 school year will be replaced by the start of the 2021-2020 school year.
 
Attachments: (1)
H.6. Approval of the Contract with University of Nebraska Medical Center for Speech Language Services
Rationale:  Staff recommends approval of a contract with University of Nebraska Medical Center to provide Speech Language Services. The contract will provide augmentative communication evaluations, speech evaluations, and speech services to students at J.P. Lord School. The contract also provides for augmentative communication evaluations and consultation for all schools.The contract will be effective until May 31, 2022. The total cost to the district is $32,242 per year and is an allowable, reimbursable special education expenditure.
 
Attachments: (1)
H.7. Approval of Settlement Agreement between the District and Elias (Last Name Redacted) on Behalf of Himself and as Parent and Next Friend of his Minor Child, Relating to the Sexual Assault of his minor child by Gregory Sedlacek at Fontenelle Elementary School
Rationale:  The Administration recommends approval of the attached Settlement Agreement which was negotiated by the parties during a recent mediation.  The Agreement is between the father, the father on behalf of the student victim, and the District.  The settlement is in the amount of $625,000, which will be used, in part, to fund a Structured Payment for the student victim.  As part of the Agreement, the District is released from all claims.  The Agreement is subject to establishment of a conservatorship on behalf of the minor child and requires approval by the County Court of Douglas County.  The costs of the settlement are being covered through United Educators, the District’s insurance carrier.
 
Attachments: (1)
H.8. Approval of UNMC School Psychological and Applied Behavior Analysis Services Contract
Rationale:  Staff recommends approval a contract with University of Nebraska Medical Center to provide School Psychology and Applied Behavior Analysis Services. The contract will provide school psychological services in schools where the school psychology position is vacant. The applied behavior analysis services will be used to support students with autism and their IEP teams in the implementation of behavior intervention plans. The contract will be effective until May 31, 2022. The total cost to the district is $540,000 per year and is an allowable, reimbursable special education expenditure.
 
Attachments: (1)
H.9. Approval of 7th and 8th Grade Athletic Insurance Coverage
Rationale:  Administration recommend the approval of the attached renewal of 7th & 8th Grade Athletic Insurance Coverage at the cost of $5,378 annually.  This is a plan is provided by Student Assurance Services & Zurich Insurance and has been in place since 2008.  The annual premium did not increase and coverage is provided at the 2019-2020 premium of $5,378.
Attachments: (1)
H.10. Approval of Voluntary Student Accident Insurance
Rationale:  Administration recommend the approval of the attached Voluntary Student Accident Insurance plan.  This is a voluntary plan that parents can elect to provide a maximum benefit of up to $25,000 of coverage for their student.  This plan is parent paid with no district contribution. 
Attachments: (2)
H.11. Approve Amendment No. 001 to the Agreement with Hausmann Construction - South Swing School Improvements ($3,415,249.00)
H.12. Approve Declaration of Surplus Relocatable Classroom Buildings & Ramps at Highland Elementary
H.13. Award of Construction Manager at Risk Firm Selection - TAC Building Redevelopment
 
H.14. Award to Abante Marketing for Bid No. 20-061 Reusable Cotton Face Masks 
H.15. Award to Dostals Construction Company Inc. for Bid No. 20-053 - 2014 Bond Program - New Primary Playground at Columbian Elementary School with Musical Play Equipment and Bench ($136,100.00)
H.16. Award to Dostals Construction Company Inc. Bid No. 20-058 - 2014 Bond Program - New Early Childhood Playground at Boyd Elementary School($119,400.00)
H.17. Award Hausmann Construction for Manager at Risk Firm Selection - South Swing School Improvements
H.18. Award to Optimized Systems Bid No. P030-20 - 2018 Bond Program - Building Automation Systems: Consultant Proposal for Building Commissioning Services - Various Schools
Attachments: (1)
H.19. Award to Rocket Distributors LLC and Cubic Group Inc. for Bid No. 20-059 Disposable Masks 
H.20. Award to the Weitz Company for Construction Manager at Risk Agreement - 2018 Bond Program - Central High School Capital Improvements & Renovation Project
H.21. 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  A REPORT
Attachments: (4)
H.22. 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 B REPORT
Attachments: (1)
H.23. 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 C REPORT
Attachments: (1)
H.24. 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)
H.25. Committee on Claims Audit Approval 6/15/2020
Rationale:  The Committee on Claims met on 6/15/2020 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
H.26. Grant Fund Budget Adjustments
Attachments: (1)
H.27. Proposed Administrative Appointments
Rationale:  Administration recommends approval of the administrative appointments found in the attached document.   
Attachments: (1)
H.28. Proposed Staffing Adjustments
Rationale:  Administration recommends approval of the staffing recommendations found in the attached Staffing Adjustments. 
Attachments: (1)
H.29. Purchase of Curricular and Digital Materials and Resources for grades K-6 to Extend our Current Go Math! Adoption for Two More Years, from Houghton Mifflin Harcourt (HMH)
Rationale:  The Department of Curriculum and Instruction Support (CIS) requests approval for the extension of curriculum materials and resources for K-6 Math from HMH. This purchase aligns with the current Nebraska Math Standards. The materials include consumable books as well as digital access. The materials will cost $359,552.70.
H.30. Purchase of Curricular Materials, Consumable Texts, Online Texts, and Online Resources for Grades 6-8 and K-5 Science from Savvas Learning Company (Pearson)
Rationale:  The Department of Curriculum and Instruction Support (CIS) requests approval for the purchase of extensions of Pearson Elevate and Realize from the Savvas Learning Company for Grades 6-8 (one-year extension) and K-5 (three-year extension) Science for implementation in the 2020-2021 school year.  This purchase aligns with the Nebraska College and Career Ready Standards for Science.  This purchase also aligns with the District’s 2020-2025 Strategic Plan of Action, specifically Guiding Principle 2, High Expectations,  Rigorous Curriculum and Effective Instruction, and Objective 2.2, Provide a rigorous, guaranteed, differentiated, and viable curriculum to all students.  The materials include consumable texts, online texts, and other online resources (teachers’ editions, videos, video demonstrations, simulations, etc,).  The materials and online access will cost $95,134.82 for grades 6-8 and $754,806.43 for grades K-5.
 
