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July 13, 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 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:  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. Treasurer
Rationale:  The Treasurer's Report for May 2020 is attached for review
Attachments: (1)
F.2. Superintendent
Attachments: (1)
F.3. Board Members
G. Public Comment and Recognition
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 15, 2020 - Regular Meeting
Attachments: (1)
H.1.b. Thursday, June 25, 2020 - Workshop
Attachments: (1)
H.1.c. Monday, June 29, 2020 - Special Meeting
Attachments: (1)
H.2. Amendment No. 003 to the Agreement with Darland Construction - 2018 Bond Program - New Elementary School 10th & Pine Street Project $15,155,702.00
H.3. Amendment No. 005 to the Agreement with McCarthy Building Companies, Inc. - 2018 Bond Program - New High School 60th & L Street Project $1,852,300.00
H.4. Amendment No. 007 to the Agreement with Sampson Construction Co., Inc. - 2018 Bond Program - New High School 156th & Ida Street Project $2,321,754.00
H.5. Approval of the 2020-2021 Educational Paraprofessionals Negotiated Agreement
Rationale:  The District and SEIU local 226 have negotiated the 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.6. Approval of the 2020-2021 Nutrition Services Negotiated Agreement
Rationale:  The District and SEIU Local 226 have negotiated the 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.7. Approval of Change Order No. 001 - Bid No. 20-003  Roof Coating at Various Schools, Summer 2020 - Benson High School (Deduct $25,786.00)
H.8. Approval of Change Order No. 002 - Bid No. 20-003  Roof Coating at Various Schools, Summer 2020 - Central High School (Add $25,434.84)
H.9. Approval of Contract with Midland University for K-12 ESL Endorsement Program
Rationale:  The Office of English Learners, Dual Language, Migrant and Refugee Education recommends approval of a contract with Midland University to offer Omaha Public Schools (OPS) certified teachers the opportunity to earn their K-12 ESL Endorsement.  In alignment with Title III guidance, the ESL Endorsement program serves to develop and enhance teacher capacity to meet the language and content needs of English learners.  In accordance with the Nebraska Department of Education Rule 15, the program increases the number of teachers with an ESL Endorsement, which is one way the Omaha Public Schools continues to ensure qualified teachers are working with English learners. 

The contract will provide a 15-credit graduate level program consisting of four classes and a practicum experience.  Participants are selected based on District needs, must be a full-time certified teacher in OPS and be scheduled to have English learners in their classroom for the next school year.  It is expected that participants will work three years in OPS after the completion of the program.  The contract will be effective for one (1) year, from June 15, 2020 to July 31, 2021.  The anticipated total cost to the district from Title III funds is $113,400.
 
