March 6, 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 Bryan 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 recognizes students from Marrs Middle and South High who won the 2023 African-American history challenge.

Rationale:  The Treasurer's Report for January 2023 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:  Articles of Incorporation for the Friends of KIOS, and Friends of KIOS Bylaws require the Omaha Public Schools Board of Education to approve, by a majority vote, the appointment of Friends of KIOS board members. Articles of Incorporation outline that the five-member board shall consist of one Board of Education member, one Omaha Public Schools staff member, and three community members. Members up for (annual) re-appointment include Dr. Shavonna Holman (Board of Education representative) and Mrs. Susan Christopherson (staff representative). The three community representatives, approved by the Board of Education in June 2021, will continue their term through March 2024.

Rationale:  FUND:     01 General
PROGRAM:  2620 Maintenance School/District Buildings
DEPT. ID: 7166600 Schoolhouse Planning         
SUPPLIER: Downs Electric Inc.
POLICIES: 7000, III.K, 7000, VII.A, 7000, VII.D
AMOUNT:   $313,611.00

Administration recommends approval to Award Bid No. 23-019 to Downs Electric Inc. for Multiple Sites Electric Heaters and Installation project. Downs Electric Inc. was the only bidder for the purchase and installation of electric unit heaters in mechanical/boiler rooms of multiple District Buildings. The addition of electrical heaters is required to supplement heat in mechanical and boiler rooms that received new high-efficiency boilers/water heaters as part of the 2014 and 2018 Bond work. The new boiler systems do not radiate the heat necessary to sufficiently heat the rooms during winter temperatures. The new heaters will provide the heat necessary to condition the room to efficient operating temperatures and prevent damage to building utilities within the room. Facilities receiving heaters from this project are Benson West, Beveridge Middle, Bryan Middle, Catlin, Conestoga, Crestridge, Edison, Florence, Forest Station, Gilder, Indian Hills, Kellom, Norris Middle, and Oak Valley School. Furthermore, administration recommends acceptance of alternates 1 and 2. Alternate #1 is for the addition of a fan to the heating system at 7 locations that have large open volumes. Alternate #2 is for the addition of supplemental electric heat in the nurse’s office in Forest Station. The existing ductwork and fan-box configuration cannot provide the heat required in the health office.

Finally, Administration recommends the attached contract with Downs Electric, Inc., for approval. The total price of Bid No. 23-019, Multiple Sites Electric Heaters and Installation, is $313,611.00.

      Bids received were:

Vendor	Base Bid	Alternate 1	Alternate 2
*Downs Electric Inc.	*$279,237.00	*$33,051.00	*$1,323.00

*Apparent Low Bidder meeting the specifications.
                                                                            
For complete bid documentation, contact barakat.elshelaby@ops.org.

Rationale:  FUND:   175 Covid Federal Grants
PROGRAM:  2620 Maintenance School/District Buildings
DEPT. ID: 7166600 Schoolhouse Planning         
SUPPLIER: MMC Mechanical Contractors, Inc. of Omaha
POLICIES: 7000, III.K, 7000, VII.A, 7000, VII.D
AMOUNT:   $ 74,980.00 

Administration recommends approval to Award Bid No. 23-020 to MMC Contractors Inc. of Omaha for the finned tube modifications at Lewis and Clark Middle School. The modifications will include the removal and replacement of fin tube expansion joints in the low-pressure steam fin tubes within classrooms. Fin tubes are a type of heat exchanger that transfers heat from the liquid within the fin tube into the surrounding air more efficiently. These are used as part of the heating system at Lewis and Clark Middle School. The existing finned tube expansion joints have met the end of their useful life and are no longer serviceable.
       
Finally, Administration recommends the attached contract with MMC Contractors, Inc. of Omaha., for approval. The total price of Bid No. 23-020, Lewis & Clark Finned Tube Modifications Project is $74,980.00.

Bids received were:

Vendor	Base Bid
*MMC Contractors	*$74,980.00
Rasmussen Mechanical Services	$150,221.00

*Apparent Low Bidder meeting the specifications.
                                                                            
For complete bid documentation, contact barakat.elshelaby@ops.org.

