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July 14, 2022 at 6:00 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. Board and Superintendent Communications
F.1. Treasurer
Rationale:  The Treasurer's Report for May 2022 is attached for review.
Attachments: (1)
F.2. Superintendent
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. Thursday, June 23, 2022 - Regular Meeting
Attachments: (1)
H.2. Approval of the 2022-2023 Master Services Agreement Between the Educational Service Unit Coordinating Council and Educational Service Unit, No. 19
Rationale:  STATUTORY REFERENCE: Neb. Rev. Stat. §§ 13-807

The 2022-2023 Master Services Agreement with the Educational Service Unit Coordinating Council allows Educational Service Unit, No. 19 to participate in statewide core service initiatives pursuant to Rule 84. Through our participation, we are able to take advantage of products and services at a cost savings because of statewide buying power.  This agreement is renewed annually.
H.3. Approval of Agreement with the City of Bellevue for School Resource Officers (SRO) at Bryan Middle School and Bryan High School with the Bellevue Police Department for the 2022-2025 School Years
Rationale:  FUND:  1 GENERAL
PROGRAM:  2150 Student Safety
DEPT(s):  3640010 (Bryan High School)
                 8850010 (Bryan Middle School)   
CLASS: 350 Interlocal Agreements
SUPPLIER:  City of Bellevue; Bellevue Police Department
POLICIES:   7000,VII. A             

The  School Resource Officer(SRO) agreement is for the 2022-2023, 2023-2024, and 2024-2025 school years.  The agreement ends July 31st, 2025.  Bellevue SRO's are assigned to Bryan High School and Bryan Middle School within Omaha Public Schools.  Compensation for the Bellevue SRO's are for an annual rate of $52,621.92 for 2022-2023, $53,674.36 for 2023-2024, and $54,747.85 for 2024-2025.  This rate is paid per officer.  There are two (2) total SROs as part of this agreement.   Total finances budgeted for this agreement (2022 - 2023) is $98,872.00. 

This compensation is based on a rate set forth from an agreement with Bellevue Police Officers Association (BPOA) and the City of Bellevue. 
Attachments: (1)
H.4. Approval of Agreement with the City of Omaha for Associate School Resource Officers (ASRO) from the Omaha Police Department for the 2022-2023 School Year
Rationale:  FUND:  1 GENERAL
PROGRAM:  2150 Student Safety
DEPT(s):  TBD     
CLASS:   350 Interlocal Agreements
SUPPLIER:  City of Omaha; Omaha Police Department
POLICIES:  7000,VII. A              

The Associate School Resource Officer (ASRO) agreement is for the 2022-2023 school year.  The agreement ends July 31, 2023.  Omaha Police Department (OPD) ASRO's are currently assigned to secondary schools within Omaha Public Schools.  ASRO's are retired/part-time OPD officers.  Pay for ASRO's is an hourly compensation rate of $35 per hour.  This rate is paid per officer.  This is the same rate that was paid by OPS for the 21-22 school year.  There are ten (10) total SROs as part o this agreement.  Total finances budgeted for this agreement (2022-2023) is $478,800.00.
Attachments: (1)
H.5. Approval of Agreement with Douglas County for School Resource Officers (SRO) at Davis Middle School and Westview High School with the Douglas County Sheriff’s Office for the 2022-2025 School Years
Rationale:  FUND: 1 GENERAL
PROGRAM:   2150 Student Safety
DEPT(s):  8960010 (Davis Middle School)
                  3630010 (Westview High School)
CLASS:  350 Interlocal Agreements
SUPPLIER: Douglas County;  Douglas County Sheriffs Office
POLICIES:  7000,VII. A              

The School Resource Officer (SRO) agreement is for the 2022-2023, 2023-2024, and 2024-2025 school years.  This includes an agreement for both Westview High School and Davis Middle School.  Both of these agreements end July 31, 2025.  Compensation for the Douglas County SRO's is for an annual rate of $50,455.18 for 2022-2023, $51,464.29 for 2023-2024, and $53,008.22 for 2024-2025.  This rate is paid per officer.  Compensation is based on rate set forth from agreement with Fraternal Order of Police (FOP) Lodge #2 Union and Douglas County. There are two(2) total SRO's (one per school) as a part of these agreements.  The total finances budgeted for these agreements for 2022-2023 is $100,910.00.
Attachments: (2)
H.6. Approval of Agreement with the City of Omaha for School Resource Officers (SRO) for Eleven Schools with the Omaha Police Department for the 2022-2025 School Years
Rationale:  FUND:   1 GENERAL
PROGRAM:  2150 Student Safety
DEPT(s):     3330010 ( South High School)
                    3320010 (North High School)
                    3300010 (Benson High School)
                    3310010 (Central High School)
                    3360010 (Northwest High School)
                    3610010 (Burke High School)
                    3910010 (Blackburn Alternative Program)
                    8800010 (Monroe Middle School)
                    8720010 (Norris Middle School)
                    8790010 (McMillan Middle School)
                    3630010 (Buena Vista High School)
CLASS: 350 Interlocal Agreements
SUPPLIER:  City of Omaha; Omaha Police Department
POLICIES:   7000,VII. A             

