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January 21, 2021 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:  Our #OPSProud Spotlight is Standing Bear Elementary School for receiving the National Blue Ribbon School Award. Standing Bear is one of six schools in Nebraska that was honored with the award. Schools earn this recognition based on overall academic performance or progress in closing achievements gaps.  
G. Board and Superintendent Communications
G.1. Treasurer
Rationale:  The Treasurer's Report for November 2020 is attached for review.
Attachments: (1)
G.2. Superintendent
Attachments: (1)
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. Monday, January 4, 2021 - Regular Meeting
Attachments: (1)
I.2. Approval of Annual Participant Interlocal Agreement with the Learning Community of Douglas and Sarpy Counties for the 2020-2021 School Year
Rationale:  This agreement between Omaha Public Schools and the Learning Community of Douglas and Sarpy Counties authorizes the implementation of the Superintendent's Early Childhood Plan. This interlocal agreement is a partnership between OPS, the Buffett Institute, and the Learning Community.  This agreement outlines the statement of work, program funding, reporting, obligations of the district and learning community, warranties and representations, evaluation, and other regulatory district and state statute pertaining to interlocal participation. This agreement is administered by the OPS Early Childhood Coordinator in cooperation with the Learning Community Executive Director of Elementary Learning Centers. This is an annual agreement that OPS originally entered into with the Learning Community and the Buffett Early Childhood Institute on April 1, 2015.
I.3. Approval of Certificate of Substantial Completion – Catlin Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Staff and Jacobs with the concurrence of the project architect/engineer, Schemmer Architecture, recommend the Board approve the following certificate of substantial completion for the selected project:

Contractor                                 Project                                   Completion Date

Boyd Jones Construction Co.   Catlin Elementary School:     December 18, 2020
                                                  Capital Improvements &
                                                  Renovation Project

The completion date, as listed above, is the date of commencement of the one-year warranty period and required by the contract documents.
I.4. Approval of Certificate of Substantial Completion – Conestoga Elementary School: Capital Improvements & Renovation Project – 2018 Bond Program
Rationale:  Staff and Jacobs with the concurrence of the project architect/engineer, Schemmer Architecture, recommend the Board approve the following certificate of substantial completion for the selected project:

Contractor                                 Project                                    Completion Date

Boyd Jones Construction Co.  Conestoga Elementary School: December 18, 2020
                                                 Capital Improvements &
                                                 Renovation Project

The completion date, as listed above, is the date of commencement of the one-year warranty period and required by the contract documents.
I.5. Approval of Change Order Request with Accenture Consulting to Provide Production Support and Issue Resolution for Fixed Assets ($69,600)
Rationale:  FUND:  1  General  
CLASS:  000                  
PROGRAM:  2510  Business Support Services
VENDOR:  Accenture 
AMOUNT:  $69,600.00 

The District recommends engaging Accenture Consulting to provide technical assistance in addressing accounting system issues related to the Material Weakness in Capital Assets identified in the 2019-20 audit.  A Senior Functional Consultant from Accenture will work with Information Management Services and Accounting & Financing staff for a period of up to six weeks in January and February to address these accounting system issues and identify and implement solutions to correct them.  The estimated cost of the engagement is $69,600 and will be paid for out of the District's General Fund.
Attachments: (1)
I.6. Approval of Change Order No. 001 – Proposal No. P008-21 - South High School Elevator 1, Sump Pump, (ADD $1,881.00) Revised Total: $9,997.00
 
Rationale:  Staff recommends that the following change order agreement be approved to South High School Elevator 1, Sump Pump. The change order, which is greater than 10% of the original bid,  would allow for the installation of three (3) new breakers, conduit and wiring to separate circuits, controller, and wiring to the new breakers to meet specifications.  This is part of the 2019-2020 Budget Amendment which was approved by the Board of Education on February 3, 2020.