Attachments: (1)
H.10. Approval of Settlement Agreement between the District and Christopher (Last Name Redacted), his spouse on behalf of themselves and as parents and next friends of their minor child. 
Rationale:  The Administration recommends approval of the attached Settlement Agreement which was negotiated by the parties.  The Agreement is between the father, the mother, the parents on behalf of the student victim, and the District, arising from an incident which occurred on April 26, 2019, when a portion of the child’s index finger was sliced off by the door mechanism on a bus.  The settlement is in the amount of $200,000.  As part of the Agreement, the District is released from all claims.  The Agreement requires approval by the County Court of Douglas County.  The costs of the settlement are being covered, in part, through United Educators, the District’s insurance carrier.
Attachments: (1)
H.11. Approve Lease Extension Agreement with HFH, LLC for Storage at 37th & D St.
H.12. Approval to Negotiate a Contract with Metlife for Short Term Disability Services
H.13. Approval to Purchase District Annual Order General Art and Office Supplies For 2020-2021 School Year
H.14. Approval to Purchase End Point Network Security Licenses
H.15. Approval to Purchase Enterprise Software Licensing for Network Management and Security (Cisco Duo Access Suite and Identity Services Engine)   
H.16. Approval to Purchase Enterprise Software Licensing for Network Management and Security (5 Year Cisco Enterprise Licensing Agreement)
H.17. Approval to Purchase iPad Peripherals for Field Club Elementary School
H.18. Approval to Purchase iPad Peripherals for McMillan Middle School
H.19. Approve Purchase of Promethean ActivPanels, and Adjustable Stands for Liberty Elementary School
H.20. Approval to Purchase Server and Data Storage for the Teacher Administrative Center and Scott Technology Data
H.21. Award Bid No.20-052 to Encore Data Products for Literacy Headphones
H.22. Award Bid Number No. 20-066 for Forklift Equipment: One (1) Sit Down Forklift, One (1) Standup Forklift and Three (3) Walkie Riders
H.23. Award Bid Number No. 20-067 to Butler Ag Equipment for Tractor Equipment: One (1) Tractor W/ Mechanical Front-wheel Drive and/or One (1) Tractor W/Loader & Box Scraper
H.24. Award Bid Number 20-068 to Woodhouse Ford for Vehicles: One (1) SUV and Two (2) Medium Transit Vans and Seventeen (17) Low Roof Vans
Attachments: (1)
H.25. Award Contract for Bid No. 20-026 to School Health Corporation for District Medical Supplies for the 2020-2021 School Year  
H.26. Award to HD Supply White Cap Construction for Purchase of Alcohol Based Hand Sanitizer
H.27. Award to Various Vendors for  Bid No. 20-047 Literacy Materials
H.28. Award to Various Vendors for  Bid No. 20-048 Sensory Materials
H.29. Award to Synovia Solutions for Here Comes the Bus
Attachments: (1)
H.30. Certificate(s) of Substantial Completion - 2018 Bond Program - New Elementary School: 1000 N. Fort Crook Road - Site Demolition & Grading Construction
H.31. Change Order No. 002 - 2014 Bond Program - Capital Improvements & Renovation - Nathan Hale Magnet Middle School (Add $459,612.30)
H.32. 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.33. 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.34. 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.35. 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.36. Committee on Claims Audit Approval 07/13/2020
Rationale:  The Committee on Claims met on 07/13/2020 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
H.37. Design Firm Selection - 2018 Bond Program - South High Magnet School Capital Improvements & Renovation Project - BCDM Architects $695,000.00
Attachments: (1)
H.38. Flexible Benefit Plan Amendment
Rationale:  Administration recommends the approval of the attached amendment to the OPS Flexible Benefit Plan (Section 125 Cafeteria Plan) due to recent legislation that has allowed expanded benefits with Section 125 Cafeteria Plans.  These changes provides for expanded coverage of over the counter medications and the ability for an employee to make mid-year adjustments to their flexible spending account elections due to COVID-19. 
H.39. Grant Fund Budget Adjustments
Attachments: (1)
H.40. Head Start Grant Application and Budget
Rationale: 

Staff recommends approval of the attached Head Start grant application and budget to support early childhood programming for 899 students birth to five. This total is comprised of a combination of 747 preschoolers and 152 infants/toddlers. The purpose of the Head Start and Early Head Start programs (Educare) is to provide safe, caring, and nurturing environments that promote the physical, cognitive, social, and emotional growth of infants, toddlers, and preschoolers. 

H.41. Proposed Administrative Appointments
Rationale:  Administration recommends approval of the administrative appointments found in the attached document.    
H.42. Proposed Staffing Adjustments
Rationale:  Administration recommends approval of the staffing recommendations found in the attached Staffing Adjustments.    
Attachments: (1)
H.43. Purchase of Curricular Materials for Grades 8 and 9 Physical Science from Atlantis Educational Services
Rationale:  The Department of Curriculum and Instruction Support (CIS) recommends approval of the purchase of curricular materials for Physical Science from Atlantis Educational Services Inc.  The materials include water Bottle Engine Test Apparatus (BETA) 2.0, water rocket launchers, and data recorders.  The materials support the implementation of a Rocketry unit of study in Physical Science that was developed by OPS Science Teachers as part of the current science grant.  Physical Science is a required course at all OPS high schools and at all OPS middle schools as an early entry option for the high school science sequence. 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. This purchase will cost $65,201.76 and is funded by the Secondary Science Opportunities for Students Grant.  
Attachments: (1)
H.44. Purchase of Additional Curricular Materials and Resources (Read 180 and System 44) for Grades 9-12 Reading Intervention from Houghton Mifflin Harcourt (HMH)
Rationale:  The Department of Curriculum and Instruction Support (CIS) requests approval for the purchase of additional curriculum materials and resources from Houghton Mifflin Harcourt (HMH) for 9th through 12th grade reading intervention. This purchase aligns with Strategic Priority 1 - Academics through the pursuit of creating strong Communicators and Resilient Achievers as detailed in the Portrait of a Graduate. Targeted interventions help ensure students’ academic success. These additional resources will expand access to students. Read 180 and System 44 are the same materials and resources as those approved by the board in 2018. The materials include online student licenses, consumable books, classroom libraries, and teacher manuals. The materials will cost $75,506.00. This cost is reflective of negotiations from 2018.
 
