February 22, 2023 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 Omaha Public Schools Special Education Teacher Lisa Moody, who recently won a Milken Educator Award. The awards are a top national honor for teachers.

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:  Policy 7003, F3, requires Board of Education approval for this proposed agenda item.  Staff recommends approval of Amendment No. 002 with Diamond Assets LLC to District RFP 014-20, which states the District wishes to exercise its option to extend the agreement for the second of three possible one-year terms. 

The Board approved the Master Agreement with Diamond Assets at the November 2, 2020, Board Meeting and granted the contract's extension with the approval of the First Amendment at the December 13, 2021 Board Meeting.

Rationale:  FUND:     42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT:     0400020 - Adams Elementary School
PROJECT:  321520 - Adams Elementary School: Capital Improvements & Renovation Project
SUPPLIER: The Weitz Company
POLICY:   7000, IV.G.
AMOUNT:  ($38,335.88)

Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, KPE Architecture Engineering Forensics, recommend that the following change order agreement be submitted for approval:

Project: Adams Elementary School: Capital Improvements & Renovation Project
Architect/Engineer: KPE Architecture Engineering Forensics
Contractor: The Weitz Company
Fund: 42 2018 Bond Program
 

RFP#	Type	Description	Type	Amount
PCO004	Arch.	Provide a credit for the unused contingency and allowances for the project that was included with the original GMP Amendments No. 001, 002, and 003.	Deduct	($38,335.88)

  

Total Amount of Change Order No. 001 - Deduct	($38,335.88)
Original Contract Amount	$1,078,094.00
Previously Approved Changes	$739,425.00
Change Order No. 001 - Deduct	($38,335.88)
Total Revised Contract Amount	$1,779,183.12
Amount Paid to Date	$1,746,583.84
Amount Remaining	$32,599.28

Rationale:  FUND:     42 - 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:   ($20,579.08)

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: 42 2018 Bond Program  
 

RFP#	Type	Description	Type	Amount
PCO172	Arch.	Provide a credit for the unused contingency and allowances for the project that was included with the original GMP Amendment(s) No. 001, 002, 003, 004, and 005.	Deduct	($20,579.08)

 

Total Amount of Change Order No. 003 - Deduct	($20,579.08)
Original Contract Amount	$15,934,106.50
Previously Approved Changes	$337,869.65
Change Order No. 003 - Deduct	($20,579.08)
Total Revised Contract Amount	$16,251,397.07
Amount Paid to Date	$16,251,397.07
Amount Remaining	$0.00

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 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.

Rationale: 

Rationale:  FUND:  1     General Fund
PROGRAM:  2510     Business Support Services
DEPT:  7062510  Information Management Service
SUPPLIER: 24091   Sirius Computer Solutions
POLICY:   7000, III, K., VILA.
AMOUNT:  $1,890,374.48

Administration recommends the approval of the contracts for Bid No. 23-012 that was awarded to Sirius Computer Solutions, LLC  at the February 6, 2023 Board Meeting to purchase network switches, wireless access points, and switch modules to update existing District Network equipment at the following schools:

Jackson Elementary
Marrs Middle
McMillan Middle
Monroe Middle
Morton Middle
Northwest High
Walnut Hill Elementary
Wilson Focus

Rationale: 

Rationale:  Administration recommends approval of the attached Memorandum of Understanding (MOU) with Service Employees International Union Local 226 (Local 226).  The District remains short of drivers for special education routes.  The parties are in agreement that there are certain routes, namely, routes on which District drivers transport District students to non-District schools (Level 3 schools) to receive special education services, which could be contracted out without adversely affecting Local 226 drivers.  As such, the MOU will permit the District to contract out routes to Level 3 schools between February 1, 2023, and May 31, 2023. 

Rationale:  The Omaha Education Association (OEA) and the District have reached a tentative agreement for the 2023-2024, 2024-2025, and 2025-2026 school years.  The tentative agreement will increase the starting salary in year one by $1000 to $45,000, by $5,500 to $50,500 in year two, and by $700 to $51,200 in year three.  The salary increases amount to 2.27% in year one, 12.22% in year two, and 1.38% in year 3.  The District will continue to provide a $1200 deductible health plan with a $0 deductible, narrow network option.  Covered employees who work in Special Education will receive an additional 2% premium pay, increasing from 5% to 7% of salary.  The agreement also increases extra duty pay and permits the District to call staff to work during the summer to attend Special Education related meetings.  Administration recommends Board approval of the attached tentative agreement which has been ratified by the OEA.

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:     1       General
PROGRAM:  2750    Regular Education
DEPT ID:  7162800 Transportation
SUPPLIER: 44133   Student Transportation of America
POLICY: 7000, VII D.
AMOUNT: $13,999,982.30

Administration recommends approval of the attached Fifth Amendment to the current contract for bus transportation services with Student Transportation of America (STA). This amendment exercises the option year of the contract originally approved by the Board of Education on April 3, 2019, with the following changes. The option year will be reduced from a two (2) year option to a one (1) year option. The District has agreed to waive fleet age requirements and the provisions requiring call support provisions as the District will provide this service outside of the STA contract for all levels of student transportation. Additionally, STA agrees to waive the surcharge for decreased number of buses needed due to STA’s inability to cover all routes with a driver. STA also agrees to fill the STA Liaison position by August 1 or reimburse the District for the individual they assign this position after August 1 if not filled. Finally, STA and the District agree to raise STA driver pay to no less than $23.00 per hour beginning August 2023 and an approximately 5% increase in service rate that will be charged to the District. All other provisions of the contract approved on April 3, 2019, the First Amendment approved on June 15, 2020, the Second Amendment approved on September 21, 2020, the Third Amendment approved on April 19, 2021, and the Fourth Amendment approved on October 17, 2022, remain in effect. This contract is projected to cost $13,999,982.30 for the 2023-2024 school year.

Rationale:  Administration recommends approval of aligning course sequencing for elementary, middle, and high school to include access to Computer Science and Technology course offerings and the inclusion of a one-semester, one-credit Computer Science and Technology course to fulfill graduation requirements to be implemented for the class of 2027. This will align with statutory requirements and timelines set forth by Nebraska Legislative action (79-729, 79-760.01, 79-3303, 79-3304, and 79-3305).

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 summary has been prepared with the assistance of Kissel Kohout ES Associates and generally includes legislation which may affect the District.  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.  The Committee is recommending that the Board adopt the following new positions with this report:

LB56 - Monitor with Research

LB161 - Monitor with Research

LB324 - Support Letter

LB385 - Support Letter

LB413 - Monitor with Research

LB519 - Support Testimony

LB558 - Oppose Letter

LB603 -Support Letter

LB5 - Support Letter

LB99 - Support Letter

LB201 - Oppose

LB302 - Monitor with Research

LB320 - Oppose

LB435 - Oppose Testimony

LB487 - Support

LB507 - Monitor with Research

LB575 - Opposition Testimony

LB630 - Support Letter

LB647 - Monitor with Research

LB654 - Monitor with Research

LB704 - Monitor with Research
 
231 - Oppose Letter

386 - Support Letter

455 - Monitor with Research

701 - Monitor with Research

702 - Monitor with Research

705 - Monitor with Research

174 - Oppose

394 - Oppose

198 - Support Testifier

727 - Monitor with Research

637 - Monitor with Research

LR1CA - Support Letter

325 - Oppose

341 - Oppose

521 - Support Letter
 

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

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

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.