The following code is used on each change order item:

C - Completed
A - Authorized by architect/engineer and/or staff
P - Pending Board of Education Approval                              

Project: Proposal No. P008-21 South High Elevator 1, Sump Pump
School:  South High School
Contractor: Prairie Mechanical
Fund:       01 General Fund
Program:    2510 Business Support Services
Class:      937 2019-20 Budget Amendment
Agreement:  Purchase Order #217717
 
PCO Type Status Description Type Amount
001 Arch A Authorized Electrical Design Changes from Morrissey Engineering, accommodating circuit separation for South High School Elevator 1 sump pump controller. Add $1,881.00
Total Amount of Change Order No. 001 -  Add                        $1,881.00

Original Contract Amount:                                          $8,116.00
Previously Approved Changes:                                       $    0.00
Change Order No. 001 - Add                                         $1,881.00
Total Revised Contract Amount:                                     $9,997.00
Amount Paid to Date:                                               $    0.00
Amount Remaining:                                                  $9,997.00
I.7. Approval of Change Order No. 001 – Proposal No. P009-21 - South High School - Elevator 2, Sump Pump, (ADD $2,156.00) Revised Total: $9,750.00
 
Rationale:  Staff recommends that the following change order agreement be approved to South High School Elevator 2, Sump Pump.  The change order, which is greater than 10% of the original bid, would allow for the installation of two (2) new breakers, conduit and wiring to separate circuits, controller, and wiring t meet specifications. This is part of the 2019-2020 Budget Amendment which was approved by the Board of Education on February 3, 2020.

The following code is used on each change order item:

C - Completed
A - Authorized by architect/engineer and/or staff
P - Pending Board of Education Approval                              

Project: Proposal No. P009-21 South High Elevator 2, Sump Pump
School:  South High School
Contractor:  Prairie Mechanical
Fund:       01 General Fund
Program: 2510 Business Support Services
Class:      937 2019-20 Budget Amendment
Agreement: Purchase Order #217719
PCO Type Status Description Type Amount
001 Arch A Authorized Electrical Design Changes from Morrissey Engineering, accommodating circuit separation for South High School Elevator 1 sump pump controller. Add $2,156.00
Total Amount of Change Order No. 001 -  Add                 $2,156.00

Original Contract Amount:                                   $7,594.00
Previously Approved Changes:                                $    0.00
Change Order No. 001 - Add                                  $2,156.00
Total Revised Contract Amount:                              $9,750.00
Amount Paid to Date:                                        $    0.00
Amount Remaining:                                           $9,750.00
 
I.8. Approval of Change Order No. 002 for Pinewood Elementary School - Capital Improvements & Renovation – (Deduct $16,070.00) Revised Total: $4,641,892.00 - 2018 Bond Program
Rationale:  Staff and Jacobs with the concurrence of the project architect/engineer recommend that the following change order agreement be submitted for approval:

The following code is used on each change order item:

C - Completed
A - Authorized by architect/engineer and/or staff
P - Pending Board of Education approval

Project: Capital Improvements & Renovation - Pinewood Elementary School - #C4414
Architect/Engineer: Alley Poyner Macchietto Architecture
Contractor: Meco-Henne Contracting, Inc.
Fund: 40 2018 Bond Program

RFP#

Type

Status

Description

Type

Amount

PCO052
 

Arch.

C
Provide a credit for the unused allowances, which fund owner requested items and unforeseen conditions for the project that was included with the original contract bid.
Deduct

($16,070.00)
 
Total Amount of Change Order No. 002 - Deduct   ($16,070.00)   