H.45. Purchase of Khan Academy Districts Service for grade level math Math 6 through Algebra 3-4 from Khan Academy, Inc.
Rationale:  The Department of Curriculum and Instruction Support (CIS) requests approval for the Khan Academy District Service for grade level math courses Math 6 through Algebra 3-4 from Khan Academy, Inc.  This purchase aligns with District’s 2020-2025 Strategic Plan of Action, specifically the Strategic Priority 1 Academic Goals.  The District Service to be provided comprises access to the Khan Academy district dashboard, rostering support for schools and teachers, implementation support, and priority technical support for teachers in OPS, including professional development/training and a dedicated relationship manager.  The service will cost approximately one hundred eighty thousand dollars and will be funded through the OPS Educational Priorities Grant.
H.46. Resolution 20-005 Ratifying All Actions Taken by the Board of Education Since April 1, 2020
Rationale:  Staff recommends approval of the Resolution 20-005 ratifying all actions taken by the Board of Education since April 1, 2020.  The Board last met in person on March 16, 2020, and has since been meeting virtually by virtue of Executive Order No. 20-03 which authorized political subdivisions to meet telephonically or by video conference.  The Executive Order No. 20-03 was valid through May 31, 2020, and was subsequently extended, by Executive Order No. 20-24, through June 30, 2020.
H.47. Resolution 20-006 relating to Employee Contract Cancellation Hearing
Rationale:  The Board of Education is in receipt of the certified record filed by a hearing officer selected in accordance with the provisions of Nebraska Revised Statute sections 79-840 to 79-842.  The resolution sets forth the proposed timeframe and establishes the procedure to be followed at the Employee Contract Cancellation Hearing before the Board of Education.
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. Approval of Consulting Services Agreement between Omaha Public Schools and Prism Advisors
Rationale:  Staff recommends approval of the attached Consulting Services Agreement with Prism Advisors for the 2020-2021 school year. Prism Advisors has been working with the District and the Better Together Coalition to develop solutions to Omaha School Employee Retirement System’s (OSERS) underfunding. The consulting agreement will cost $4,000 per month for a $48,000 total.
I.1.c. Approval of a Year-Long Renewal for the 2020-21 School Year of the Educational Products and Services Agreement with K12 Classroom LLC, for the Kindergarten-12th Grade Students of the Omaha Virtual School - Total Cost to the District is $516,555.00  
Rationale:  The Board of Education originally approved the Omaha Virtual School (OVS)program, and the Educational Products and Service Agreement from K12 Classroom, LLC on July 18, 2016. Since then, OVS has utilized the K12 products and services to facilitate blended learning for families wanting to be actively involved in facilitating learning at home, with the support of an online curriculum and OPS certified teachers. The OVS model of blended learning combines online learning with traditional learning at the schoolhouse, (which occurs once per week).  
Attachments: (1)
I.1.d. Approve Purchase of Apple Devices for One To One Technology Initiative for Early Childhood Education
I.1.e. Approval to Purchase iPad Peripherals for Benson High School
I.1.f. Award to Various Vendors for Bid No. 20-045 for Supplement Books Classroom Libraries
I.1.g. Second Reading - Policy 4043 and 5008 
Rationale:  The Policy Committee recommends approval of changes made to Policy 4043 and 5008.  (The Board of Education approved first reading on June 8, 2020.) 
I.2. Information Item(s)
I.2.a. Preparing for a Responsible Return to School - Student Attendance and Human Resources
Rationale:  Administration will provide additional information about the District's continued planning for a responsible return to school.  
 
Attachments: (1)
J. Receipt of Reports
J.1. CBOC update of the Phase I and Phase II Bond Programs June 2020
Rationale:  CBOC update of the Phase I and Phase II Bond Programs June 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. Approval of Settlement Agreement between the District and Lizbeth (Last Name Redacted) on behalf of herself and as parent and next friend of her minor child, relating to the sexual assault of her 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 mother, the mother on behalf of the student victim, and the District.  The settlement is in the amount of $935,000, which may 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 requires approval by the County Court of Douglas County.  The costs of the settlement are being covered in part through United Educators, the District’s insurance carrier.
Attachments: (1)
M. Adjournment

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