October 17, 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 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 recognizes Mariana Cruz, assistant principal at Forest Station Elementary for being named the Metro Young Latino Professionals (MYLPA) Educator of the Year.

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:  FUND:     1    General Fund
PROGRAM:  1100   Regular Instruction
DEPT. ID:   8861136   Bluestem Middle School Facility  $41,478.00
DEPT. ID:   3631136   Buena Vista High School Facility $44,607.00        
DEPT. ID:   3691136   Westview High School Facility    $44,607.00    
SUPPLIER: 3505  Taylor Music, Inc. $130,692.00
POLICIES:  7000, III. K., 7000, VII.A
AMOUNT:  $130,692.00

Administration recommends awarding Bid No. 23-003 to Taylor Music, Inc. for Woodwind Music Instruments as part of equipping Bluestem Middle School, Buena Vista High School, and Westview High School with musical instruments which are funded by the 2018 Bond Project.  The District received seven (7) bid responses. Schmitt Music, Sweetwater Sound, LLC and Washington Music Sales Center, Inc. are non-compliant due to not providing the mandatory warranty information required within this bid.

IMMS-7/IOHS-7 Bass Clarinet is awarded to Taylor Music, Inc. Boothe Music is non-compliant for not meeting the tone hole specification.

For school consistency and the opportunity to use the Omaha Public School’s repair shop for repair work, items IMMS-9/IOHS-11 Tenor Saxophone and IOHS-9 Soprano Saxophone are awarded to Taylor Music, Inc. While Taylor Music, Inc. is the second lowest bidder for these items, the District sees a benefit to purchasing a higher quality instrument to ensure quality of construction, playability, response and tone.  Administration also believes that the District's ability to repair these instruments will reduce the total cost over usage life.

IMMS-11/IOHS-13 Bassoon is awarded to Taylor Music, Inc. Boothe Music is non-compliant for not meeting the wood material specification.

IOHS-8 BBb Contra Bass Clarinet is awarded to Taylor Music, Inc. Boothe Music is non-compliant for not meeting the type of bass clarinet as specified in the bid specifications.

Administration recommends awarding Taylor Music, Inc. the following bid items:
Piccolo, English Horn, and Eb Soprano Clarinet for a total amount of $130,692.00.

Item Code	Product Description	Units	Taylor Music, Inc	Boothe Music LLC	Dietze Music	Woodwind & Brasswind	Schmitt Music (NC)	Sweetwater Sound LLC (NC)	Washington Music Sales Center, Inc (NC)
IMMS-3/ IOHS-1	Piccolo	3	$636.00*	$644.00	$685.00	$698.00	$687.00	$675.00	$623.90
IMMS-7/ IOHS-7	Bass Clarinet	9	$1,911.00*	$1,701.00 NC	$2,070.00	$2,097.00	$2,086.00	$2,049.00	$1,894.75
IMMS-9/ IOHS-11	Tenor Saxophone	12	$1,155.00*	$1,043.00 NC	$1,535.00	$1,228.00	$1,545.00	$1,519.00	$1,403.55
IMMS-11/ IOHS-13	Bassoon	7	$9,393.00*	$4,480.00 NC	$10,640.00	$9,950.00	$10,408.00	$9,597.00	$9,441.15
IOHS-4	English Horn	2	$5,666.00*	No Bid	$6,385.00	$5,720.00	$6,246.00	$5,767.00	$5,666.00
IOHS-5	Eb Soprano Clarinet	2	$3,488.00*	No Bid	$3,773.00	$3,990.00	$3,801.00	$3,719.00	$3,452.05
IOHS-8	Bass Clarinet	2	$4,904.00*	$1,701.00 NC	$5,882.00	$5,490.00	$5,458.00	$5,267.00	$4,918.75
IOHS-9	Soprano Saxophone	2	$1,929.00*	$1,355.00 NC	$2,090.00	$2,098.00	$2,106.00	$2,067.00	$1,913.00