Rationale:  FUND:    4005 Nutrition Services Fund
PROGRAM: 2510 Business Support Services
DEPT: 7165000 Nutrition Services Admin.
SUPPLIER:     TriMark Hockenbergs
POLICIES: 7000, III.C., 7000, VII.A.
AMOUNT: $151,250.00                       

Administration recommends approval to award Bid No. 23-035 to TriMark Hockenbergs for twenty-five (25) heated mobile cabinets.  These heated mobile cabinets will be used to transport food to schools. The District received (8) bid responses. Sam Tell Co. is non-compliant for submitting incorrect size casters, and the number of slides per cabinet, zinc instead of steel, and incorrect hinges. Central Restaurant Supply is non-compliant for submitting a weaker power supply than specified. Concerv Flag Co. is non-compliant for submitting aluminum for the body when steel was specified, and Technology International Co. did not meet bid specifications for submitting an undersized unit.  This project will replace the existing equipment at Lewis & Clark Middle School which has reached the end of its service life. The amount for twenty-five heated mobile cabinets is $151,250.00.

Bids received were:

Supplier	Total price for bid
Buller Fixture Co.	$152,300.00
Culinary Depot Inc.	$156,075.00
Douglas Equipment Co.	$153,162.75
Tri-Mark Hockenbergs*	$151,250.00*
Sam Tell Co.	$142,051.25 NC
Central Restaurant Supply	$144,600.00 NC
Concerv Flag Co	$124,975.00 NC
Technology International Co.	$105,700.00 NC

* Awarded low-priced items meeting bid specifications from a compliant bidder.
NC= non-compliant and does not meet specifications within the bid document.

For complete bid documentation, contact Eduardo.Acosta@ops.org. 

Rationale:  FUND: 153    Special Education - IDEA               
PROGRAM:  1210   SPED I Academic Achieve Center
DEPT. ID:   7194010 Special Education Admin
PROJECT:    461023  IDEA - Nonpublic 6412
SUPPLIER:   2192    Greenwood Publishing Group, (Doing Business As Heinemann)
POLICIES:   7000, III., I.
AMOUNT:   $57,760.00

Administration recommends Bid No. 23-037 to be awarded to Greenwood Publishing Group (Doing Business As Heinemann) for The Joyful Teacher book. Bids were solicited to purchase The Joyful Teacher book for each of the 2,000 Omaha Public School teachers who attended the author’s curriculum day session.  The book will provide teachers with strategies and tips to use with students to improve student performance. The District received eleven (11) bid responses. Administration recommends awarding the lowest bidder, Heinemann. 

The total price of award for Bid 23-037, The Joyful Teacher book is $57,760.00.

Bids received were:

Supplier	Units	Unit Cost
Greenwood Publishing Group, (Doing Business as Heinemann)*	2,000	$   28.88
AKJ Education	2,000	$   38.00
Barnes & Noble Booksellers, Inc	2,000	$   36.45
Book Xchange, LLC	2,000	$   45.00
Complete Book and Media Supply LLC	2,000	$   33.54
Follett Content Solutions, LLC	2,000	$   41.94
Ingram Library Services, LLC	2,000	$   33.75
Mackin Educational Resources	2,000	$   45.00
Superior Text LLC	2,000	$   29.25
Textbook Warehouse, LLC	2,000	$   32.98
The Reading Warehouse	2,000	$   34.99

* = 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:  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 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:  Fund: 1, General Fund
Department: 7194010, Special Education Administration
Programs: 1270, Contracted Services
Supplier: Iowa School for the Deaf
Policy: 7000, III., K., 7000, VII., A.
Strat Plan: Goal 1 - Academics
Amount: $100,536.00

Administration recommends approval of a contract with Iowa School for the Deaf. 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. The contract has had legal review and is budgeted for within the 2022-2023 school year. All providers will be approved by NDE to provide special education and related services. The total cost to the District is estimated to be $100,536.00 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. 

