September 8, 2022 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting

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.

Rationale:  The Central High School JROTC will Present the Colors and lead the Pledge of Allegiance.

Rationale:  The Vision:  Every Student.  Every Day.  Prepared for Success.

The Mission:  To prepare all students for success in college, career, and life.

Rationale:  The #OPSProud Spotlight celebrates Stephanie Hoesing, social work administrator for Omaha Public Schools. The School Social Work Association of Nebraska selected Hoesing as their social worker of the year.

Rationale:  The Treasurer's Report for July 2022 is attached for review.

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. 

Rationale:  Pursuant to Policy 7003, F.4., Administration and Jacobs in keeping with long standing practice, the Substantial Completion for North High School is being submitted to the Board of Education for acceptance.

Contractor                               Project                               Completion Date
Hausmann Construction         North High School:            August 8, 2022
                                               Capital Improvements &
                                               Renovation Project

The completion date, as listed above, is the date of commencement of the one-year warranty period and required by the contract documents. This agreed upon contractual date will provide continuity in the start dates of the warranties and takes into consideration that the Owner had beneficial use and occupancy of the facility.

Rationale:  Pursuant to Policy 7003, F.4., Administration and Jacobs in keeping with long standing practice, the Substantial Completion for Northwest High School is being submitted to the Board of Education for acceptance.

Contractor                               Project                               Completion Date
Hausmann Construction         Northwest High School:      August 8, 2022
                                               Capital Improvements &
                                               Renovation Project

The completion date, as listed above, is the date of commencement of the one-year warranty period and required by the contract documents. This agreed upon contractual date will provide continuity in the start dates of the warranties and takes into consideration that the Owner had beneficial use and occupancy of the facility.

Rationale:  Adoption of the "Actuarial Equivalence Optional Form Factors" for Future Administration of the Omaha School Employees Retirement System (OSERS) Plan. The goal of this action is to provide all information related to the administrative factors in one document to assist OSERS and the Board of Education and Transition Board of Trustees in managing the benefit administration in a manner consistent with applicable state statute and board action.   

Optional Form of Payment Factors for Tiers 1, 2, and 3 are based on actuarial assumptions set in statute.  As a result, these factors will generally not be updated absent a change to the statutes.  The actuarial equivalence optional form factors for Tier 4 members of OSERS need to be adopted by the Board of Education and will become effective January 1, 2023.  The factors are adjusted for the annual discount rate step down for years 2023, 2024, 2025, and on/after 2026 which are already approved by the Board of Education at its January 20, 2022 meeting.  The purpose of the discount rate step down progression is to align with the similar step down progression of NPERS in anticipation of the transition of administration of OSERS to NPERS in September 2024. 

Rationale:  FUND: 175 COVID Federal Grants
PROGRAM: 2330 Executive Administrative Services
DEPT. ID: 7043100 Human Resources Department
PROJECT: 499263 ESSERS III UNO Teachers Scholars
POLICY: 7000, VII. D. 

Administration recommends entering into the attached agreement with the University of Nebraska Omaha (UNO) regarding participation in the Teacher Scholar Program.  As a part of this agreement Omaha Public Schools will fund tuition/fees for up to 120 credit hours and an annual stipend for four (4) cohorts not to exceed 25 students of students each for the semesters starting September 2022, September 2023, September 2024, and September 2025 in the UNO Teacher Scholar Program.  In exchange, the selected students agree to work for Omaha Public Schools as teachers for at least four (4) years following their graduation from the Teacher Scholar Program.  The Board of Education approved an amendment to the ESSER’s plan on March 7, 2022 to include this program.  The total cost of this agreement is estimated to be $6,350,000.00 which will initially be paid from the General Fund.  In the event that the Nebraska Department of Education approves the Board of Education’s March 7, 2022 proposed amendment to the District’s ESSER’s plan, the program will be funded utilizing ESSER funds under Pillar 1.  

Rationale:  FUND: 175 COVID Federal Grants
PROGRAM: 2251 Staff Development
DEPT. ID: 7043100 Human Resources Department
PROJECT: 499260 ESSERS III Teachers Adv Academics
POLICY: 7000, VII. D. 