      Original Contract Amount                               $4,577,000.00
       Previously Approved Changes                           $80,962.00
       Change Order No. 002 - Deduct                      ($16,070.00)   
       Total Revised Contract Amount                     $4,641,892.00   
        Amount Paid to Date                                    $4,390,675.80
        Amount Remaining                                          $251,216.20
I.9. Approval of a Contract with Formative (also known as GoFormative) to Purchase a Formative Teaching and Assessment Solution
Rationale:  The Department of Curriculum and Instruction Support (CIS) requests approval to purchase Formative (also known as GoFormative) district-wide for secondary science and world language teachers to use within their classrooms. This purchase aligns with the District’s 2020-2025 Strategic Plan of Action, Strategic Priority 1 Academic Goals, specifically that all students will have equitable access to technologies necessary to support learning.  Formative is an online educational tool that provides a platform for teachers to create informal or formal checks for understanding and assessments.  Teachers can create formatives from a variety of student response types with the ability to provide individualized feedback in real time.  With Formative, teachers have the option to create multifaceted lessons that include warm-ups as well as showing work, watching supplemental videos, and submitting written reflections; all while giving students a chance to show their understanding via writing, drawing, audio, multiple choice, or other modalities.  The service will cost $47,770.33 and will be funded through the K-12 Science Teach Program Grant ($40,000.00) and the Secondary Budget ($7,770.33).
I.10. Approval of Educational Specification & Schematic Design for Adams Elementary School & Blackburn Alternative School Capital Improvements and Renovation Projects as part of the 2018 Bond Program
Rationale:  Staff, Jacobs, and KPE Engineers request approval of the Educational Specification and Schematic Design Documents for the Adams Elementary School & Blackburn Alternative School Capital Improvements and Renovation Projects.  The electronic Educational Specification and Schematic Design booklet is included for consideration.  Staff recommend approval of the Educational Specification and Schematic Design in order to proceed to the next phase of the design process, which is Design Development.
I.11. Approval of Head Start Delegate Agreement for the 2020-2021 School Year
Rationale:  This document is an agreement between OPS Head Start/Early Head Start and Educare for the 2020 - 2021 school year.  Educare agrees to provide Head Start and Early Head Start services as a delegate agency for OPS and follow all Head Start regulations. 
Attachments: (1)
I.12. Approval of Head Start Monthly Governing Body Report for November 2020
Rationale:  This document provides monthly 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 described in Performance Standard 1301.2(b) and (c).
Attachments: (1)
I.13. Approval of Grant Awards
Attachments: (1)
I.14. Approval of a Managed Services Agreement with ACA Track Services from January 2021 through January 2024
Rationale: 

The District recommends entering into the attached agreement with ACA Track Services extending our current contract with the company.  ACA Track Services provides the District with services such as completing, printing and mailing the 1095-C form to each eligible employee in order for the District to comply with the Affordable Care Act (ACA).  Additionally ACA Track Services will administer ACA compliance services including creating watch lists for at-risk employees, threshold testing, affordability testing, and data to support IRS reporting.  This 3-year agreement will cost $10.75 per employee tracked per year plus an additional $9,000 one time data management fee.

Attachments: (1)
I.15. Approval of Proposed Administrative Appointments
Rationale:  Administration recommends approval of the administrative appointments found in the attached Administrative Appointments. 
I.16. Approval of Proposed Staffing Adjustments
Rationale:  Administration recommends approval of the staffing recommendations found in the attached Staffing Adjustments. 
Attachments: (1)
I.17. Approval of Special Education Contracts with BoysTown for 2020-2021
Rationale:  Staff recommends approval of contracts with Boys Town and Boys Town National Research Hospital for the provision of Special Education Services that are required under Rule 51. The contracts will provide special education instruction for school-age students with significant behavioral challenges and speech therapy, audiology, and preschool instruction for children ages 0-5 who are deaf or hard of hearing. The contracts will be effective until May 26, 2021. The rates and contracts have had legal review and are budgeted for within the 20-21 school year. All providers are approved by NDE to provide special education and related services. The total cost to the district is $428,678 is an allowable, reimbursable special education expenditure.
I.18. Approval of Work Comp Settlement Agreement with Teresa McCain for Injuries Sustained within the Scope of Employment
Rationale:  Teresa McCain, a former bus driver, injured her lower back in a bus accident on September 2, 2015.  The OPS bus was rear ended.  OPS accepted the accident as compensable and paid her medical expenses and voluntarily paid permanent partial disability benefits for a 10% loss of earning capacity.  The parties engaged in mediation and reached a settlement agreement wherein the District agrees to pay Ms. McCain $84,575.00; waive any subrogation interest the District might have regarding a $67,000 third party settlement against the driver of the vehicle that rear ended the bus; fund a $15,425 Medicare Set-Aside Account; and pay the mediation fees (approximately $3,100) in exchange for a release of future workers’ compensation liability from Ms. McCain.
I.19. Approval to Award Bid No. 21-008 to Sonova USA for Audiology Equipment for January 2021 through January 2022 ($78,405.94)
Rationale:  FUND: 1 General
DEPT: 7194010  Special Education Administration
VENDOR: Sonova USA
AMOUNT: $78,405.94