The  School Resource Officer (SRO) agreement is for the 2022-2023, 2023-2024, and 2024-2025 school years.  The agreement ends July 31st, 2025.  Omaha Police Department (OPD) SRO's are assigned to secondary schools within Omaha Public Schools.  This agreement also includes the Narcotics Detection K-9 that is used for the purpose of drug prevention in our schools.  Invoices for OPD SRO's are reimbursed at an hourly compensation rate of $42.47 for 2022, $43.74 for 2023, $45.05 for 2024, and $46.63 for 2025.  This rate is paid per officer.  This pay is based on the rate set forth in the Union Contract between The Omaha Police Officers Association(OPOA) and the City of Omaha.  There are twelve(12) total SRO's as a part of this agreement.  Schools that are assigned an SRO are Benson, Central, North, South, Northwest, Burke, Buena Vista, Blackburn, McMillan, Monroe, and Norris.  In addition to these schools, the Narcotics Detection K-9 is the twelfth SRO. The total finances budgeted for this agreement for 2022-2023 is $933,816.00.
Attachments: (1)
H.7. Approval of Agreement with Midland University to Extend Dual Enrollment Credit Opportunities to Omaha Public Schools Students for the 2022-2023 School Year
Rationale:  In keeping with the provisions of Policy 6213, Standards for Offering Credit Opportunities in Collaboration with Community Agencies or Non-OPS Groups, Administration recommends approval of an agreement between Midland University and Omaha Public Schools for the 2022-2023 school year to extend dual enrollment opportunities for full college credit for Midland University classes taught in an Omaha Public Schools setting, if they meet Midland University standards, policies, and objectives. Omaha Public Schools students are offered this opportunity at a reduced rate of tuition of $250 per course, which is fifty-percent of the Midland University Nebraska resident tuition.
Attachments: (1)
H.8. Approval of Amendment No. 002 to the Agreement with Hausmann Construction, Inc. – North High School Capital Improvements & Renovation Project – 2018 Bond Program – (Add $323,635.00) Revised Total $7,573,176.00
Rationale:  FUND:     41 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Building & Grounds
DEPT:     3320020 - North High School Facilities
PROJECT:  321523 - North High School Project
SUPPLIER: Hausmann Construction, Inc.
POLICY:   7003, F.3.
AMOUNT:   $323,635.00

Pursuant to Policy 7003, F.3., Administration, Jacobs, and Jackson-Jackson & Associates, Inc. recommend approval of Amendment No. 002, which includes mechanical and electrical modifications work on the water heating system, dampers and actuators, and air-handling unit for the North High School Project for a guaranteed maximum price (GMP) of $323,635.00. This additional scope of work was identified during the construction renovation phase. In order for the building’s mechanical and electrical system to operate as designed, this additional scope of work is required to be done to extend the life cycle of the building controls system.

The Board approved the CMR Agreement with Hausmann Construction, Inc. on December 14, 2020 and GMP Amendment No. 001 on May 3, 2021. The addition of GMP Amendment No. 002 brings current value of the CMR Agreement to a total amount of $7,573,176.00.
H.9. Approval of Amendment No. 003 to the Agreement with The Weitz Company, LLC – Adams Elementary School Capital Improvements & Renovation Project – 2018 Bond Program – (Add $92,771.00) Revised Total $1,817,519.00
Rationale:  FUND:     41 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Building & Grounds
DEPT:     0400020 - Adams Elementary School Facilities
PROJECT:  321520 - Adams Elementary School Project
SUPPLIER: The Weitz Company, LLC
POLICY:   7003, F.3.
AMOUNT:   $92,771.00

Pursuant to Policy 7003, F.3., Administration, Jacobs, and KPE Consulting Engineers, Inc. recommend approval of Amendment No. 003, which includes concrete parking lot replacement work for Adams Elementary School Project. The existing parking lot is in poor condition and at the end of its useful life. This work is being added for a guaranteed maximum price (GMP) of $92,771.00.

The Board approved the CMR Agreement with The Weitz Company, LLC on December 14, 2020, GMP Amendment No. 001 on March 15, 2021, and GMP Amendment No. 002 on May 17, 2021. The addition of GMP Amendment No. 003 brings current value of the CMR Agreement to a total amount of $1,817,519.00.
H.10. Approval to Award Bid No. 22-047 to National Concrete Cutting, Inc. for Wilson Focus School Drainage Improvements ($290,000.00)
Rationale:  FUND:       31 Special Levy Building Fund
PROGRAM:    2591 Building and Sites
DEPT.:      1600020 Wilson Focus Facility
SUPPLIER:   52512 National Concrete Cutting, Inc.
POLICIES:   7000, III.K, 7000, VII.A 
AMOUNT:     $290,000.00

Administration recommends that Bid No. 22-047 Wilson Focus School Drainage Improvements be awarded to National Concrete Cutting, Inc. for mitigation of surface water damage.  Six (6) of the past nine (9) years, Wilson Focus School has sustained water damage due to inadequate site grading, poor run off drainage and surface water management. This has resulted in interior damage to floors and walls. This project is designed to reduce the impact of water damage by redirecting water flowing from adjacent properties and improving exterior surface drainage.  The District received one (1) bid response.  Two other contractors chose not to bid the project. The total amount of the bid award is $290,000.00.
Supplier  Total
National Concrete Cutting  *$290,000.00
Heimes Corp  No Bid
Elite Excavating  No Bid

 
Attachments: (3)
H.11. Approval to Award Bid No. 22-053 to TR Construction for Jackson Elementary Mini Pitch, Summer 2022 ($144,515.00)
Rationale:  FUND:       158     Sherwood Foundation Grants
PROGRAM:    2591    Building & Sites
DEPT:       0671100 Jackson Elementary Instruction 
PROJECT:    436021 Jackson Mini Pitch
SUPPLIER:   TR Construction
POLICIES:   7000, IV.C., 7000, V.B           
AMOUNT:     $144,515.00

Administration recommends approval to award Bid No. 22-053 to TR Construction for playground and pavement improvements at Jackson Elementary’s playground. This work includes all labor and materials required for the removal of existing pavement and installation of new concrete pavement and site work required for installation of a new mini-pitch system (mini-pitch system to be provided and installed by others) and relocation of existing multisport/basketball court.   
          