Administration recommends entering into the attached agreement with the University of Nebraska Omaha (UNO) providing the opportunity for current teachers to obtain graduate credit through UNO.  As a part of this agreement, Omaha Public Schools will determine participant eligibility and fund the tuition/fees for selected graduate credits as a part of the Accelerated Teacher Learning Program and the Teacher Advanced Academics Program the Board of Education previously approved as a part of the updated ESSER’s Plan under Pillar 1 on March 7,2022.  The total cost of this agreement is estimated to be $7,630,000.00 which will initially be paid from the General Fund.  In the event that the Nebraska Department of Education approves the Board of Education’s March 7, 2022 proposed amendment to the District’s ESSER’s plan, the program will be funded utilizing ESSER funds under Pillar 1. 

Rationale:  FUND: 175 COVID Federal Grants
PROGRAM: 2330 Executive Administrative Services
DEPT. ID: 7043100 Human Resources Department
PROJECT: 499264 ESSERS III
POLICY: 7000, VII. D. 

Administration recommends entering into the attached agreement with the University of Nebraska Omaha (UNO) providing opportunity for expanded participation in the UNO Teacher Academy Project (TAP).  This program works with individuals that have degrees in areas other than education and are returning to school to obtain their educational certification.  As a part of this agreement Omaha Public Schools will hire UNO TAP students as paraprofessionals and provide mentors while they obtain the necessary coursework to achieve their certification as a teacher in Nebraska.  Upon being certified as a teacher they would be hired as an OPS teacher.  The Board of Education previously approved expanding participation in this program as a part of the updated ESSER’s Plan under Pillar 1 on March 7,2022.  The total cost of this agreement is estimated to be $850,000 which will initially be paid from the General Fund.  In the event that the Nebraska Department of Education approves the Board of Education’s March 7, 2022 proposed amendment to the District’s ESSER’s plan, the program will be funded utilizing ESSER funds under Pillar 1.

Rationale:  FUND:       939         2021-22 Building Projects
FUND:                   1                             General Fund
PROGRAM:           1100                     Regular Instruction
DEPT. ID:      3631136             Buena Vista High School Facility $60,056.00          
DEPT. ID:      3691136     Westview High School Facility    $60,056.00          
DEPT. ID:   8861136     Bluestem Middle School Facility  $35,850.00                
SUPPLIER:   1005        Dietze Music $139,214.00
SUPPLIER:   2872        Woodwind & Brasswind $16,748.00
POLICIES:   7000, III. K., 7000, VII.A
AMOUNT:            $155,962.00

Administration recommends that Bid No. 22-094 be awarded to Dietze Music for Tuba BBb 3/4 size, 3-valve w/case, Tuba BBb 4/4 size, 4-valve w/case, Euphonium w/case, and a Flugelhorn, and Brasswind & Woodwind for Tuba BBb 4/4 size w/case for Brass Music Instruments as part of equipping the new schools which are funded by the 2018 Bond Project.  Bids were solicited to purchase Brass Music Instruments for Bluestem Middle School, Buena Vista High School, and Westview High School. The District received four (4) bid responses.  Alto Music is non-compliant due to not providing the mandatory lead time information required within this bid.

The District determined Woodwind & Brasswind’s Tuba BBb 4/4 w/ case met the minimum bid specification for item IOHS-22, Tuba BBb.  The tuba is made of higher quality material and construction, has a better response time and intonation. It is a concert level instrument and used in the Districts other 7 high schools.

The Euphonium w/case bid by Thompson Music is not compliant for bidding the incorrect model number.

Dietze Music is awarded the Flugelhorn for having the best delivery date.

The amount awarded to­ Dietze Music is $139,214.00 and $16,748.00 to Woodwind & Brasswind.

OPS Classification Code	Qty	Dietz Music	Thompson Music	Woodwind & Brasswind	Alto Music NC
TUBA BBb 3/4 SIZE 3-VALVE W/CASE (IMMS-18)	6	$3,250.00*	$3,269.00	$3,410.00	$2,954.00 NC
TUBA BBb 4/4 SIZE 4-VALVE W/CASE (IMMS-19 / IOHS-21)	13	$5,450.00*	$5,477.00	$5,650.00	$4,844.00 NC
EUPHONIUM W/CASE (IOHS-19)	8	$5,698.00*	$2,076.00 NC	$5,790.00	$1,477.00 NC
TUBA BBb 4/4 SIZE W/CASE (IOHS-22)	2	$7,249.00	$7,295.00	$8,374.00*	$1,876.00 NC
FLUGELHORN (IOHS-72)	2	$1,640.00*	$1,638.00	$1,710.00	$1,494.00 NC

