January 23, 2023 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting
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A. OPS Board Of Education Information
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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. |
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B. Call to Order
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C. Pledge of Allegiance
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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. |
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E. Roll Call
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E.1. Excused/Unexcused Absence
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F. School Spotlight
Rationale:
The #OPSProud Spotlight recognizes students who earned the Nebraska Seal of Biliteracy. The Nebraska Seal of Biliteracy acknowledges a high student achieving a high level of proficiency in English and at least one additional language. High achievement through World Language programs aligns with many attributes outlined in the Omaha Public Schools Portrait of a Graduate.
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G. Board and Superintendent Communications
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G.1. Superintendent
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G.2. Board Members
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H. Public Comment and Recognition
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I. Consent Agenda
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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.
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I.1. Reading of Minutes
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I.1.a. Thursday, January 5, 2023 - Regular Meeting
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I.2. Approval of Amendment No. 008 to the Agreement with McCarthy Building Companies, Inc. – Buena Vista High School Project – 2018 Bond Program – (Add $1,107,903.00) Revised Total $83,651,850.00
Rationale:
FUND: 42 - 2018 Bond Program Proceeds Fund
PROGRAM: 2591 - Building & Grounds DEPT: 3630020 - Buena Vista High School Facilities PROJECT: 321508 - Buena Vista High School Project SUPPLIER: McCarthy Building Companies, Inc. POLICY: 7003, F.3. AMOUNT: $1,107,903.00 Pursuant to Policy 7003, F.3., Administration, Jacobs, and DLR Group recommend approval of Amendment No. 008, which is the athletic bleacher seating work for Buena Vista High School Project for a guaranteed maximum price (GMP) of $1,107,903.00. Bond proceeds not to exceed $1,107,903.00 will be used to fund a cast-in-place structure with seating risers for home seating at the football/soccer field along with aluminum bleachers at the baseball field, softball field, and visitor athletic field. This additional work to finalize the athletic fields and provide for the spectator experience is being funded out of available Bond Program Savings. Athletic Bleacher seating for Westview High School will be presented at a future board meeting. The Board approved the CMR Agreement with McCarthy Building Companies, Inc. on January 23, 2019, GMP Amendment No. 001 on April 3, 2019, GMP Amendment No. 002 on August 19, 2019, GMP Amendment No. 003 on January 6, 2020, GMP Amendment No. 004 on May 13, 2020, GMP Amendment No. 005 on July 13, 2020, GMP Amendment No. 006 on August 16, 2021, and GMP Amendment No. 007 on May 2, 2022. The addition of GMP Amendment No. 008 brings current value of the CMR Agreement to a total amount of $83,651,850.00.
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I.3. Approval of the Appointment of Bri Full to the Nebraska Association of School Boards (NASB) Legislation Committee
Rationale:
The following Board member will be appointed to the Nebraska Association of School Boards (NASB) Legislation Committee:
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I.4. Approval of Change Order No. 002 for Buena Vista High School: New High School Project – 2018 Bond Program - (Neutral $0.00) Revised Total: $83,651,850.00
Rationale:
FUND: 42 - 2018 Bond Program Proceeds Fund
PROGRAM: 2591 - Buildings & Grounds DEPT: 3630020 - Buena Vista High School PROJECT: 321508 - Buena Vista High School: New High School Project SUPPLIER: McCarthy Building Companies, Inc. POLICY: 7000, IV.G. AMOUNT: $0.00 Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, DLR Group, recommend that the following change order agreement be submitted for approval: Project: Buena Vista High School: New High School Project Architect/Engineer: DLR Group Contractor: McCarthy Building Companies, Inc. Fund: 42 2018 Bond Program
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I.5. 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.).
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I.6. 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.
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I.7. 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.
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I.8. 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.
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I.9. 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.
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I.10. 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.
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I.11. 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.
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I.12. Committee on Claims Audit Approval 01/18/2023
Rationale:
State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class V 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.