The mini pitch is being installed in cooperation with Football for the World Foundation and the U.S. Soccer Foundation safe place to play.  Soccer Park LLC will be installing the Mini-pitch System once the new pavement is installed. The contract with TR construction is for the associated pavement and sitework only.

The total price of the contract is $144,515.00

Bids received were:
Contractor Base Bid
 
*TR Construction $144,515.00
BKM Construction LLC $152,485.00
Elkhorn West Construction $205,000.00
*awarded low priced item meeting specification from a compliant bidder
                                                                            
For complete bid documentation contact Philip.Connatser@ops.org.
H.12. Approval to Award Proposal No. P016-22 to School Specialty for the Special Education Reading Intervention Textbooks and Resources and the Attached Contract and Data Protection Agreements to be used in the District’s Special Education Kindergarten through Sixth grade Elementary Resource Programs for the 2022-2023 through 2028-2029 School Years ($1,075,955.88)
Rationale:  FUND: 01 General Fund
PROGRAM: 1241 Elementary Resource
DEPT: 7194010 Special Education Administration
SUPPLIER: School Specialty
POLICIES: 7000, III. K, 7000, VII.A, 6121
STRATEGIC PLAN: Priority 1, Academics
AMOUNT: $1,075,955.88

Administration recommends award of Proposal No. P016-22 to School Specialty for Special Education Reading Intervention Textbooks and Resources to be used in the District’s kindergarten through sixth grade Elementary Resource Programs. In March of 2022, the District issued an RFP for Special Education reading intervention textbooks and received four proposals. Curriculum & Instruction Support reviewed the proposals pursuant to the process outlined in policy 6121. The process included initial reviews by Early Literacy, Elementary and Special Education Coordinators, Elementary, Secondary and Special Education Teaching and Learning Consultants, teacher leaders from the English Learner, Migrant and Refugee Education Division, and special education teachers before being narrowed down to two options. The two selected resources were field tested by special education teachers from April 2022 through May 2022. The District held several stakeholder review sessions that included community members, the Superintendent's Special Education Advisory Committee, and other organizations. After field testing and feedback, the District presented a textbook recommendation to the Board of Education on Thursday, June 23, 2022. The District recommends Sounds Sensible and Specialized Program Individualizing Reading Excellence (S.P.I.R.E.) from School Specialty. Sounds Sensible and S.P.I.R.E. provides a coherent progression of literacy skills, includes best practices in reading, and aligns to the Nebraska College and Career Readiness Standards for English Language Arts. It incorporates methodologies focusing on explicitly teaching the connections between letters and sounds in a very structured way using a multi-sensory approach. The recommended resources include a scripted teacher guide, decodable books, placement assessments, consumable student workbooks, word cards, manipulative letter kits, and access to an online component based on the Exploros online teaching platform for use in digital classrooms. The District is recommending a 7 year adoption. The adoption provides professional development and new consumable texts for students each year of the adoption. The total cost for this adoption is $1,075,955.88. The Administration recommends approval of the attached contract and Data Protection Agreement.

Supplier 

Products 

Total 

School Specialty 

  • Sounds Sensible 
  • Specialized Program Individualizing Reading Excellence (S.P.I.R.E.)  
  • Professional Development and Coaching 

Seven years total 

$1,075,955.88 

H.13. Approval to Award Proposal No. P022-22 to Committee for Children for Social Emotional Learning Curriculum and Resources and Approval of the Attached Purchase and License Agreements and Data Protection Agreements to be Used in the District’s Elementary, Middle, and High Schools Grades K-12 for the 2022-2023 School Year ($26,868.00)
Rationale:  FUND:  175   ESSER
PROGRAM:  2110 Student and Community Services
DEPT:  7105800 Student and Community Services
SUPPLIER:  Committee for Children (Second Step)
POLICIES:  6121, 7000
AMOUNT:  $26,868.00

Administration recommends Approval to Award Proposal No. P022-22 to Committee for Children for Social Emotional Learning curriculum and resources, as well as Approval of the attached Purchase and License Agreements and Data Protection Agreements to be used in the District’s Elementary, Middle, and High Schools. Initially, fifteen proposals were received on May 12, 2022. After the proposals were received, Student and Community Services followed the process outlined in policy 6121. A curriculum review committee reviewed and narrowed the proposals to four options per grade band. Each committee member then reviewed and/or field tested sample lessons, online resources, sample students, and video demos from each vendor. The reviews and testing occurred during Next Level Learning in June 2022. After review and field testing, each committee member scored the curricula using a rubric. The scores submitted clearly determined which vendors met the stated requirements of the RFP.

The following curriculum options are recommended for selection in the table below, attached license agreements and data protection agreements.
 
