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March 1, 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:  The OPSProud Spotlight celebrates the students and staff of the Blackburn Alternative Program for their recognition with a Nebraskans for the Arts Award.
G. Board and Superintendent Communications
G.1. Treasurer
Rationale:  The Treasurer's Report for January 2021 is attached for review
Attachments: (1)
G.2. Superintendent
Attachments: (2)
G.3. Board Members
H. Public Comment and Recognition
I. Consent Agenda
Rationale:  At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately. 
I.1. Reading of Minutes
I.1.a. February 18, 2021 - Regular Meeting
Attachments: (1)
I.1.b. February 22, 2021 - Board Workshop
Attachments: (1)
I.2. Approval of Amendment No. 001 to the Agreement with The Weitz Company, LLC – South High Magnet School Capital Improvements & Renovation Project for 2018 Bond Program $5,847,191.00
Rationale:  Policy 7003, VII A. requires Board of Education approval. Staff, Jacobs, and BCDM Architects recommend approval of Amendment No. 001, which includes fire protection, plumbing systems, HVAC systems and equipment, and electrical systems for South High Magnet School Capital Improvements & Renovation Project for a guaranteed maximum price (GMP) of $5,847,191.00.

Due to the size and timing of the South High Magnet School Project, procurement of the construction work needs to occur in multiple bid packages to keep the project on schedule. Each Amendment approved by the Board of Education adds specific scope of work items to the Construction Manager at Risk (CMR) Agreement, which is based on the overall project design, procurement, and construction schedule.

The substantial completion date in this Amendment is set for May 24, 2023 at the South High Magnet School Capital Improvements & Renovation Project.

All construction costs are being paid by Funds 40 & 41, 2018 Bond Program. 

The Board approved the CMR Agreement on October 5, 2020. The total current value of the CMR Agreement and this Amendment No. 001 is for a total amount of $5,847,191.00.
 
I.3. Approval of Change Order No. 001 for the New Elementary School 1000 N. Fort Crook Rd. – 2018 Bond Program - (Add $87,385.15) Revised Total: $17,287,385.15
Rationale:  Policy 7000, IV G. requires Board of Education approval. Staff and Jacobs with the concurrence of the project architect/engineer, Kenneth Hahn Architects,  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: New Elementary School 1000 N. Fort Crook Rd. - #C4416
Architect/Engineer: Kenneth Hahn Architects  
Contractor: Hausmann Construction, Inc.
Fund: 40 2018 Bond Program

RFP#

Type

Status

Description

Type

Amount

PCO041
 

Arch.

C
OPS is required to maintain a utility easement with Metropolitan Utilities District (MUD) at the new school site, which requires a design modification and installation of six hundred feet (600') of new ten inch (10") ductile iron water main line to the adjacent Pendleton Building.
Add

$87,385.15
  
Total Amount of Change Order No. 001 - Add                $87,385.15   

      Original Contract Amount                              $17,200,000.00
       Previously Approved Changes                                    $0.00
       Change Order No. 001 - Add                                $87,385.15  
       Total Revised Contract Amount                         $17,287,385.15  
      Amount Paid to Date                                   $9,942,654.08
      Amount Remaining                                      $7,344,731.07
 
I.4. 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, Bund Fund, etc.).
Attachments: (4)
I.5. 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 79-584to approve all expenditures of funds for which the District serves as custodian.  Expenditures are presented to the Board for approval in the form of a Claims Report.  Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.
Attachments: (1)
I.6. 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.State Statute.  Claims Report C is a listing of expenditures that may relate to individual Board Members or Organizations that employ them.
Attachments: (1)
I.7. 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 form the Education Service Unit's funds.
Attachments: (1)
I.8. Committee on Claims Audit Approval 03/01/2021
Rationale:  The Committee on Claims met on 03/01/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
I.9. Approval for Lease Amendment No. 002 with United States Cellular Operating Company (USCOC) of Greater Iowa, Inc. for Cellular Antenna Lease - Benson High School
Rationale:  Policy 7000, VII A. requires Board of Education approval of Amendment No. 002 to the existing Option and Lease Agreement with United States Cellular Operating Company (USCOC) of Greater Iowa, Inc. for the communications facility at 3225 N 52nd Street (Benson High School). Under Amendment No. 002, USCOC of Greater Iowa, Inc. will have rights to the areas shown on the exhibits, allowing the cell company the ability to install nine (9) additional radio units, three (3) hybrid cables with junction boxes and to replace the existing equipment at the site.  The cell phone company's modifications will increase the value of the tower on the District's property.
 
I.10. Approval of Staffing Adjustments
Rationale:  Policy 4001 and 4035 requires 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 Staffing Adjustments attached. 
Attachments: (1)
I.11. Renewal of Contract with Power School for Unified Talent Software Subscriptions from July 2021 to June 2022
Rationale: 

Per Board Policy 7000, the District recommends the approval of the 1 year subscription renewal for the Unified Talent Software Package from Power School.  This software package is utilized by Human Resources for online applications and hiring process, creating and maintaining electronic employee records and online employee evaluation systems for all employees.  The 1 year cost of $131,099.25 is an increase of just over $5,000 over the previous year.