Item Classification Code	Product Description	Bluestem     Middle School	Buena Vista    High School	Westview       High School
IMMS-3 / IOHS-1	Piccolo	1	1	1
IMMS-7 / IOHS-7	Bass Clarinet	3	3	3
IMMS-9 / IOHS-11	Tenor Saxophone	6	3	3
IMMS-11 / IOHS-13	Bassoon	3	2	2
IOHS-4	English Horn		1	1
IOHS-5	Eb Soprano Clarinet		1	1
IOHS-8	Bass Clarinet		1	1
IOHS-9	Soprano Saxophone		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:  PROJECT:    499234      ESSERS III: Early Literacy
FUND:       175         COVID Federal Grants
PROGRAM:    3201        Early Childhood Education
DEPT:       71922010    Elementary Education
SUPPLIER:         Children’s Literacy Initiative     
POLICIES:   7000, III.D, 7000, VII.A
Strategic Plan:  Priority 1, Academics
AMOUNT:     Year 1      $457,604.25
            Year 2      $878,237.13

Administration recommends that RFP No. P001-23 for Early Literacy Support, Professional Learning and Coaching be awarded to Children’s Literacy Initiative. Bids were solicited for a professional provider to provide and assist in the implementation of a detailed District-wide support plan to accelerate literacy learning for grades Kindergarten through 3rd grade students. The District received two (2) bid responses.  An evaluation committee considered the criteria included in the RFP, and determined that the low bidder, Higher Level Consulting Services, was non-compliant as it did not address many of the required criteria requested in the RFP, including failure to: 1) include insurance information as requested by Section 4.2.10; 2) include samples of types of materials, as required by 4.3.2; 3) provide a staffing plan as required by 4.3.3; 4) list the details for extensive support for Early Literacy Lead Coaches as required by Section 3.7; 5)provide an outline for the one-to-two week discovery process as required by 3.5; include details for professional learning at the district level as requested in 3.10.

The evaluation committee determined that Children’s Literacy Initiative’s bid was compliant.  Children’s Literacy Initiative is a U. S.-based, 501(c)(3) nonprofit, professional development organization that works with teachers, school leaders, and educational system leaders to strengthen early literacy instruction. Project Year 1 costs contemplate commencement of services upon Board approval in October, 2022, through June, 2023. Project Year 2 costs include services provided from July, 2023, to June 2024, and scale up the project to expand targeted support for additional schools.
 

Item Description	*Children’s Literacy Initiative	Higher Level Consulting Services NC
Year 1 Costs	*$457,604.25	$93,600
Year 2 Costs	*$878,237.13	$92,000

* Awarded bidder meeting specifications.
For complete bid documentation contact Gina.Jessick@ops.org
 

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:  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.

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:  FUND: 154, Title I-A
PROGRAM: 1100 , Title I-A
DEPT:   3311110 Central High School Instruction
SUPPLIER:  Father Flanagan's boys' Home Boys Town National Community Support Services
POLICY:   7000 VII.A.
AMOUNT: $66,911.01

Administration recommends that the Board of Education approve the attached agreement with Boys Town National Community Support Services to provide services for Central High School. Boys Town facilitators will continue to support Central High School staff and students to develop and sustain social skills through workshops and training sessions. The total cost of this agreement is $66,911.01. 

Boys Town facilitators will provide ongoing coaching and professional development to support teachers' implementation of social skills instruction and reteaching.  This proactive approach provides teachers with the tools to remain focused on academic content during instruction time, aligned with the school's academic improvement goal. This resource was identified by district Multi-Tiered Systems of Support for Behavior (MTSS-B) staff.  A portion of the proposal develops the capacity of members of the school staff to deliver social skills training on an ongoing basis.  The CHS Boys Town certified trainers will ensure that the initial professional development investment continues to yield the benefits, as new staff are onboarded, and tenets of the model are implemented with fidelity on an ongoing basis. 

Rationale:  Account: 53130 Contracted Student Services
Funds: 1, 153   General Fund, Special Education - IDEA
Department: 7194010   Special Education Administration
Programs: 1214, Speech Language School Age
                 1227, Nurses Ages 3-5
                 1231, Nurses School Age
                 1270, Contracted Services
                 3101, Early Childhood Center Based
                 3103, Early Childhood Homebased,
Class: 000
Project: 462023 - IDEA Base/EP Grant
Amount: $2,889,449.00
Policy: 7000, III., K., 7000, VII., A.
Strat Plan: Goal 1 - Academics

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 22-23 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 22-23 school year. All providers will be approved by NDE to provide special education and related services. This is the fourth and final group of Special Education service contracts to be submitted for the 2022-2023 school year.  The previous groups of contracts were submitted and approved on August 15, 2022, September 8, 2022, and September 22, 2022. The total cost to the District is estimated to be $2,889,449.00 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:  FUND: 175 COVID Federal Grants
DEPT ID: 7166600 Schoolhouse Planning
PROGRAM: 2620 Maintenance School/District Buildings
SUPPLIER: Downs Electric Inc.
POLICIES: 7000, III. K., 7000, VII. D
AMOUNT: $2,774,700.00

Administration recommends approval of the attached contract with Downs Electric Inc. The Board of Education approved awarding Bid No. 23-008 South High School Capital Improvements to the low bidder, Downs Electric Inc. on September 22, 2022.

