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December 13, 2021 at 5:15 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. Action Item(s)
F.1. Board Vacancy Interviews - Subdistrict 8
Rationale: 

The School Board will conduct interviews and select the individual for the vacant Subdistrict 8 Board position.  

Applicants:  

Margo Juarez
Evan Schmeits

 

Attachments: (4)
F.2. Board of Education Oath of Office
Rationale: 

New Board Member for Sub-district 8 will take the Oath of Office.

Attachments: (1)
G. School Spotlight
Rationale:  The #OPSProud spotlight celebrates members of the Class of 2021 who earned their International Baccalaureate Diploma.
H. Board and Superintendent Communications
H.1. Superintendent
Attachments: (2)
H.2. Board Members
I. Public Comment and Recognition
J. 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. 
J.1. Reading of Minutes
J.1.a. Monday, November 15, 2021 - Regular Meetiing
Attachments: (1)
J.2. Approval of Amendment No. 001 with Diamond Assets LLC - District RFP 014-20 for Disposal of Apple Products from December 2021 to November 2022
Rationale:  Policy 7003, F3, requires Board of Education approval for this proposed agenda item.  Staff recommends approval of Amendment No. 001 with Diamond Assets LLC to District RFP 014-20, which states the District wishes to exercise its option to extend the agreement for the first of three possible one-year terms. 
Attachments: (2)
J.3. Approval of Amendment No. 003 to the Agreement with The Weitz Company – South High Magnet School Project – 2018 Bond Program and Site & Building  (ADD $1,170,378.00) Revised Total: $10,728,124.00
Rationale:  FUND:     41       2018 Bond Program Proceeds Fund
PROGRAM:  2591     Building & Grounds
DEPT:     3330020  South High Magnet School Facilities
PROJECT:  321525   South High Magnet School Project
SUPPLIER: The Weitz Company
POLICY:   7003, F.3.
AMOUNT:   $764,528.00

FUND:     31       Site & Building Fund
PROGRAM:  2591     Building & Grounds
DEPT:     7166600  Schoolhouse Planning
PROJECT:  320092   South High School Chimney Demolition and Stack Re-lining
SUPPLIER: The Weitz Company
POLICY:   7003, F.3.
AMOUNT:   $405,850.00

Pursuant to Policy 7003, F.3., Administration, Jacobs, and BCDM Architects recommend approval of Amendment No. 003, which includes updating current HVAC systems to a variable air volume fan boxes with new fan arrays to increase overall capacity and efficiency of the HVAC system in the amount of $764,528.00 which will be funded by 2018 Bond Program Proceeds Fund.  Additionally Administration seeks approval for the demolition of the current chimney , rebuilding it and re-line the stack to allow continued use in the amount of $405,850.00 which will be funded by Fund 31 (Site & Building Fund) for a total a guaranteed maximum price (GMP) of $1,170,378.00.

The Board approved the CMR Agreement with The Weitz Company on October 5, 2020, GMP Amendment No. 001 on March 1, 2021, and GMP Amendment No. 002 on April 19, 2021. The addition of GMP Amendment No. 003 brings current value of the CMR Agreement to a total amount of $10,728,124.00. 
J.4. Approval of Amendment to the T-Mobile Agreement Allowing T-Mobile to Share Cellular Network Data on Device Locations with Omaha Public Schools for the Remainder of the 2021-2022 School Year
Rationale:  Fund: 175 Covid Federal Grants
Program: 2510 Business Support Services
Dept: 7062510 Information Management Services
Project: 499522 Esser II - Project Management
Supplier: T-Mobile
Policies: 7000 III.K.