I.12. Technical Correction to the Approved Master Agreement with the Omaha Education Association for the 2021-2022 and 2022-2023 School Years
Rationale:  Staff recommends approval of a technical correction to the Master Agreement with the Omaha Education Association for the 2021-2022 and 2022-2023 school years that the Board approved on February 1, 2021.  The Master Agreement contains a technical error on the District’s health insurance contribution for dual employees.  The approved version reads $1,316.86.  The correct amount should be $1,386.16.  The Board of Education is approving this agreement pursuant to Nebraska Revised Statute § 79-515.
 
J. Discussion and/or Action Items
J.1. Action Item(s)
J.1.a. Approval of the Report of the Legislative Committee Including Recommended Legislative Positions
Rationale:  The Legislative Committee, in keeping with the provisions of Policy 8150, recommends approval of its findings and recommendations as set forth in the attached summary of bills introduced before the Nebraska Legislature.  The summary has been prepared with the assistance of O’Hara Lindsay Government Relations and generally includes legislation which may affect the District.  The Committee continuously monitors legislative activity and may, from time to time, recommend that the Board take or update a position on a particular bill, resolution or amendment.  Committee recommendations typically include one of the following: Support, Oppose, or Monitor with Research.  In the absence of one of those recommendations, the Committee is recommending that the District take no position.  Given the fluid nature of the legislature, the Committee may need to present new bills, resolutions or amendments, including some that may not have appeared on the bill summary, to the Board for consideration.  In addition to the bill summary, the Committee, on occasion, recommends Board approval of position statements to guide the Board President and/or Superintendent when dealing with legislative debate on issues 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:

LB 200: Creates a new high school graduation requirement that students must complete and submit the FAFSA application.
Change from Monitor with Research to Neutral (Page 12 of the Report)

LB 550: Changes the amount of times option enrollment is available for each student from once prior to graduation to 5 times prior to graduation.
Change from No Position to Oppose (Page 25 of the Report)

LB 651: Propose to terminate the enrollment option program on July 1, 2022.
Change from No Position to Monitor with Research (Page 30 of the Report)

LB 681: Proposes to expand the state's College Savings Plan to allow for savings plans and trusts to be created for students at elementary and secondary schools in addition to postsecondary education institutions and renames it the Education Savings Plan.
Change from No Position to Oppose (Page 32 of the Report)

LR 21CA: Constitutional amendment to require the State of Nebraska to pay all classroom expenses related to the operation of public elementary and secondary schools.
Change from No Position to Oppose (Page 33 of the Report)
Attachments: (1)
J.2. Information Item(s)
J.2.a. Updates to Policies 3090 and 7000
Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  Administration will provide recommended changes to Policy 3090 and 7000.
J.2.b. Information on the Proposed High School Student Assignment Plan (SAP)
Rationale:  As a result of the 2017 Bond Program, two new high schools will open, and adopted boundary changes will be implemented in the 2022-2023 school year.  The opening of the new high schools will have significant District-wide impact, including the updating of the high school Student Assignment Plan.  Tonight’s presentation is focused on District Administration’s recommendation for the updated plan.  
Attachments: (1)
J.2.c. Budget and Audit Committee Update
Rationale:   The Chair of the Budget and Audit Committee will provide an update.
K. Receipt of Reports
K.1. Report of the Head Start Annual Report to the Public 2019-2020
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 for the previous 2019-2020 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.  
Attachments: (1)
K.2. Report of Head Start Community Assessment 2020-2021 Update
Rationale:  Head Start Performance Standard 1305.3 requires that each grant will determine community strengths and needs within the proposed service area. In accordance with the 2007 Head Start Act, the Board of Education will be presented with information regarding reports for Douglas County School District 001 Head Start Community Assessment and program planning. The Community Assessment is a required document that is completed every five years and updated annually. The 2020-2021 school year is an update year for the Community Assessment. 
Attachments: (1)
K.3. Report of Head Start Monthly Governing Body Report January 2021
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)
K.4. Economic Inclusion Update
Rationale:  The Supervisor of Economic Inclusion will provide the Board of Education with an update on efforts to engage students and Small Emerging Businesses in the 2018 Bond and other opportunities within the Omaha Public Schools.
 
Attachments: (2)
K.5. Implementation of Blackboard Mass Notifications, Website and Family Mobile App
Attachments: (1)
K.6. Second Quarter Board Conference Expenses 2020-2021
Rationale:  Policy 8230 requires the Secretary to the Board of Education to prepare a quarterly report summarizing all Board member travel and expenditures associated with attendance to workshops, conferences or meetings. 
Attachments: (1)
L. Request for Closed Session
Rationale:  The Omaha Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law.

PROPOSAL:

That the Board hold a closed session:

1.  For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

2.  For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

3.  For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

4.  For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

5.  For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

6.  For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.

7.  For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of  needless injury to the reputation of an individual in compliance with the law.

 
M. Adjournment

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