H.31. Re-appointment of Mr. Herman Colvin to the Omaha Public Schools Foundation’s Board of Directors
Rationale:  Approval by the Omaha Public Schools Board of Education is requested on June 15, 2020 for the re-appointment of Mr. Herman Colvin to the Omaha Public Schools Foundation’s board of directors.  The term is for June 2020 expiring June 2023.
H.32. Rejection of All Bids for Central High School Band Uniforms - Bid No. 20-49
Rationale:  Staff recommends that the District reject all bids for Central High School Band Uniforms Bid No. 20-049. All bids received were non-compliant in meeting specifications.
 
I. Discussion and/or Action Items
I.1. Action Item(s)
I.1.a. Student Code of Conduct 2020-2021
Rationale:  Central Office staff will provide information on recommended changes to the 2020-2021 Code of Conduct.  Action will be requested from the Board at the June 15, meeting.  
Attachments: (3)
I.1.b. Declaration of Surplus for the Property at 3262 Davenport, Omaha, NE  68102 (former Yates Elementary School).
Rationale:  In keeping with the provisions of Policy 7000, the Administration recommends that the real property and improvements located at 3262 Davenport, Omaha, NE 68102 (the "Property"), be declared surplus property, in preparation for the sale of the Property.  The District originally acquired the Property in 1915 and used it for the Henry W. Yates Elementary School facility.  The District no longer needs this Property since the District constructed a new elementary school at 32nd and Burt Streets.  The declaration of surplus will enable the Property to be sold.

 
Attachments: (1)
I.1.c. Approval of the Listing for Sale of Surplus Property at 3262 Davenport, Omaha, NE  68102 (Former Yates Elementary School) with Investors Realty, Inc. and Authorization for the Superintendent of Schools to Negotiate and Execute a Listing Agreement with Investors Realty, Inc. for Sale of the Surplus Property.
Rationale:  Staff recommends approval of the attached Resolution authorizing the Superintendent of Schools to negotiate and execute a listing agreement with Investors Realty, Inc. for sale of the property at 3262 Davenport, Omaha, NE 68102 (former Yates Elementary School).  The resolution also authorizes the Superintendent to set a listing price within the valuation range contained in the Broker’s Opinion of Value prepared by Investors Realty, Inc., and requires that the property must be sold subject to a recorded covenant that restricts its future use to educational purposes only for a term of 10 years.  Any purchase agreement for the property must provide that it has to be approved by a 2/3rds vote of all of the members of the Board of Education in order to be valid and binding.
 
I.1.d. Superintendent's Evaluation
Rationale:  The Board of Education hereby affirms that Board President Snow met to conduct and complete Superintendent Logan's evaluation on Monday, June 15, 2020. .
I.2. Information Item(s)
I.2.a. Recommended 2020-2021 Calendar Changes  
Attachments: (2)
J. Receipt of Reports
J.1. CBOC Bond Update - Phase 1 and 2
Rationale:  CBOC update of the Phase I & Phase II Bond Programs May 2020

Attached please find updates from Citizen’s Bond Oversight Committee (CBOC)
 
Attachments: (2)
K. 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.

 
L. Adjournment

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