Pursuant to Policy 7000, III, K, staff recommends the approval of an amendment to the T-Mobile agreement for the remainder of the 2021-2022 school year allowing T-Mobile to provide the Omaha Public Schools certain cellular network data on device locations. This will allow the District to more easily identify any devices that are potentially lost, stolen, or misused. T-Mobile agrees to provide certain data as to device location, subject to the terms and conditions of this amendment.
Attachments: (2)
J.5. Approval of the Annual Participant Interlocal Agreement with the Learning Community of Douglas and Sarpy Counties for the 2021-2022 School Year
Rationale:  The Interlocal Cooperation Act (Neb. Rev. Stat. SS 13-801--13-827) authorizes the Board of Education to enter an interlocal agreement between the District and the Learning Community of Douglas and Sarpy Counties in implementation of the Superintendent's Early Childhood Plan for the 21-22 school year.  The Early Childhood Plan provides focused interventions to reduce cognitive, social, and achievement gaps for at-risk students.  The four OPS elementary buildings that are participating in this plan are Pinewood, Mount View, Liberty, and Gomez Heritage.
Attachments: (1)
J.6. Approval of Application #2021-105-2018 for Deferred Disability Retirement
Rationale:  Nebraska Revised Statute 79-9,105 permits an OSERS member to defer receiving their disability retirement benefit to a future date. An OSERS member is to be considered totally disabled when the Board of Education has received an application by the member and a statement by at least two licensed and practicing physicians designated by the Board of Education certifying that the member is totally and presumably permanently disabled and unable to perform his or her duties as a consequence thereof.  OSERS is in receipt of application #2021-105-2018 for Deferred Disability Retirement, which application meets the requirements of Nebraska Revised Statute 79-9,105.  As such, the OSERS Administrator recommends approval of Application #2021-105-2018 for Deferred Disability Retirement. 
J.7. Approval to Award Bid No. 22-018 to Cornhusker International Trucks for Four (4) 2021 or 2022 New and Unused Cargo Trucks with Lift Gate ($439,600.00)
Rationale:  FUND:             4005 Nutrition Services Fund
PROGRAM:          2510 Business Support Services
DEPT:             7165000 Nutrition Services Admin.
SUPPLIER:         6519 Cornhusker International Trucks
POLICY:           7000, VII., D.
AMOUNT:           $439,600.00


Administration recommends that Bid No. 22-018 be awarded to Cornhusker International Trucks for the purchase of Four (4) 2023 New and Unused Cargo Trucks with Lift Gate in the amount of $439,600.00. These trucks will be used by Nutrition Services to transport food to schools. Badger Body & Truck did not meet bid specifications due to the cab space height. Hino Trucks of Omaha did not meet specifications on the tire diameter. RDO Truck Center failed to provide all required specifications on the lift gate and did not meet requirements on specifications tire diameter.

 
2021 or 2022 New & Unused Cargo Trucks w/ Lift Gate
Supplier Unit price (4) Total price
Cornhusker International Trucks $109,900.00 $439,600.00
Badger Body & Truck Equipment *$110,342.00 NC *$441,368.00 NC
Hino Trucks of Omaha *$97,450.00 NC *$389,800.00 NC
RDO Truck Centers **$105,010.32 NC **$420,041.28 NC
Omaha Truck Center No bid No bid

*Did not meet bid specifications.
** Incomplete bid proposal.
For complete bid documentation contact Traci.Shobe@ops.org.
J.8. Approval to Award Bid No. 22-022 to CDW Government, LLC., Visions of Video, and Y&S Technologies, Inc. for Televisions, Wall Mounts, Document Cameras, and iPad Stands at Forest Station Elementary School, Pine Elementary School, Bluestem Middle School, Buena Vista High School, Westview High School, and Morton Magnet Middle School - 2018 Bond Project ($333,079.16)
Rationale:  FUND:       41          2018 Bond Program Fund
DEPT. ID:   1910020     Forest Station Elementary School Facility $16,480.00
DEPT. ID:   1900020     Pine Elementary School Facility           $16,480.00
DEPT. ID:   8860020     Bluestem Middle School Facility           $89,562.40
DEPT. ID:      3630020  Buena Vista High School Facility          $95,452.80
DEPT. ID:      3690020  Westview High School Facility              $95,452.80
DEPT. ID:   8780020     Morton Magnet Middle School               $19,651.16
SUPPLIER:   9269        CDW Government, LLC.
SUPPLIER:   67816       Visions of Video
SUPPLIER:   67817       Y&S Technologies, Inc.
ACCOUNT:    54630       Equipment under $5000.00       
POLICIES:   7000, III. K., 7000, VII.A
AMOUNT:     $333,079.16