Staff recommends approval to award Bid No. 21-008 to Sonova USA for audiology equipment.  The equipment includes hearing aids, accessories, and batteries.  The equipment will be used for students with hearing loss in grades Pre-Kindergarten through Twelfth grades, including District transition programs.

The District received two inquiries, but only one bid. The bid includes hearing aids, accessories, batteries, and voice amplification. The quantity purchased will be based solely on the District's needs and will not exceed $78,405.94. This bid is for one year beginning January 25, 2021.
Vendor Total

Sonova USA
$78,405.94

Consult YHN
No Bid

For complete bid documentation contact Yvonne.Schuster@ops.org.
I.20. Approval to Purchase Computer Laptops from Apple Inc. for Burke High School  ($51,941.00)
Rationale:  FUND:  1 General
PROGRAM:  1100  Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS:  938   2020-21 Budget Projects
VENDOR:  Apple Inc 
AMOUNT:  $51,941.00

Staff recommends the approval to purchase 59 Macbook Air devices from Apple Inc. for Burke High School.  This purchase aligns with the District’s one to one technology initiative and ensures staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the device refresh cycle for certified staff. In keeping with the provisions of Policy 7000, no bid was required for these purchases because Apple Inc. is a sole source provider.   The cost of the purchase is $51,941.00.
I.21. Approval to Purchase Computer Laptops from Microsoft Corporation for Benson High School ($51,618.00)
Rationale:  FUND:  1  General
PROGRAM:  1100  Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS:  938   2020-21 Budget Projects
VENDOR:  Microsoft Corporation
AMOUNT:  $51,618.00

Staff recommends the approval to purchase 38 Surface devices from Microsoft Corporation for Benson High School, utilizing competitive pricing on the MN-WNC 119 value point agreement.  This purchase aligns with the Districts one to one technology initiative and ensures staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the District device refresh cycle for certified staff. The cost of the purchase is $51,618.00.
I.22. Approval to Purchase Computer Laptops from Microsoft Corporation for Burke High School ($77,346.84)
Rationale:  FUND:  1  General
PROGRAM:  1100  Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS:  938  2020-21 Budget Projects
VENDOR:  Microsoft Corporation
AMOUNT:  $77,346.84

Staff recommends the approval to purchase 62 Surface devices from Microsoft Corporation for Burke High School, utilizing competitive pricing on the MN-WNC 119 value point agreement.  This purchase aligns with the Districts one to one technology initiative and ensures staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the District device refresh cycle for certified staff. The cost of the purchase is $77,346.84. 
I.23. Approval to Purchase Computer Laptops from Microsoft Corporation for Central High School ($127,948.38)
Rationale:  FUND:  1  General
PROGRAM:  1100  Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS:  938   2020-21 Budget Projects
VENDOR:  Microsoft Corporation
AMOUNT:  $127,948.38

Staff recommends the approval to purchase 97 Surface devices from Microsoft Corporation for Central High School, utilizing competitive pricing on the MN-WNC 119 value point agreement.  This purchase aligns with the Districts one to one technology initiative and ensures staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the District device refresh cycle for certified staff. The cost of the purchase is $127,948.38.
I.24. Approval to Purchase Computer Laptops from Microsoft Corporation for Davis Middle School ($77,507.16)
Rationale:  FUND:  1  General
PROGRAM:  1100  Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS:  938   2020-21 Budget Projects
VENDOR:  Microsoft Corporation
AMOUNT:  $77,507.16