Supplier Grade Band Total
Committee for Children (Second Step) 6-8 $26,868.00

 
H.14. Approval to Award Proposal No. P022-22 to Project Wayfinder for Social Emotional Learning Curriculum and Resources and Approval of the Attached Purchase and License Agreements and Data Protection Agreements to be Used in the District’s Elementary, Middle, and High Schools Grades K-12 for the 2022-2023 School Year ($244,900.00)
Rationale:  FUND:  175   ESSER
PROGRAM:  2110 Student and Community Services
DEPT:  7105800 Student and Community Services
SUPPLIER:  Project Wayfinder
POLICIES:  6121, 7000
AMOUNT:  $244,900.00

Administration recommends Approval to Award Proposal No. P022-22 to Project Wayfinder for Social Emotional Learning curriculum and resources, as well as Approval of the attached Purchase and License Agreements and Data Protection Agreements to be used in the District’s Elementary, Middle, and High Schools. Initially, fifteen proposals were received on May 12, 2022. After the proposals were received, Student and Community Services followed the process outlined in policy 6121. A curriculum review committee reviewed and narrowed the proposals to four options per grade band. Each committee member then reviewed and/or field tested sample lessons, online resources, sample students, and video demos from each vendor. The reviews and testing occurred during Next Level Learning in June 2022. After review and field testing, each committee member scored the curricula using a rubric. The scores submitted clearly determined which vendors met the stated requirements of the RFP.

The following curriculum options are recommended for selection in the table below, attached license agreements and data protection agreements.
 
Supplier Grade Band Total
Project Wayfinder 9-12 $244,900.00


 
H.15. Approval to Award Proposal No. P022-22 to RethinkEd for Social Emotional Learning Curriculum and Resources and Approval of the Attached Purchase and License Agreements and Data Protection Agreements to be Used in the District’s Elementary, Middle, and High Schools Grades K-12 for the 2022-2023 School Year ($146,250.00)
Rationale:  FUND:  175   ESSER
PROGRAM:  2110 Student and Community Services
DEPT:  7105800 Student and Community Services
SUPPLIER:  RethinkEd
POLICIES:  6121, 7000
AMOUNT:  $146,250.00

Administration recommends Approval to Award Proposal No. P022-22 to RethinkEd for Social Emotional Learning curriculum and resources, as well as Approval of the attached Purchase and License Agreements and Data Protection Agreements to be used in the District’s Elementary, Middle, and High Schools. Initially, fifteen proposals were received on May 12, 2022. After the proposals were received, Student and Community Services followed the process outlined in policy 6121. A curriculum review committee reviewed and narrowed the proposals to four options per grade band. Each committee member then reviewed and/or field tested sample lessons, online resources, sample students, and video demos from each vendor. The reviews and testing occurred during Next Level Learning in June 2022. After review and field testing, each committee member scored the curricula using a rubric. The scores submitted clearly determined which vendors met the stated requirements of the RFP.

The following curriculum options are recommended for selection in the table below; attached license agreements, and data protection agreements.
Supplier Grade Band Total
RethinkEd K-5 $146,250.00
H.16. Approval to Award Proposal No. P023-22 to T-Mobile, USA, Inc. for Cellular Data Services for the 2022-2023 School Year ($5,952,000.00)
Rationale:  FUND: 175 ESSERS II       
DEPT. : 7062560 Districtwide Technology
ACCOUNT:  53430 Other Communications
PROGRAM: 1100 Regular Instruction
VENDOR:  62296 T-Mobile, USA, Inc.
POLICIES: 7000, III. K., 7000, VII. D. 
AMOUNT:  $5,952,000.00

Pursuant to Policy 7000, III., D., Administration recommends approval of Bid. No. PO23-22 Cellular Data Service to T-Mobile, USA, Inc.  The District received a total of 3 compliant bid responses.  US Cellular was the initial low bidder with a bid of $8.00 per line.  T-Mobile was the second low bidder with a bid of $10.00 per line.  T-Mobile’s bid response included a provision that it would match the low bidder.  T-Mobile is the District’s current provider.  Given T-Mobile’s willingness to match the low bid, Administration recommends selection of T-Mobile since renewal will require no transition of services, no changes in coverage, and no other actions by the District. The renewal provides continued 4G LTE connectivity for up to 62,000 students and staff LTE enabled iPads through the T-Mobile for Education Plan.  The unlimited data plan provides nationwide coverage, ensuring student and staff devices are connected to the necessary educational resources to support student learning and next level learning initiatives throughout the summer and the 2022-2023 school year. The cost of the plan is $8.00 per month per device with a yearly total cost of $5,952,000.00. This contract may extend at the District’s option each year for up to 3 additional years. Funding is provided through the Elementary and Secondary School Emergency Relief Fund -ESSERS II.  The previously contracted amount was $15.84 per line.

 
T - Mobile $8.00 per line  
US Cellular $8.00 per line  
Verizon $10.08 per line  
AT & T $12.00 per line Non-compliant
H.17. 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: (3)
H.18. 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)
H.19. 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)
H.20. 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 since the last Board meeting and is presented by payroll and pay date.
Attachments: (1)
H.21. Approval of Claims Report E - Payroll Estimated 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 E is an estimation of payrolls to be processed prior to the next Board meeting and is presented by payroll and pay date.  Board authorization is requested for amounts not to exceed totals in the Claims Report E.
H.22. 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)
H.23. 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.   Pursuant to Nebraska Revised Statute Section 79-989, the amount of accumulated member contributions and interest earned refunded directly to individuals is not public record and these amounts have been redacted and presented in total. The Administration recommends approval of the attached claims to be paid from OSERS’ funds.
Attachments: (1)
H.24. Committee on Claims Audit Approval 7/14/2022
Rationale:  State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class school district and to submit that audit to the Board of Education Audit Committee for review and approval.   The objective of the audit is to obtain and review sufficient claim documentation to determine the risk of material misstatement.   The audit methodology is set forth on the Claims Audit Report.
Attachments: (1)
H.25. Approval of a Consulting Services Agreement with The Leadership Academy for Professional Services from July 2022 through June 2023 ($242,500.00) 
Rationale:  Fund: 158 - Sherwood Foundation Grants 
Program: 2330 Executive Administrative Services
Dept: 7072002 - School Improvement
Project: 437922 - Bilingual Practitioners Preservice Grant
Revenue: 44995 - Category Grant / Other
Grantor: The Sherwood Foundation
Strategic Plan: Priority 2 Staff: By June of 2025, a pipeline of employees will be developed to assume leadership roles so that 98% of administration positions in each school and 95% of district leadership positions are filled prior to the start of the school year.
Policy: 7000, V. D.
Amount: $242,500.00