Units Per School	Bluestem Middle School	Buena Vista High School	Westview High School
TUBA BBb 3/4 SIZE 3-VALVE W/CASE (IMMS-18)	6
TUBA BBb 4/4 SIZE 4-VALVE W/CASE (IMMS-19 / IOHS-21)	3	5	5
EUPHONIUM W/CASE (IOHS-19)		4	4
TUBA BBb 4/4 SIZE W/CASE (IOHS-22)		1	1
FLUGELHORN (IOHS-72)		1	1

* = Awarded low priced item meeting specifications from a compliant bidder.

NC = non-complaint does not meet the specifications within the bid document.

For complete bid documentation contact yvonne.schuster@ops.org.

Rationale:  FUND:     41 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT:     1900020 - Pine Elementary School
PROJECT:  321519 - Pine Elementary School
SUPPLIER: Darland Construction
POLICY:   7000, IV.G.
AMOUNT:   $46,319.70

Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, Jackson-Jackson & Associates, Inc., recommend that the following change order agreement be submitted for approval:

Project: Pine Elementary School
Architect/Engineer: Jackson-Jackson & Associates, Inc.
Contractor: Darland Construction
Fund: 41 2018 Bond Program   

RFP#	Type	Description	Type	Amount
PCO166	Arch.	Due to security and life safety standards, the District requested fencing and rock around the new generator.	Add	$9,045.77
PCO170	Arch.	Due to District signage standards, additional scope was requested to remove existing concrete signage and install new illuminated sign with brick base and footing.	Add	$29,354.00
PCO171	Mech.	Due to design modifications, additional scope was required to install an exhaust fan for the inverter room along with adding a pressure reducing value on the existing water service line for long term performance and energy efficiency.	Add	$7,919.93

 

Total Amount of Change Order No. 002 - Add	$46,319.70
Original Contract Amount	$15,934,106.50
Previously Approved Changes	$291,549.95
Change Order No. 002 - Add	$46,319.70
Total Revised Contract Amount	$16,271,976.15
Amount Paid to Date	$14,938,522.13
Amount Remaining	$1,333,454.02

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.).

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.

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.

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.

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.

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.

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.

Rationale:  Funds: 1, General Fund
            153, Special Education - IDEA
Programs:  1214, Speech Therapy School Age
              1215, Speech Therapy Ages 3-5
              1222, Transition
              1227, Nurses Ages 3-5
              1231, Nurses School Age
              1265, Nonpublic Teachers
              1266, Nonpublic Therapists
Department: 7194010   Special Education Administration
Project: 462023 - IDEA Base/EP Grant
Policy:  7000 VII.A.
Strategic Plan:  Goal 1, Academics
Amount: $1,071,036.00

Administration recommends approval of the Special Education Services contracts.  Annually, the Special Education Division, within Curriculum and Instruction Support, negotiates and renews contracts with outside agencies for special education services that are required under Rule 51 and Rule 52. In keeping with the provisions in Policy 7000, contracts that may exceed $50,000 are being placed on the agenda for Board of Education approval. Attached you will find: a service provider rate sheet, contracts, and a contract cost sheet for your review. The contract rate sheet includes NDE approved rates for services that need to be purchased by Omaha Public Schools from outside agencies that will provide special education services to students ages birth-21. The contract cost sheet includes the agency, address, type of service the agency provides, the estimated number of students that receive services from that agency, and the 2022-2023 contract rate. The sheet includes an estimate of the total cost for special education services provided by contract agencies. The rates and contracts have had legal review and are budgeted for within the 2022-2023 school year. All providers will be approved by NDE to provide special education and related services. This is the second group of Special Education service contracts to be submitted for the 2022-2023 school year.  Additional service contracts for this school year will be submitted for board approval in the future. The total cost to the District is estimated to be $1,071,036.00 and is an allowable reimbursable special education expenditure. The contracted services support the District’s Strategic Plan of Action Priority 1 goal (Academics), specifically by ensuring that all students with an IEP have access to the Special Education services to which they are entitled. 

Rationale:  Pursuant to Neb. Rev. Stat. §79-2401 to §79-2405,  the ESU No. 19 Administrator's contract must be approved by the Board and posted to the District website.