Administration recommends that Bid No. 22-022 be awarded to CDW Government, LLC. for two hundred fifty-one (251) televisions and thirty-seven (37) wall mounts. Additionally, awarded to Visions of Video for two hundred twenty-four (224) iPad stands and award to Y&S Technologies, Inc. the ninety-five (95) document cameras.  Bids were solicited to purchase televisions, tv wall mounts, document cameras, and iPad stands at Forest Station Elementary School, Pine Elementary School, Bluestem Middle School, Buena Vista High School, Westview High School, and Morton Magnet Middle School as part of the 2018 Bond Project. The district received thirteen (13) bid responses. CCS Presentation Systems, CounterTrade Products, Inc. and Striv Audio Visual were non-compliant for not providing the required signature page.  Vizocom, LLC. is also non-compliant for not providing the required item specification sheets.  The total amount awarded to CDW Government, LLC. is $289,754.16. The total amount awarded to Visions of Video is $15,680.00.  The total amount awarded to Y&S Technologies, Inc. is $27,645.00.  Total purchase is $333,079.16.
 
OPS Classification Code TV-1                 55" TV TV-2                      82" TV WALL-1          Wall Mount for TV-1 DCAM-1 Document Camera IHOLD-1              iPad Stand
TOTAL QUANTITY 37 214 37 95 224
CDW Government, LLC. *$525.00 *$1236.94 *$152.00 $325.00 $40.00 NC
Visions of Video $1,344.00 $3,544.00 $232.00 $597.00 *$70.00
Y&S Technologies, Inc. $541.00 $1,430.00 $85.00 NC *$291.00 $61.00 NC
Centrix Technologies, LLC. No Bid No Bid No Bid $297.50 No Bid
Haddock Educational Technology No Bid No Bid No Bid  $569.00 No Bid
Howard Technology Solutions $988.00 $4,395.00 No Bid $314.00 No Bid
Nebraska Furniture Mart $1,097.99 $2,097.99 $242.00 No Bid No Bid
Troxell Communications, Inc. $779.57 $2,358.06 $209.12 $462.89 26.81 NC
VSA, Inc. No Bid No Bid No Bid $566.75 No Bid
CCS Presentation Systems $589.00 NC $1,135.00 NC $215.00 NC No Bid $53.15 NC
CounterTrade Products, Inc. $544.74 NC $1996.46 NC $182.41 NC $111.93 NC $78.33 NC
Striv Audio Visual $847.00 NC $1936.00 NC $126.00 NC $393.00 NC No Bid
Vizocom, LLC. $2,203.13 NC $3,856.28 NC $143.38 NC $109.14 NC $283.55 NC
              

*  Awarded low bidder meeting specifications.

NC: Non-compliant as did not meet specifications

For complete bid documentation contact Elizabeth.nowlin@ops.org.
J.9. 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.).
Attachments: (4)
J.10. 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.
Attachments: (1)
J.11. 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.
Attachments: (1)
J.12. 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.
Attachments: (1)
J.13. 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.
Attachments: (1)
J.14. 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.
Attachments: (1)
J.15. Committee on Claims Audit Approval 12/13/2021
Rationale:  The Committee on Claims met on 12/13/2021 and approved the audit of claims conducted by the Secretary to the Board of Education. 
Attachments: (1)
J.16. Approval of Election Districts for Douglas County School District 0001
Rationale:  In keeping with the requirements of Nebraska Revised Statute 32-552 (3)(b), the Douglas County Election Commissioner has divided the school district into nine numbered districts of compact and contiguous territory and of as nearly equal population as may be practical.  Administration recommends approval of the nine election districts as proposed by the Douglas County Election Commissioner.
J.17. 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.  
Attachments: (1)
J.18. Approval to Purchase Amatrol Mechatronics Trainers, Equipment, and Curriculum for Buena Vista High Schools for the 2022-2023 School Year ($357,000.00)
Rationale:  Fund: 1, General
Program: 1184, Family and Consumer Science
Dept: 3631400, Buena Vista High School
Supplier: Moss Educational & Industrial Training Solutions
Policies:  7000, V. A., 6121, 7000, III.K., 7000 VII.A. 
Strategic Plan: Priority 1 - Academics
Amount:  $357,000.00