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I.13. Approval of Contract with the Children’s Literacy Initiative to Support the District’s Literacy Program (2022-2023, $416,777.85 and 2023-2024, $878,237.13)
Rationale:
FUND: 175 COVID Federal Grants
PROGRAM: 3201 Early Childhood Education DEPT: 71922010 Elementary Education PROJECT: 499234 ESSERS III: Early Literacy SUPPLIER: Children’s Literacy Initiative POLICIES: 7000, III.D, 7000, VII.A Strategic Plan: Priority 1, Academics AMOUNT: Year 1 $416,777.85 (adjusted from original approved amount $457,604.25) Year 2 $878,237.13 (includes scale up costs) On October 17, the Omaha Public Schools Board of Education approved the award of RFP No. P001-23 for Early Literacy Support, Professional Learning and Coaching to Children’s Literacy Initiative. Administration recommends approval of the contract with the Children’s Literacy Initiative to support the District’s literacy program for the 2022 - 2023 and 2023 - 2024 school years. The work focuses on building site-based literacy coaching capacity and facilitation, strengthening early literacy instruction and instructional leadership and supporting District level literacy improvement. The services continue and extend the supports provided in school years 2020 - 2021 and 2021 - 2022. School year 2022 - 2023 costs contemplate commencement of services upon Board approval in October, 2022, through June, 2023. School year 2023 - 2024 costs include services provided from July, 2023, to June, 2024, and scale up the project to expand targeted support for additional schools.
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I.14. Approval of a Contract Renewal with Qualtrics for the 2023-2024 School Year ($98,384.38)
Rationale:
FUND: 1 General Fund
DEPT. ID: 7062700 Research Office ACCOUNT: 54510 Computer Software POLICIES: 7000, III. K., 7000, VII. A. VENDOR: Qualtrics AMOUNT: $98,384.38 Administration recommends approval to contract with Qualtrics for the 2023-2024 school year to provide access to their survey suite with advanced analytics and text distribution functionality. The Qualtrics Research Suite is used for collecting critical customer engagement and experience data to inform District efforts. The total contract amount is for $98,384.38.
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I.15. Approval of a Partnership Agreement with Omaha Public Schools Foundation (OPSF) to Support the Project Management and Construction Partnerships of a Student-Built House Project Between 2023 and 2025
Rationale:
Administration recommends approval of the contract for a partnership between Omaha Public Schools and the Omaha Public Schools Foundation (OPSF) for the purpose of supporting the building of student-built houses as aligned to Pathway Programs of Construction and Design. OPSF will pay costs associated with the site acquisition and management and will be the owner of the property for the project. Omaha Public Schools will contract with The Architectural Offices, an architectural firm, for design.
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I.16. 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.
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I.17. Approval of Settlement Agreement Between the District and the Estate of Drake Geiger, relating to Drake Geiger’s Death during Football Practice on August 10, 2021, at South High School
Rationale:
Administration recommends approval of the attached Settlement Agreement negotiated by the parties during a recent mediation. The Agreement is between the Estate of Drake Geiger and the District and arises from Drake Geiger’s death during football practice on August 10, 2021, at South High School. The total settlement is in the amount of $675,000. The Agreement releases the District from all claims and is contingent upon approval by the County Court of Douglas County. The District will cover costs up to its retention ($300,000) and United Educators, the District’s insurance carrier, will cover the balance.
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J. Discussion and/or Action Items
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J.1. Action Item(s)
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J.1.a. Approval of the Report of the Legislative Committee Including Recommended Legislative Positions
Rationale:
The Legislative Committee, in keeping with the provisions of Policy 8150, recommends approval of its findings and recommendations as set forth in the attached summary of bills introduced before the Nebraska Legislature. The Committee continuously monitors legislative activity and may, from time to time, recommend that the Board take or update a position on a particular bill, resolution or amendment. Committee recommendations typically include one of the following: Support, Oppose, or Monitor with Research. In the absence of one of those recommendations, the Committee is recommending that the District take no position. Given the fluid nature of the legislature, the Committee may need to present new bills, resolutions or amendments, including some that may not have appeared on the bill summary, to the Board for consideration. In addition to the bill summary, the Committee, on occasion, recommends Board approval of position statements to guide the Board President and/or Superintendent when dealing with legislative debate on issues particular concern to the District that arise between Board Meetings.
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J.2. Information Item(s)
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J.2.a. College & Career Academies and Pathways Update from Bryan High School
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Staff will provide an update on the work occurring to support the implementation of College & Career Academies and Pathways. The team from Bryan High will share an update of their academies, will share how teacher capacity and collaboration has grown through academy teaming, and how staff have built valuable student experiential learning.
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K. Receipt of Reports
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K.1. CBOC Update of the Phase II Bond Programs December 2022
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Attached please find updates from Citizen’s Bond Oversight Committee (CBOC).
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L. Request for Closed Session
Rationale:
The Omaha Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law. 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. |
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M. Adjournment
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