Staff recommends the approval to purchase 60 Surface devices from Microsoft Corporation for Davis Middle School, utilizing competitive pricing on the MN-WNC 119 value point agreement.  This purchase aligns with the Districts one to one technology initiative and ensures staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the District device refresh cycle for certified staff. The cost of the purchase is $77,507.16.
I.25. Approval to Purchase Computer Laptops from Microsoft Corporation for South High School ($216,126.72)
Rationale:  FUND:  1  General
PROGRAM:  1100  Regular Instruction
DEPT:  7062560  District Wide Technology 
CLASS:  938   2020-21 Budget Projects
VENDOR:  Microsoft Corporation
AMOUNT:  $216,126.72

Staff recommends the approval to purchase 169 Surface devices from Microsoft Corporation for South High School, utilizing competitive pricing on the MN-WNC 119 value point agreement.  This purchase aligns with the Districts one to one technology initiative and ensures staff have the devices to perform daily learning activities whether in the classroom or remote.  This purchase also continues the District device refresh cycle for certified staff. The cost of the purchase is $216,126.72. 
I.26. Authorize the Administration to Provide Appropriate Notices and Conduct the Public Hearings Required by Nebraska Revised Statutes 25-2503, 25-2504 and 79-1096 regarding the School District's Proposed Acquisition of Properties and Easements Adjacent to the Eastern Boundary of the New High School Site at 60th and L Streets
Rationale:  The District proposes to acquire: (i) approximately 6 acres of property adjacent on the east side of the District’s existing new high school site at 60th and L Streets, Omaha, Nebraska, (ii) any and all access easement rights of any person or entity over and upon the property that is described in the Easement Agreement dated September 18, 2009, and recorded on September 23, 2009, in the office of the Register of Deeds of Douglas County, Nebraska at Instrument 2009103760, and (iii) any other access easement rights of any nature over and upon any property to be acquired by the District.  By acquiring the proposed 6 acres, the District will be able to move the planned access road that will run along the east and north boundary lines of the District’s existing property further to the east, making better use of its existing site and increasing parking availability.  The additional property will also allow for future expansion of the new school building should such expansion become necessary.  By acquiring the access easement rights, the District will increase student and staff safety by eliminating the possible future use of the easement for heavy commercial traffic.  Under Nebraska law, the District must first conduct a public hearing at a facility convenient to the property to be acquired. As such, the Administration is authorized to provide appropriate notices and conduct the public hearings required by Nebraska Revised Statutes 25-2503, 25-2504 and 79-1096 regarding the District's proposed acquisition of these properties and easements adjacent to the eastern boundary of the new high school site at 60th and L Streets.
Attachments: (1)
I.27. 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)
I.28. 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)
I.29. 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)
I.30. Claims - Educational Service Unit No. 19
Rationale:  It is recommended that the claims for Educational Service Unit No. 19 be approved as presented by the Central Administrative Staff.
Attachments: (1)
I.31. Committee on Claims Audit Approval 01/21/2021
Rationale:  The Committee on Claims met on 01/21/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
J. Discussion and/or Action Items
J.1. Action Item(s)
J.1.a. First Reading Policy 5404 - Cooperation with Law Enforcement
Rationale:  Administration will provided recommended changes to Policy 5404. 
Attachments: (1)
J.2. Information Item(s)
J.2.a. MAP and Grading Data: A Path Forward from the Pandemic's Disruption to Life and Learning
Rationale:  Central Office staff will provide information on MAP scores and grade distributions.
Attachments: (1)
J.2.b. Information regarding Omaha Public Schools College and Career Academies and Pathways
Rationale:  Curriculum Instruction and Support will provide information regarding College and Career Academies and Pathways.  
Attachments: (1)
K. Receipt of Reports
K.1. District Free and Reduced-Price Lunch Report 2020-2021
Attachments: (1)
K.2. CBOC Update of the Phase I & Phase II Bond Programs December 2020
Rationale:  Attached please find updates from Citizen’s Bond Oversight Committee (CBOC).
 
Attachments: (3)
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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