Rationale:  Pursuant to Policy 7000, IX. A., Administration recommends approval of the attached agreement with Sprint Spectrum Realty Company, LLC for the transfer of cellular equipment infrastructure and site improvements located at Bryan High School.  This agreement will transfer ownership of select infrastructure and site improvements made by Sprint at the cellular site located at Bryan High School to the District. The lease for this location has expired and will not be renewed. The equipment and improvements will be transferred to the District at no cost. Improvements that will remain on-site can be utilized by the District or another communications provider as part of a future lease agreement.   

Rationale:  Pursuant to Policy 7000, IX.A., Administration recommends approval of the attached agreement with Sprint Spectrum Realty Company, LLC for the transfer of cellular equipment infrastructure and site improvements located at Burke High School.  This agreement will transfer ownership of select infrastructure and site improvements made by Sprint at the cellular site located at Burke High School to the District. The lease for this location has expired and will not be renewed. The equipment and improvements will be transferred to the District at no cost. Improvements that will remain on-site can be utilized by the District or another communications provider as part of a future lease agreement.

Rationale:  Administration recommends the approval of the five (5) year extension of the lease with MRI-Fund Real Estate Fund Limited Partnership for 4875 F Street, Omaha, NE.  The Transition South Program utilizes this site as an instructional site that assists secondary students, ages 18-21, whose IEPs indicate a need for additional transition services in vocational development, independent living skills, community participation, and post-secondary training.  The Board of Education approved the original lease on March 21, 2016.  The monthly rent for the first year of the extension is $10,873.41 per month.  The monthly rate increases to $10,932.78 in year two and $10,993.35 in year three.  The monthly rate decreases to $3,150.46 in year four and slightly increases in year five to $3,213.47.  The total cost of the lease over five (5) years is $469,961.64.  
 

Rationale: 

Rationale:  Administration recommends approval of the attached Memorandum of Understanding, which sets the hourly rate for School Psychologists during Next Level Learning at $45.00 per hour.  In an effort to address the desire of the District to serve additional students this summer who have been affected by the COVID-19 pandemic, the District wishes to maintain the 2022 summer rate the Board of Education approved on April 4, 2020 for Next Level Learning School Psychologists at $45.00 per hour for the 2023 summer.    
 

Rationale: 

Rationale:  FUND: 175 (COVID Federal Grants) 
DEPT: 7062560 (Districtwide Technology)
PROGRAM: 1100 (Regular Instruction)
PROJECT: 499530 (ESSERS II) & 499254 (ESSERS III)
VENDOR: Apple Inc.
AMOUNT: $17,977,404.00
POLICIES: 7000, III. K.,7000, V. G.

FUND: 175 (COVID Federal Grants)
DEPT: 0660085 (Head Start Grant)
PROGRAM: 3201 (Early Childhood)
PROJECT: 629922 (Head Start OPS COVID Funds)
VENDOR: Apple Inc.
AMOUNT: $350,000
POLICIES: 7000, III. K.,7000, V. G.

FUND: 7313 (Security Deposit IMS)
DEPT:  7062800 (Risk/Safety Management)
PROGRAM: 1100 (Regular Instruction)
VENDOR: Apple Inc.
AMOUNT: $537,950.00
POLICIES: 7000, III. K.,7000, V. G.

Administration recommends approval of the purchase of 37,000 iPad Air 9th generation tablets with Wi-Fi plus cellular data capability in the amount of $18,865,334.00. This purchase includes the cost of the device, $379.00, new case $34.95, four-year Apple Care warranty $79.00, and Apple Professional Services for configuration and deployment. This purchase will allow the District to begin the replacement process for current student devices in the 2023-2024 school year. The District will sell the current devices for the residual value. This purchase is to ensure students have access to resources to perform daily learning activities.

In keeping with the provision of policy 7000, V. G., no bid was required for these purchases because Apple is a sole source provider.

Rationale:  Pursuant to Policy 7000, III.D, Administration recommends the Board reject all bids submitted for Bid No. P007-23, Wilson Focus Roof Top Unit Replacement. The proposed rejection, by the District, is based upon the receipt of multiple non-compliant bids. The two bid submissions received were non-compliant. Of the two non-compliant bids one bidder did not provide an original bid bond with the submission of their bid and one bidder had the incorrect project name on the bid bond submitted with their bid. Administration is seeking to reject all bids so that this project can be rebid right away to allow work to be completed prior to next winter.