Pursuant to Policy 7000, V.D. for professional services, administration recommends approval of the consulting agreement for the Bilingual Practitioners Pre-Service Leadership Project Grant with The Leadership Academy. Consultants will develop and facilitate a leadership development program for bilingual certified staff to develop future bilingual leaders for Omaha Public Schools.  The first cadre of up to 20 future bilingual leaders will be conducted from July 2022 through June 2023 as described in Exhibit A of the Phase 1 Board Document Contract and Scope of Work), 1.0 Program Delivery - Cohort 1 (July 2022 - June 2023). The cost for the services is $242,500.00 and will be paid by a grant from the Sherwood Foundation.  
H.26. Approval of a Contract with Independent Roofing for Roof Repairs at Central High School, Wilson Focus School, McMillan Middle School and Minne Lusa Elementary ($1,949,400.00)
Rationale:  Pursuant to Policies 7000, III.K., 7000, IV.C., 7000, VII.A., Administration recommends that the Board of Education approve the attached Contract with Independent Roofing.  The Board of Education approved the awarding of Bid No. 22-075 to Independent Roofing on May 16, 2022. The repairs required due to previous storm damage will begin immediately at Central High and Wilson Focus.  Repairs at McMillan Middle School and Minne Lusa Elementary will be completed during the summer 2023. The total cost of the contract is $1,949,400.00 and it is covered by insurance funds and the Property Uninsured Loss Reserve Fund.  
Attachments: (7)
H.27. Approval of Head Start Continuation Grant and Budget for the 2022-2023 School Year
Rationale:   In keeping with 42 U.S.C. 9837 (also known as Section 642 of the Head Start Act), the Board of Education serves as the Governing Body for Head Start.  Under the Head Start Act, the Board of Education has legal and fiscal responsibility for the Head Start program and is required to review and approve all applications for funding.  Moreover, in accordance with Policy 3570, the District is to comply with federal grant programs in which the District participates.  Head Start is one such program.  As such, the Administration recommends approval of the Head Start Fiscal Year 2022 Continuation Grant narrative and budget.  This application will allow the Head Start program to support 747 Head Start students and 152 Early Head Start students.  
H.28. Approval to Install Memorial Statue of Gale Sayers at Central High School
Rationale:  Per Policy 7000 X C., Administration seeks approval for the Central High School Foundation to erect a statue in honor of Gale Sayers in front of the Central High Football Stadium.  Gale Sayers graduated from Central High School in 1961 before going to the University of Kansas and playing for the Chicago Bears.  Gale's numerous awards and achievements include being selected twice to the All City team and named the Nebraska State Football Player of the year while at Central High School and being the youngest inductee into the NFL Pro Football Hall of Fame.  All of the money for his project has been privately raised and secured.  Gale’s family has been intimately involved with the project and his brother Roger is on the committee.   Administration recommends approval of this memorial statue.
Attachments: (2)
H.29. Approval of a One Year Extension of the Current Agreement With Stride Inc, Formerly Known as K12 Classroom LLC, for the Use of FuelEducation Educational Systems, Products, and Services for Kindergarten-12th Grade Students Enrolled in the Omaha Virtual School for the 2022-2023 School Year ($395,600.00)
Rationale:  Fund:  1, General
Program:  2410, School Administration 
Dept:  1880010, Virtual School Elementary Admin
Supplier:  Stride, Inc.
Policies: 7000 V.A., 6121
Strategic Plan: Priority 1, Academics
Amount: $395,600.00

Administration recommends approval of a one year extension of the current agreement with Stride Inc, formerly known as K12 Classroom LLC, for the use of FuelEducation educational systems, products, and services for Kindergarten-12th grade students enrolled in the Omaha Virtual School (OVS).  The Board of Education originally approved the OVS program in 2016. Since that time, OVS has utilized the Stride Inc. educational systems, 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.  Earlier this year, the District issued RFP 015-22 for these systems, products, and services.  Multiple proposals were submitted and two systems were selected for field testing.  Neither of the field tested systems met the District’s needs.  As a result, Administration recommends approval of the attached one-year extension with Stride Inc., while the District re-bids those systems, products, and services.  The attached Data Protection Agreement with FuelEducation remains in effect.  The estimated total cost to the District for the one-year extension would be $395,600.00 and includes the following items:
 

Qty 

Product 

Product Description 

Unit Price 

Total Price 

150 

K12 K-5 Full-time Enrolled Student 

License (Content and Hosting, 

Upfront) 

License for a single student to enroll in up to 

six K-5 courses per semester. 