Administration recommends approval to purchase Mechatronics trainers, equipment, and curriculum for Buena Vista High Schools. Amatrol’s Advanced Manufacturing program helps students develop technical skills they need to excel in technical support roles. In keeping with the bid exceptions contained within Policy 7000, Section V.A., no bid was required for this purchase.
Attachments: (2)
J.19. Approval to Purchase Anatomage Table Convertible from Anatomage, Inc. for Westview High School Health Science themes including Biomechanics and Research, Human Performance, and Sports Medicine for the 2022-2023 School Year ($81,525.00)
Rationale:  Fund 1:  General
Program 1184: Family and Consumer Sciences
Department 3691400:  Westview High School
Supplier:  Anatomage, Inc.
Polices:  7000, III.K., 7000, V.A., 7000, VII.A
Strategic Plan:  Priority 1 Goal (Academics)
Amount:  $81,525.00

Administration recommends approval to purchase Anatomage Table Convertible for Health Science theme at Westview High School.  The Anatomage Table purchase includes a convertible interactive table, table hardcover, medical design studio interactive, 1-year warranty, software upgrade, tech support, and training.  The same product is used for curriculum/instructional delivery at the university level and aligns with instructional needs and dual enrollment opportunities.  Digital models and human anatomy re-creations are more realistic and interactive than static classroom science models.  The simulated body and components goes beyond dissection with the table and provides various hands-on experiences utilizing life-size digital cadavers to deepen the level of learning for whole body systems.  The design of the table itself allows for small group collaboration and station work that is not possible with stand-alone individualized virtual software.  In keeping with the bid exceptions contained within Policy 7000, Section V.A., no bid was required for this purchase.
Attachments: (2)
J.20. Approval to Purchase Clean Energy Training Systems for Westview High Schools for the 2022-2023 School Year ($23,255.00)
Rationale:  Fund: 1, General Fund
Program: 1184, Family and Consumer Science
Department: 3691400, Westview High School
Supplier:  Moss Educational & Industrial Training Solutions
Policies: 7000 V. A. and 6121
Strategic Plan: Priority 1 - Academics
Amount: $23,255.00

Staff recommends approval to purchase Clean Energy Training Systems for Westview High School. In the Clean Energy Training system, students learn about today’s major forms of clean energy and how technology is used to convert and transmit this energy. They explore solar, wind, hydrogen and biodiesel as an energy source that can be used to help reduce dependence on exhaustible, non-renewable fuel sources. They gain a global perspective when they understand the economics, efficiency, and low environmental impact of producing energy from non-polluting, renewable sources. Pursuant to Policy 7000, V.A., no bid was required for purchase.
Attachments: (1)
J.21. Approval of Purchase of a One-Year License for the Appsian Security Platform for the PeopleSoft System
Rationale:  FUND: 5190   ESU 19 Information and Management Services
PROGRAM: 2510   Business Support Services 
DEPT: 7062515   IMS Project Management
SUPPLIER: Appsian Security Platform
POLICIES: 7000 III.K. and 7000 VII.A
Amount: $44,333.00

Pursuant to Policies 7000 III.K. and 7000 VII.A - Staff recommends the purchase of licensing for the Appsian Security Platform. Appsian Security uses a single platform for accessing the PeopleSoft system.  The annual license agreement is for one year at a cost of $36,833.00 for licensing along with a onetime cost of $7,500.00 for installation, configuration, and set up. There is an option to renew at the end of one year with a capped rate of 3% if an increase were to occur.
Attachments: (1)
J.22. Approval to Purchase Universal Laser System and Air Filtration System for Buena Vista High Schools for the 2022-2023 School Year ($28,000.00)
Rationale:  Fund: 1, General Fund
Program: 1184, Family and Consumer Science
Department: 3631400, Buena Vista High School
Supplier: Moss Education & Industrial Training Solutions
Policies: 7000 V. A.
Strategic Plan: Priority 1 - Academics
Amount: $28,000.00