Rationale:  Staff will provide an update on the work occurring to support the implementation of College & Career Academies and Pathways. The team from South High will share an update around their College & Career Pathway Programming and the Freshman Academy.

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:

LB528 Hansen, B.
Create the Nebraska Option Enrollment Tuition Account Program
Oppose 

LB550 Ballard
Change provisions relating to the enrollment option program
Oppose

LB708 Arch
Require the Office of Probation Administration, the State Court Administrator, the State Department of Education, and the Department of Health and Human Services to enter into a memorandum of understanding for the sharing of data regarding data relevant to students who are under the jurisdiction of the juvenile court
Oppose Letter

LB811 Murman
Change provisions relating to the Student Discipline Act and provide for use of physical contact or physical restraint or removal from a class in response to student behavior, provide for behavioral awareness and intervention training, and change provisions relating to lottery funds used for education
Oppose Testimony

LB746 Cavanaugh, M.
Restrict the use of tax-increment financing
Monitor w/ Research

LB169 Hunt
Prohibit discrimination based upon sexual orientation and gender identity
Support Letter

LB303 Linehan
Change provisions relating to an annual estimate for necessary funding under the Tax Equity and Educational Opportunities Support Act
Monitor w/ Research

LB495 Briese
Redefine nonqualified withdrawal for purposes of the Nebraska educational savings plan
Monitor w/ Research

LB580 Holdcroft
Change provisions relating to agricultural or horticultural land receiving special valuation
Monitor w/ Research

LB366 Conrad
Change provisions relating to public records and include body-worn camera recordings in certain circumstances
Monitor w/ Research

LB650 McDonnell
Allow certain cybersecurity records to be withheld from the public
Monitor w/ Research

LB378 McDonnell
Change retirement system participation provisions
Monitor w/ Research

LB165 Geist
Include elementary and secondary schools in the Nebraska educational savings plan trust and change tax benefits
Oppose

LB699 Murman
Change the valuation of certain real property for purposes of taxes levied by school districts
Monitor w/ Research

LR30CA Murman
Constitutional amendment to provide for a different method of taxing commercial real property
Monitor w/ Research

LR22CA Dover
Constitutional amendment to change legislative term limits to three consecutive terms
Monitor w/ Research

LB523 Walz
Require a state plan amendment to include school psychologists as medicaid providers
Support Letter

LB203 Riepe
Provide for a release of employee medical records as prescribed under the Nebraska Workers’
Compensation Act
Monitor w/Research

LB785 McKinney
State intent to appropriate funds to the Department of Natural Resources and the Department of
Economic Development
Monitor w/ Research

LB159 McDonnell
Adopt the Fostering Independence Higher Education Grant Act
Monitor w/ Research

LB178 Erdman
Require display of the national motto in schools
Oppose

LB635 Albrecht
Provide requirements regarding access to digital and online resources provided for students by school districts, schools, and the Nebraska Library Commission
Oppose Letter

LB638 Albrecht
Adopt the Nebraska K-12 Cybersecurity and Data Protection Act
Monitor w/ Research

LB679 Day
Create the Holocaust and Genocide Education Training Grant Program and provide duties for the State Department of Education, State Board of Education, and Commissioner of Education
Support Letter

LB340 McKinney Change provisions related to expelled students under the Student Discipline Act
Oppose Letter

LB632 McKinney
Prohibit the suspension of students in prekindergarten through second grade in a school in a city of the metropolitan class
Oppose Letter

LB690 Linehan
Change provisions relating to powers and duties of the State Department of Education, State Board of Education, and Commissioner of Education
Monitor w/Research

LR24CA Albrecht
Constitutional amendment to eliminate the State Board of Education and provide for the Governor to appoint the Commissioner of Education
Oppose

LR28CA Linehan Constitutional amendment to change the membership of the State Board of Education
Monitor w/ Research

LR29CA Linehan
Constitutional amendment to provide term limits for the members of the State Board of Education
Monitor w/ Research