Physical materials and instruction ordered separately 

$750.00 

$112,500.00 

750 

K12 K-12 Physical Course 

Materials 

Leased K12 student physical materials for one 

student enrolled in one course 

$100.00 

Per Course 

$75,000.00 

Training: Webinar 

Access to one online synchronous professional 

development session for up to 35 users in a 

district. .*Some exceptions may apply due to 

program selected. 

$0.00 

$0.00 

3,500 

Portable Online Course 

Enrollment License 

(Content) 

License during the Period for a single student in a 

K12 Portability catalog semester course which 

enables access to K12 course content on client 

managed LMS. 

$59.00 

$205,500.00 

Test Preparation 

Access for up to two thousand (2,000) students to 

test preparation platform and a single test 

preparation course. Available courses include, 

ACT, SAT, and PSAT. 

$400.00 Per Course 

$1,600.00 



 
H.30. 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)
H.31. Approval to Purchase ESL Online Student and Teacher Licenses and Textbooks for Secondary ESL Courses from Cengage Learning and Attached License Agreement and Data Protection Agreement for Buena Vista and Westview High Schools for Use Beginning with the 2022-2023 School Year ($61,331.03)
Rationale:  Fund: 1, General Fund
Program: 1170, English Language Learners
Department: 3631170, Buena Vista HS ELL Department
                        3691128, Westview HS ELL Department
Supplier: Cengage Learning
Policy: 7000, V.A., 6121
Strat. Plan: Priority 1 - Academics
Amount:  $61,331.03

Administration recommends approval to purchase English Language Learners online student and teacher licenses and textbooks for secondary English Language Learners courses from Cengage Learning for Buena Vista and Westview High Schools. These materials are the curriculum materials currently used in English Language Learners high school courses. In keeping with the provisions of Policy 7000, V.A., no bid was required for this purchase because it falls under the exception to bidding procedures as academic prerogative. This item is being presented to the Board for approval in keeping with the provisions of Policy 6121 which requires approval by the Board of curricular materials.  The Administration recommends approval of the attached License Agreement and Data Protection Agreement.
H.32. Approval to Purchase Textbooks from Cengage for the Honors Differential Equations Mathematics Course and Attached Contract and Data Protection Agreement for School Years 2022-2023 through 2028-2029 ($9,946.13)
Rationale:  FUND: 1, General Fund
PROGRAM: 1100, Regular Instruction
DEPT: 7193010, Secondary Education Administration
SUPPLIER: Cengage Learning
POLICIES: 7000, V.A. ; 6121
AMOUNT: $9,946.13

Administration recommends approval for the purchase of First Course in Differential Equations student text and 7 years of digital access to WebAssign from Cengage Learning. These textbooks are the recommended hardcopy text for the corresponding dual enrollment course at University of Nebraska-Omaha. This resource was included in the recommendations shared with the Board of Education on Monday, March 21, 2022. No submission for this course was provided with the Proposal No. P001-22 for Mathematics Textbooks and Resources to be used in the district’s middle school and high school grades 6-12. Therefore, in keeping with the provisions of Policy 7000, V.A., no bid was required for this purchase because it falls under the exception to bidding procedures as academic prerogative. This item is being presented to the Board for approval in keeping with the provisions of Policy 6121 which requires approval by the Board of curricular materials. The total cost of the purchase is $9,946.13.  The Administration recommends approval of the attached Contract and Data Protection Agreement.
H.33. Approval to Renew Cengage Learning Online Student and Teacher Licenses and the Attached Contract and Data Protection Agreement for Secondary ESL Courses for the 2022-2023 School Year ($50,845.93)
Rationale:  FUND:      1    
PROGRAM:   1170     ESL
DEPT:      7198170  ESL
POLICIES: 7000 V.A., 6121
STRATEGIC PLAN: Priority 1, Academics
Amount:    $50,845.93

Administration recommends approval to renew Cengage digital textbook resources for English learner students and teachers in middle and high school ESL courses.  The digital resource aligns with the existing hard copy textbooks for these courses. In keeping with the provisions of Policy 7000, V.A., no bid was required for this purchase because it falls under the exception to bidding procedures as academic prerogative.  This item is being presented to the Board for approval in keeping with the provisions of Policy 6121 which requires approval by the Board of curricular materials.  The total cost of the purchase is $50,845.93.  The Administration recommends approval of the attached contract and Data Protection Agreement.
H.34. Approval for Request of Consent to Modifications by Omaha Cellular Telephone Company d/b/a Verizon Wireless, for Cellular Antenna Replacement - Benson High School
Rationale:  Policy 7000, VII A. requires Board of Education approval of request for consent to modifications by Omaha Cellular Telephone Company d/b/a Verizon Wireless for the communications facility at 3225 N 52nd Street (Benson High School). Under requested consent to modify, Verizon Wireless, will conduct modifications to its communication facility allowing the cell company the ability to install (8) new antennas to replace (4) existing antennas at the site. 
Attachments: (4)
H.35. Approval for Request of Consent to Modifications by Omaha Cellular Telephone Company d/b/a Verizon Wireless, for Cellular Antenna Replacement – Burke High School
Rationale:  Policy 7000, VII A. requires Board of Education approval of request for consent to modifications by Omaha Cellular Telephone Company d/b/a Verizon Wireless for the communications facility at 12200 Burke Boulevard (Burke High School). Under requested consent to modify, Verizon Wireless, will conduct modifications to its communication facility allowing the cell company the ability to install (6) new antennas and (2) new distribution boxes to replace (2) existing distribution boxes at the site. 
 