Administration recommends approval of the purchase of a Universal Laser and Air Filtration System for Buena Vista High Schools. Laser systems transfer computer images or drawings to real items, allowing students to creatively engrave, etch, or cut designs into all types of materials. Students will learn about vector and raster images, create designs using multiple platforms for cutting and/or engraving, and learn how to set the appropriate power, pulses, and feed rate for different processes. Students will also be able to describe the advantages of laser cutters and engravers within the industry. The Air Filtration system captures fumes and particulates that the Laser Engraver produces, allowing the Laser unit to be operated in an enclosed space safely. In keeping with the bid exceptions contained within Policy 7000, Section V.A., no bid was required for this purchase.
Attachments: (1)
J.23. Approval of Rejection of All Bids Submitted for Bid No.22-014 Athletic Training Equipment
Rationale: 
Pursuant to Policies 7000, III.K., and 7000, VII.A., Administration recommends the Board reject bid submitted for Bid No. 22-014, Athletic Training Equipment from School Health Corporation for Buena Vista High School, Bluestem Middle School and Westview High School. The proposed rejection, by the District, is based upon receipt of a single bid which was non-compliant, because the bidder did not include installation and added shipping charges.
 
Attachments: (1)
J.24. Approval of Rejection of All Bids Submitted for Bid No.22-019 Large Appliances
Rationale:  Pursuant to Policies 7000, III.K., and 7000, VII.A., Administration recommends the Board of Education reject all bids submitted for Bid No. 22-019, Large Appliances for Buena Vista High School, Bluestem Middle School, Forest Station Elementary, Pine Elementary and Westview High School. The proposed rejection, by the District, is based upon receipt of two non-compliant bids. Bids were non-compliant due to the bidders incorrect submission of bid documents and attempt to change terms of bid.
Attachments: (1)
J.25. Approval of Use of 2018 Bond Program Savings – Buena Vista High School - Athletic Field Adjustments – 2018 Bond Program (Add $4,500,000.00) Revised Total $81,429,241.00
Rationale:  FUND:     41       2018 Bond Program Proceeds Fund
PROGRAM:  2591     Building & Grounds
DEPT:     3630020  Buena Vista High School Facilities
PROJECT:  321508   Buena Vista High School Project
SUPPLIER: McCarthy Building Companies, Inc.
POLICY:   7003, F.3.
AMOUNT:   $4,500,000.00

Administration, Jacobs, and DLR Group recommend approval of the Use of Bond Program Savings for Buena Vista High School Athletic Field Adjustments, which includes hydration stations at all competition and practices fields, outdoor lights at all competition fields, electronic scoreboards at all competition fields, press boxes at the football, baseball, and softball facilities, covered dugouts, fitness trail, and restroom(s) sized for 1,200 home and 1,000 visitor spectator seating.   
J.26. Approval of the Use of 2018 Bond Program Savings – Westview High School - Athletic Field Adjustments – 2018 Bond Program (Add $4,500,000.00)  Revised Total $88,528,140.00
Rationale:  FUND:     41        2018 Bond Program Proceeds Fund
PROGRAM:  2591      Building & Grounds
DEPT:     3690020   Westview High School Facilities
PROJECT:  321509    Westview High School Project
SUPPLIER: Sampson Construction Co., Inc.
POLICY:   7003, F.3.
AMOUNT:   $4,500,000.00

Administration, Jacobs, and BCDM Architects recommend approval of the Use of Bond Program Savings for Westview High School Athletic Field Adjustments, which includes hydration stations at all competition and practices fields, outdoor lights at all competition fields, electronic scoreboards at all competition fields, press boxes at the football, baseball, and softball facilities, covered dugouts, and restroom(s) sized for 1,200 home and 1,000 visitor spectator seating.   
 