LB532 McKinney
MWR Change provisions of the Community Development Law
Monitor w/ Research

LB429 Walz
Create a fund under the Tax Equity and Educational Opportunities Support Act and transfer unclaimed income tax credits to the fund
Monitor w/ Research

LB499 M. Cavanaugh
Change provisions relating to the availability of tax credits under the School Readiness Tax Credit Act
Monitor w/Research

LB322 Linehan
Prohibit creation of new joint public agencies with power or authority relating to tax
Monitor w/ Research

LB344 Armendariz
Exclude certain delinquent taxes from qualifying for tax credit under the Nebraska Property Tax Incentive Act
Support Letter

LB529 Hansen
Change provisions of the Property Tax Request Act
Support

LB677 Day
Create the Nebraska Knowing is Doing Something pilot program
Monitor w/Research

LB752 M. Cavanaugh
Prohibit discrimination in employment by any entity receiving state funding
Support Letter

LB610 Lippincott
Appropriate funds to the State Department of Education
Support Letter

LB681 Clements
Change provisions relating to a fund and provide for transfers under the Tax Equity and Educational Opportunities Support Act
Oppose Testimony

LB781 Halloran
State intent to appropriate funds to the State Department of Education
Monitor w/ Research

LB651 McDonnell
Provide for appropriations relating to cybersecurity improvements for state agencies and political subdivisions
Monitor w/ Research

Rationale:  The Accountability Committee recommends approval of the attached Agreement and Superintendent Pay Transparency Notice for Mr. Matt Ray to serve as Interim Superintendent.  The agreement will commence on July 1, 2023 and will end one day prior to the first day of work of the permanent Superintendent.  The agreement provides that Mr. Ray will be paid a base salary of $325,000 and will receive benefits that generally mirror those provided to the current Superintendent.  The agreement also provides that Mr. Ray will return to his current position of Deputy Superintendent and Board Secretary in the event he either: 1) chooses not to apply for the Superintendent position; or 2) applies for but is not selected to serve as the Superintendent.  

The Accountability Committee notes an overstatement in the Superintendent Pay Transparency Notice, related to Mr. Ray’s compensation in the 2023-2024 school year. Like all eligible employees, Mr. Ray’s length of service with Omaha Public Schools allows unused leave time to be converted for payment upon separation from the school district. All Mr. Ray’s unused leave is required by law to be counted as payment in the 2023-2024 Superintendent Pay Transparency Notice and thus creates a notice that inaccurately reflects his total compensation. That includes $75,884.40 of unused sick leave, $54,383.80 of unused vacation leave, and $3,794.22 of unused personal leave, totaling $134,062.44. These amounts were accrued by Mr. Ray throughout his previous years of service to the District and is not new under this agreement. Without separating from the school district, Mr. Ray may only convert $12,647.40 of unused leave for payment in the 2023-2024 school year. The Committee notes that this agreement states that upon it’s completion Mr. Ray will return to his previous position with the District. The Superintendent Pay Transparency Notice overstates Mr. Ray’s total potential compensation for the 2023-2024 year by $121,435.02. The accurate compensation total for the 2023-2024 school year would be $462,575.95.

Rationale:  The Accountability Committee recommends approval of the attached Transition Services Agreement with Matt Ray.  The Accountability Committee anticipates that Mr. Ray will be called upon to provide Transition Services in addition to performing his current duties as Deputy Superintendent and Board Secretary.  Those services shall be provided as directed by the Board of Education and/or the Superintendent and are intended to facilitate a seamless transition from the current Superintendent to Mr. Ray as he prepares to undertake the role of Interim Superintendent.  As such, the Accountability Committee recommends that Mr. Ray be paid $250 per duty day, in addition to his current salary, up to 62 duty days, for such additional Transition Services.  The additional payment will be treated as wages and will be paid in the normal course of the District’s payroll practices.  The agreement also includes a $3,000 transportation allowance.  The transportation allowance will be treated as wages and will be paid in a lump sum at the next normal payroll after April 1.    The agreement is for the period starting April 1, 2023 through June 30, 2023.

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.