H.36. Approval for Request of Consent to Modifications by Omaha Cellular Telephone Company d/b/a Verizon Wireless (Successor-in-Interest to Omaha Cellular Limited Partnership d/b/a Aliant Cellular), for Cellular Antenna replacement – North High School
Rationale:  Policy 7000, VII A. requires Board of Education approval of request for consent to modifications by Omaha Cellular Telephone Company d/b/a Verizon Wireless for the communications facility at 4410 N 36th Street (North High School). Under requested consent to modify, Verizon Wireless, will conduct modifications to its communication facility allowing the cell company the ability to remove (3) existing antenna and (6) existing coax, replace (6) radios and (1) distribution box, and install (12) new antennas at the site. 
H.37. Approval of the RULER Institute Online Training for Nine Additional Schools for the 2022-2023 and 2023-2024 School Years ($66,000.00)
Rationale:  FUND: 1  General  
PROGRAM:   2110 Student and Community Services
DEPT:  7105800 Student and Community Services
SUPPLIER: Yale Center for Emotional Intelligence
POLICIES: 7000, 6121
AMOUNT: $66,000.00

Pursuant to Policy 7000 and 6121, staff recommends approval of the contract with Yale Center of Emotional Intelligence and the use of the RULER curriculum in nine (9) schools, Dodge Elementary, Druid Hill Elementary, Edison Elementary, Franklin Elementary, Harrison Elementary, Monroe Middle School, Mount View Elementary, Pawnee Elementary, and Picotte Elementary. The purchase allows for training to support schools in integrating social emotional learning into all settings. Each school will have a training team of coaches who will provide ongoing training in the RULER curriculum in a train the trainer model.  The proposed new program, RULER Online, is the Yale Center for Emotional Intelligence’s digital learning platform. The online platform includes learning modules, resources, Pre-K-12 curricular content, and digital tools to support implementation. The administration is proposing to purchase nine (9) two-year training contracts for the total cost of $66,000.00. The nine schools were chosen based on the following criteria: school leadership and effective and efficient MTSS-B Team and school-wide implementation.

The Student and Community Services Department would like to make this purchase using academic prerogative based on needed social emotional learning supports. In keeping with the bid exceptions contained within Policy 7000, Section V., Subpart A. (Academic Prerogative), no bid was required for this purchase.
Attachments: (3)
H.38. Approval of Consulting Services Agreement with Yale Center of Emotional Intelligence ($9,500.00)
Rationale: 

FUND: 175 ESSER
DEPT. ID: 7105800  Student and Community Services
PROG: 2110 Student and Community Services
SUPPLIER: Emotionally Intelligent Schools, LLC
POLICIES: 6121 and 7000
STRATEGIC PLAN: Ethic of care
AMOUNT: $9,500.00

Pursuant to Policy 7000 and 6121 staff recommends approval of the contract with Yale Center of Emotional Intelligence Consultant. The contract allows for RULER professional development and training to support schools in integrating social emotional learning into all building settings and training a team of coaches at the building who will provide ongoing training in the RULER curriculum in a train the trainer model.  The training will be held on July 29, 2022.  The cost is $9,500 and is inclusive of all expenses.  This item is being presented to the Board because Administration has also placed a separate agreement with the Yale Center of Emotional Intelligence on this agenda. The combined agreements exceed the $50,000 threshold for presentation to the Board.

Attachments: (1)
H.39. Approval of Service Agreement with EDU Healthcare for Contracted Registered Nurses at Various Schools for the 2022-2023 School Year
Rationale:  FUND: 1 General
DEPT: TBD (various school locations)
PROGRAM: 2130 Health Services
POLICY: 7000 V.D., 7000 VI.A, 7000, VII.A.
SUPPLIER: EDU Health Services

Administration recommends approval of the attached service agreement with EDU Healthcare to contract with Registered Nurses to work at various school locations during the 2022-2023 school year. There are currently 19 Registered Nurse vacancies throughout the district in addition to the daily need for substitute nurses to cover absences. Omaha Public Schools will continue to hire and fill our vacant Registered Nurse positions but during this process the substitute Registered Nurses under this agreement will temporarily support schools who have a vacant Registered Nurse position or have a Registered Nurse absent due to use of leave. The contracted cost is $65.00 per hour which is based on the approved hourly rate by the Nebraska Department of Education. Actual cost of the contract will be based on hours worked.  EDU Healthcare is currently under contract with Special Education and supports with Registered Nurses.
Attachments: (1)
H.40. Approval of Service Agreement with MAXIM Healthcare Services for Contracted Registered Nurses at Various Schools for the 2022-2023 School Year
Rationale:  FUND: 1 General
DEPT: TBD (various school locations)
Program: 2130 Health Services
POLICY: 7000 V.D., 7000 VI.A, 7000, VII.A.
SUPPLIER: MAXIM Healthcare Services