J.27. Authorization for Human Resources to Correct Placement of 12- Month Elementary Principals and 12-Month Middle School Principals on the OSAA Salary Schedules Previously Approved by the Board of Education
Rationale:  On September 9, 2021, the Board of Education approved the OSAA Salary and Benefit Summary for 2021-2023 which included movement of Elementary Principals from 10-Month to 11-Month employment status.  To account for the additional month of work, a new salary schedule was proposed and adopted as part of the Salary and Benefit Summary.  Following adoption of the Salary and Benefit Summary by the Board, it was determined that the new salary schedule resulted in the lack of a meaningful differentiation between 11-Month Elementary Principals and 12-Month Elementary Principals.  To correct that, Administration recommends that Human Resources move 12-month Elementary Principals and 12-Month Middle School Principals to schedules already approved by the Board but which maintain a meaningful and generally uniform differentiation between each level.  This action will not require Staff Adjustments because no 12-Month Elementary Principal or 12-Month Middle School Principal is changing positions.  The only change will be the assigned salary schedule.  The effect of this change will be retroactive to August 1, 2021.
J.28. Authorization to Initiate Litigation Against the Sarpy County Treasurer for Underpayment to the District of Cash In-Lieu of Tax Payments
Rationale:  The Nebraska Auditor of Public Accounts has determined that the Sarpy County Treasurer incorrectly applied the statutory methodology for distributing Cash In Lieu of Tax payments received by Sarpy County.  The incorrect application of the statutory methodology adversely affected multiple school districts including the District.  The State Auditor determined that the District was underpaid by $1,437,684.  Administration recommends that outside legal counsel, under the direction of the Superintendent and the General Counsel, be authorized to initiate litigation against the Sarpy County Treasurer to recover any underpayments to the District during the applicable statute of limitations period.  Administration anticipates that other affected school districts may join in the litigation.  Costs and fees associated with the litigation will be split evenly between each school district that chooses to join the litigation.  If the litigation is successful, the parties will be able to recover the costs and fees associated with the litigation from the Sarpy County Treasurer.
J.29. Engagement of Ice Miller Legal Counsel to Assist with the Implementation of the OSERS Compliance Audit
Rationale:  In keeping with the requirements of Nebraska Revised Statute 79-9,124, the Board of Trustees of the Omaha School Employees Retirement System (OSERS) previously engaged Ice Miller to conduct a compliance audit.  The compliance audit is now complete and has been presented to the Retirement Committee of the Nebraska Legislature.  Administration recommends that, pursuant to Policy 2300, Ice Miller be engaged as outside legal counsel to assist and advise the Board of Education and the Board of Trustees on the implementation of the recommendations contained in the compliance audit.  Ice Miller has proposed a flat fee of $20,000.
Attachments: (1)
K. Discussion and/or Action Items
K.1. Action Item(s)
K.1.a. Approval of Academic Calendar for the 2022-23 and 2023-24 School Years
Rationale:  Administration will provide recommendations for the 2022-23 and 2023-24 Academic Clandars. 
Attachments: (3)
K.1.b. Authorization to Implement the Community Eligibility Provision status under the National School Lunch Program and the School Breakfast Program as an entire Local Educational Agency
Rationale:  Operators of the National School Lunch Program (NSLP) and School Breakfast Program (SBP) are able to take advantage of a universal meal service option, the "Community Eligibility Provision" (CEP).  CEP permits eligible schools to provide meal service to all students at no charge, regardless of economic status, while reducing burden at the household and local levels by eliminating the need to obtain eligibility data from families through a separate collection.  Eligibility is determined for an entire Local Educational Agency (LEA), a group of schools within an LEA, or a single school within an LEA, whichever is electing Community Eligibility.  Historically, the District has participated in the NSLP and SBP on a school by school basis.  To be eligible to participate in CEP, the percentage of identified students must be at least 40 percent of enrollment.  Given that the District as a whole has a current rate of 62.85% percent of enrollment, Administration recommends that it be authorized to implement the CEP program on a District wide (LEA) basis.
Attachments: (1)
K.2. Information Item(s)
K.2.a. Student Assignment Plan (SAP) Board Committee Update
Rationale:  The SAP Committee Chair will provide an update.
K.2.b. Update to Policies 2120, 5103, 5104, 5201, 5202, 5204, 5205, 5207, and 6410
Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  Administration will provide recommended changes to Policies 2120,5103,5104,5201, 5202, 5204, 5205, 5207, and 6410.
L. Receipt of Reports
L.1. CBOC update of the Phase II Bond Programs November 2021
Rationale: 

Attached please find updates from Citizen’s Bond Oversight Committee (CBOC)
 
Attachments: (1)
L.2. District Free and Reduced-Price Lunch Report for 2021-22 School Year
Rationale:  District Free and Reduced-Price Lunch Report for 2021-22 School Year
Attachments: (1)
L.3. District Official Fall Membership Report for 2021-22
Rationale:  Update on Fall Membership for the 2021-22 School Year.
Attachments: (1)
L.4. First Quarter Board Conference Expenses 2021-2022
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.5. Head Start Monthly Board Report October 2021  
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.
Attachments: (1)
M. 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.

 
N. Adjournment

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