The capital improvements include the replacement and upgrading of HAVC, Plumbing and Electrical Infrastructure that are at the end of their life or do not conform to current code and design practices. This work is funded utilizing ESSER funds under Pillar 3.

Rationale:  FUND:  156  Head Start/Early Head Start Grant
PROGRAM:    3201,  Early Childhood Education
DEPT:   0660085, Kennedy Head Start Grant
PROJECT:  621722, Head Start - Educare
AMOUNT:  $3,174,695.00 

Section 642 of the Head Start Act requires Board of Education approval on this proposed agreement between Omaha Public School and Educare of Omaha. This document is an agreement between OPS Head Start/Early Head Start and Educare for the 2022 - 2023 grant year. Educare agrees to provide Head Start and Early Head Start services as a delegate agency for OPS and follow all Head Start regulations.  

Rationale:  Administration recommends approval of the attached tentative collective bargaining agreement with the Eastern Nebraska School Security Union Local #28 (ENSSU) for the 2021-2022 and 2022-2023 school years.  The parties had previously reached impasse, largely over language issues relating to pay during remote learning days, which resulted in ENSSU filing a wage action with the Nebraska Commission of Industrial Relations (CIR).  The total package cost increases by 12% in year one and 4% in year two.  These increases are the result of the fact that the District’s own comparability data, which would have been offered as evidence before the CIR, demonstrated that the District was significantly below comparable school districts with respect to its hourly wage.  Employees in the ENSSU bargaining unit will move, like all other District bargaining units, from a $1050 to a $1200 deductible health plan with a $0 deductible, narrow network option beginning with the 2022-2023 school year.  ENSSU has ratified the agreement.  During the past two contract years, ENSSU worked under the terms of the previous collective bargaining agreement.  Current employees covered by the agreement will receive retroactive pay back to August 1, 2021 pursuant to the terms of the attached agreement based on their actual hours worked.  The District and ENNSU have agreed that the CIR litigation will be dismissed following approval of the attached agreement by the Board.   

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:  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:

8273 - Vacancies
8346 - Public Participation at Board Meetings
 

Rationale:  FUND: 1   General
PROGRAM: 2750    Regular Education
DEPT ID: 7162800 Transportation
SUPPLIER: 44133 Student Transportation of America
POLICY: 7000, VII, D.
AMOUNT: $1,200,000.00

Per Policy 7000 VII A. D., Administration recommends approval of the attached Fourth Amendment to the current contract for bus transportation services with Student Transportation of Nebraska (STA). The amendment increases the rates for service charged to the District for buses by $25 dollars per category based on length of need.  This increase is specifically to provide an increase in salary for STA drivers moving the starting rate of pay to $22.00 per hour. Additionally, this Amendment increases the rate of liquidated damages charged to STA by the District by approximately 8%, mirroring the increase in service rate charged and adds additional liquidated damages if STA fails to notify staff of a bus change or delay at least thirty minutes prior to pick up via Bus Bulletin.  Finally, this Amendment requires STA to increase the number of staff it contracts with the teleservice provider to increase timely communication with families.  The original contract with STA was approved by the Board of Education on April 3, 2019, the First Amendment was approved on June 15, 2020, the Second Amendment was approved on Sept. 21, 2020, and the Third Amendment was approved on April 19, 2021.  Based on current utilization, the projected additional cost to the District will be $1,200,000 for the 2022-2023 school year.  However, due to decreases in the number of routes and liquidated damages assessed, Administration does not project this additional cost will exceed the original budget for STA services for this school year. 

Rationale:  Administration will provide an update on work occurring to support Early Literacy in the District.

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:

5408 - Health Screening
5419 - Student Privacy Protection
5420 - Dating Violence
5424 - Elementary School Uniforms
5426 - Student Data
5501 - Bus Transportation
5504 - Special Education Transportation

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

Rationale:  Attached please find updates from Citizen’s Bond Oversight Committee (CBOC)
 

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.