Administration recommends approval of the attached service agreement with MAXIM Healthcare to contract with Registered Nurses to work at various school locations during the 2022-2023 school year. There are currently 19 Registered Nurse vacancies throughout the district in addition to the daily need for substitute nurses to cover absences. Omaha Public Schools will continue to hire and fill our vacant Registered Nurse positions but during this process the substitute Registered Nurses under this agreement will temporarily support schools who have a vacant Registered Nurse position or have a Registered Nurse absent due to use of leave. The contracted cost is $64.00 per hour which is based on the approved hourly rate by the Nebraska Department of Education. Actual cost of the contract will be based on hours worked.  MAXIM Healthcare is currently under contract with Special Education and supports with Registered Nurses.
Attachments: (1)
H.41. Approval of Settlement Agreement with Joe and Steve Partnership, LLC
Rationale:  Administration recommends approval of the attached Settlement Agreement between the District and Joe and Steve Partnership, LLC (JSP).  The District filed a condemnation action in the County Court of Douglas County, Nebraska, Case No. CI-9415, to acquire certain property adjacent to Buena Vista High School.  The Court awarded JSP $147,080.  The District deposited the awarded amount with the County Court and took immediate possession of the land.  JSP appealed the matter to the District Court of Douglas County.  The District and JSP, in recognition of the time, expense, and risk of further litigation, and the desire to fully settle and resolve their disputes and differences, have agreed to an additional payment from the District to JSP in the amount of $87,920.
Attachments: (1)
H.42. District Matching Contribution to OSERS for Purchases of Service Credits
Rationale:  The Nebraska Auditor of Public Accounts issued their audit report of the Omaha School Employee Retirement System (OSERS) financial statements for calendar year 2021 on June 24, 2022.  The audit report noted that statutorily required District matches for purchases of service credit in other school districts were not made since July 2013.  The required matching contributions not made by the District totaled $845,317.72.  Staff requests the approval to disburse the required matching contributions totaling $845,317.72 to OSERS.  The required matching contributions will be paid out of District General Funds. 
I. Discussion and/or Action Items
I.1. Action Item(s)
I.1.a. Approval of the Contract and Superintendent Pay Transparency Notice for Dr. Cheryl Logan to Serve as Superintendent for the 2022-2025 School Years
Rationale:  In keeping with the requirements of Nebraska Revised Statute sections 79-817 to 79-822 as well as Nebraska Revised Statute sections 79-2401 to 79-2405 (Superintendent Pay Transparency Act), Board Officers recommend approval of the attached contract with Dr. Cheryl Logan to serve as Superintendent for the 2022-2025 school years.  Board Officers further recommend approval of the attached Superintendent Pay Transparency Notice.  The new contract includes the following changes from the previous agreement:
 
A one-year extension of the current agreement through June 30, 2025;
Salary increase from $313,890 to $329,113.67 (4.85% increase, which is the same percentage as teachers’ total package for the 2022-2023 school year);
Permits Dr. Logan to take up to 10 days of paid Consulting Leave; Consulting Leave is separate and distinct from vacation and, as such, does not carry over from year to year and has no cash value upon separation from employment.  Dr. Logan has agreed to donate the proceeds of any such consulting work to the Omaha Public Schools Foundation;
Provides for reimbursement of up to $141 per month for Dr. Logan to purchase additional term life insurance through the District’s voluntary life plan. 
I.1.b. Approval of the Attached Contract and Data Protection Agreement with Agile Sports Technologies (d.b.a. HUDL) to Provide Athletic and Activity Video Services at Benson, Bryan, Buena Vista, Burke, Central, North, Northwest, South and Westview High Schools for the 2022-23 School Year ($49,995.00)
Rationale:  VENDOR: Agile Sports Technologies
POLICIES: 7000, III.K., 7000, VII.A.
AMOUNT:  $49,995.00

Administration recommends approval of the attached one year agreement and Data Protection Agreement with Agile Sports Technologies (d.b.a. HUDL) to provide web-based software that allows coaches and athletes to review game and practice film, scout opponents, and improve performance based upon video analysis.  Presently, each of the District's seven operating high schools have individual agreements with HUDL.  The attached agreement consolidates those agreements, adds Buena Vista and Westview, reduces the District’s overall cost, and provides additional technological advancements. The agreement includes two HUDL Focus cameras which will automate efforts to capture sideline video in each Omaha Public Schools main gymnasium and football/soccer field, allowing all levels of athletic and fine arts competition or practice to utilize the software to enhance students' opportunities for success. The software will be used for after-school activities, fine arts, and school broadcast programs. Because none of the individual school agreements were ever bid, and given the late date, Administration requests that Policy 7000 be waived to permit for this agreement to go into effect for the 2022-2023 school year only.  This will provide the opportunity for the Administration to further determine whether other similar software options are compatible with other Class A high schools with which information is exchanged.
Attachments: (2)
I.2. Information Item(s)
I.2.a. Budget and Audit Committee Update
Rationale:  The Chair of the Budget and Audit Committee will provide an update.
I.2.b. Report of Student Fees and Waivers for the 2021-2022 School Year
Rationale:  Pursuant to, and in compliance with Nebraska Revised Statute Section 79-2,134, the District must review student fees and the use of waivers provided by the District as outlined by the student fee policy, 5416.
Attachments: (1)
I.2.c. Update to Policies 5101, 5408, 5409, 5412, 5414, 5415, 5417
Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  Administration will provide recommended changes to the following policies:

5101 - Student Discipline and Exclusion 
5408 - Health Screening (Inspections)
5409 - Communicable Diseases
5412 - Missing Persons
5414 - Identification of Learners with High Ability
5415 - Bullying Prevention Policy
5417 - Wellness Policy 
 
J. Receipt of Reports
J.1. CBOC Update of the Phase II Bond Program June 2022
Rationale:  Attached please find updates from Citizen’s Bond Oversight Committee (CBOC).
Attachments: (1)
J.2. Head Start Monthly Board Report for May 2022
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)
K. Request for Closed Session
Rationale:  The Omaha Board of Education is authorized by state statute to hold closed sessions.  Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual.  Reasons that meet this standard include but are not limited to:  (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.

Explanation

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

PROPOSAL:

That the Board hold a closed session:

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

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

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

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

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

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

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

 
L. Adjournment

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