Rationale:  FUND: 1, General FuCorporation remainsnd
PROGRAM: 2241, Library Services
DEPT: 7193010, Secondary Education Admin.
SUPPLIER: The Library Corporation (TLC)
POLICIES: 6121, 7000, V. A.
AMOUNT: $101,864.00

Administration recommends renewing the licensing subscription for the Library Solutions (LS) library management system. This system assists in the record management and record keeping for all Omaha Public Schools library materials. The total price is $101,864.00 and includes our five new schools.  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 attached Data Protection Agreement with The Library Corporation remains in effect.  Please note that this agreement was previously approved by the Board on August 1, 2022.  The agreement which was attached to the agenda at that meeting overstated last year’s subscription costs by $3,550.00 in Schedule E and by $3,550.00 in Schedule H, Part 1.  While those overstatements have no impact on the current year's cost of the agreement, The Library Corporation has asked that we approve the agreement in the form which accurately reflects those costs.    

Rationale:  Administration recommends that the Board approve the attached Memorandum of Understanding (MOU) with the Eastern Nebraska School Security Union Local #28 (Security) permitting the District to pay a stipend to covered employees for the 2022-2023 and 2023-2024 school years. The stipend, in the amount of $4,500 per school year for full-time employees and $2,250 for part-time employees, will be payable in 3 increments per school year to covered employees who are employed with the District on the dates specified in the MOU. The District is making the stipend payments utilizing Elementary and Secondary School Emergency Relief (ESSER) funds. The stipend is only for two school years because ESSER funds will no longer be available to the District for the 2024-2025 school year and beyond. The stipend payments have been approved by the Nebraska Department of Education as part of the District’s plan for utilization of ESSER funds.

Rationale:  The President and Vice President recommend to the Board of Education the appointment of Ricky Smith to the Nebraska Association of School Board's (NASB) Board of Directors.

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.  

Rationale:  FUND: 154, Title I A
PROGRAM: 1100 , Title I A
DEPT:   Various
SUPPLIER:  The Nebraska Department of Education
POLICY: 6410
AMOUNT: $24,360,284.00

The Title I Budget is allocated to Public Schools, Non-Public Schools, Contracted Educational Agencies, and the Homeless Program. Eligible Title I Public Schools are allocated based on poverty determined by the Community Eligibility Provision Formula (CEP). The CEP Percentage for Elementary Schools are determined at 70%. The Secondary Schools are based on 75%. The United States Department of Education (USDE) requires any school that has a 75% and higher Poverty CEP to receive Title I Funding. To expend these funds, Title I schools and Title I Programs must submit a Schoolwide Plan, or Title I Contract that is aligned with the District’s Plan of Action and their School Improvement Plan. In addition, the Title I Office must also submit a grant application to the state for approval and compliance purposes. Administration request approval to receive the 2022 -2023 Title I Allocation in the amount of $24,360,284.00.

Rationale:  FUND: 154, Title I A
PROGRAM: Various
DEPT:  7192010  Elementary Education Administration
SUPPLIER: The Nebraska Department of Education
POLICY: 3570
AMOUNT: Refer to Agency Contracts

As part of Every Student Succeeds Act (ESSA), it is required to provide educational services for children and youth in local and state institutions for neglected, delinquent and homeless agencies. Title I contracts with eight (8) agencies to give supplemental instructional support to help students meet state academic standards.

Delinquent Agency 
Douglas County Youth Center 
 
Homeless Shelters 
Open Door Mission 
 
Neglected Agencies 
Boys Town Intervention & Assessment Interim Program School 
CHI Health Immanuel/CHI Health Residential Treatment Center 
Child Saving Institute 
NOVA Treatment Community, Inc. 
Omaha Home for Boys 
Rite of Passage - Uta Halee Academy 
 

Rationale:  Dr. Logan will present information on the opening of the 2022-2023 school year.

Rationale:  The Chair of the Accountability Committee will provide an update.

Rationale:  The Chair of the Budget and Audit Committee will provide an update.

Rationale:  The Chair of the Committee will provide an udpate. 

Rationale:  The Chair of the Policy Committee will provide an update.

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. 

Rationale:  District staff and the Verdis Group will provide an update on the development of the Environmental Sustainability Plan.   
 

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.