March 20, 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:  STATUTORY REFERENCE: Neb. Rev. Stat. §§ 13-807

The 2023-2024 Master Services Agreement with the Educational Service Unit Coordinating Council allows Educational Service Unit, No. 19 to participate in statewide core service initiatives pursuant to Rule 84. Through our participation, we are able to take advantage of products and services at a cost savings because of statewide buying power.  This agreement is renewed annually. 

Rationale:  FUND:     42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Building & Grounds
DEPT:     8770020 - Lewis & Clark Middle School Facilities
PROJECT:  321516 - Lewis & Clark Middle School Project
SUPPLIER: Vrana Construction
POLICY:   7003, F.3.
AMOUNT:   $207,414.00

Pursuant to Policy 7003, F.3., Administration, Jacobs, and TD2 Engineering recommend approval of Amendment No. 002, which includes a new aerial structural catwalk system in the boiler room space for operational safety purposes, minor fire sprinkler relocation in the boiler room, and mechanical adjustments to the air handling unit system to improve building energy efficiency for the Lewis & Clark Middle School Project for a guaranteed maximum price (GMP) of $207,414.00.

The Board approved the CMR Agreement with Vrana Construction on December 2, 2019, GMP Amendment No. 001 on June 1, 2020, and Change Order No. 001 on June 23, 2022. The addition of GMP Amendment No. 002 brings the current value of the CMR Agreement to a total amount of $11,540,543.76.

Rationale:  FUND:     42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Building & Grounds
DEPT:     1500020 - Spring Lake Elementary School Facilities
PROJECT:  321515 - Spring Lake Elementary School Project
SUPPLIER: Hausmann Construction, Inc.
POLICY:   7003, F.3.
AMOUNT:   $250,000.00

Pursuant to Policy 7003, F.3., Administration, Jacobs, and The Schemmer Associates, Inc. recommend approval of Amendment No. 003, which includes interior building finishes that contain staff room casework, electrical lighting fixture additions and new security cameras for life safety, and mechanical modifications that include building pneumatics and controls along with the installation of new heating coils for energy efficiency for the Spring Lake Elementary School Project for a guaranteed maximum price (GMP) of $250,000.00. This additional scope of work was identified during the construction renovation phase. For the building’s electrical and mechanical system to operate as designed, the additional electrical and mechanical scope of work is recommended to be done to extend the life cycle of the building operating system.

The Board approved the CMR Agreement with Hausmann Construction, Inc. on April 16, 2020, GMP Amendment No. 001 on September 9, 2021, Change Order No. 001 on June 23, 2022, Change Order No. 002 on October 3, 2022, and GMP Amendment No. 002 on December 12, 2022. The addition of GMP Amendment No. 003 brings the current value of the CMR Agreement to a total amount of $8,047,113.85.

Rationale:  FUND:     42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT. ID: 0650020 - Highland Elementary School Facilities 
PROJECT:  321513 - Highland Elementary School Project      
SUPPLIER: Midwest DCM
POLICY:   7000, IV. C.
AMOUNT:   $1,106,000.00

Administration, Jacobs, and Alvine Engineering recommend approval to Award Bid No. 23-038 to the lowest bidder, Midwest DCM, for the capital improvements and renovation work at Highland Elementary School. The additional work funded through 2018 bond program savings will consist of upgrades to interior finishes, mechanical systems, plumbing fixtures, and light fixtures to improve the instructional environment, operational performance, long-term durability, and building energy efficiency.

In addition to awarding the bid, Administration, Jacobs, and Alvine Engineering recommend the attached contract with Midwest DCM, for approval. The total price of Bid No. 23-038, including Alternate No. 01 for cabinetry replacement and/or resurfacing and sink replacement in classrooms and Alternate No. 2 for exit sign replacement for a total contract amount of $1,106,000.00.

Bids received were:

Vendor	Base Bid	Alternate No. 01 - Cabinetry Replacement and Resurfacing with Sink Replacement	Alternate No. 02 - Exit Sign Replacement	Total Contract Amount
Downs Electric	$1,137,525.00	$138,700.00	$8,450.00	$1,284,675.00
*Midwest DCM	$994,000.00	$95,000.00	$17,000.00	$1,106,000.00

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

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

Contractor                                     Project                                   Completion Date
McCarthy Building Companies      Bluestem Middle School:       February 13, 2023
                                                      New Middle School 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:  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:  Administration recommends approval of the attached contract with Holland Basham Architects, Inc. as the Design Firm for the Benson High Medical Clinic and Entry Addition.  The Omaha Public Schools Foundation entered into an Agreement on March 2, 2022, for the performance of architectural and engineering services to support the Benson High Medical Clinic and Entry Addition.  Holland Basham Architects, Inc. completed the Phase One work and has been compensated for this work by the Omaha Schools Foundation.  Additionally, the Omaha Schools Foundation has transferred all of its rights and interest in Plans, Specifications, and other work products to the District.  Under this agreement, Holland Basham Architects, Inc. will provide complete plans and specifications and construction administration services to complete the Benson High Medical Clinic and Entry Addition.  The agreed upon fee for these services is eight percent (8%) of the cost of the work, which is estimated to be $6,275,000.  Eight percent would equal approximately $502,000.00 of the total cost of work.

Rationale: 

Rationale:  Per Section 642 of the Head Start Act, the Board of Education serves as the Governing Body for Head Start.  The Head Start Governing Body is required to review and approve specific processes of the program including implementation of corrective action plans.  The Head Start program received a program performance summary report on February 24, 2023, identifying three areas of deficiency and one area of noncompliance.  Attached is the Quality Improvement Plan Head Start will implement to address these areas of deficiency and noncompliance.

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:       4012 Property Uninsured Loss Reserve Fund
PROGRAM:    2510 Business Support Services     
DEPT:       7162100 Accounting & Finance
SUPPLIER:   2228 Sherwin Williams  
POLICIES:   7000, III. K., 7000, VII. A. 7000, V., G.
AMOUNT:     $57,449.00

Administration recommends approval to purchase (1,015) 5 Gallon containers of KST04512 Uniflex Elastomeric MB Base Coat, Grey and (1,015) 5 Gallon containers of KST41300 Uniflex WHT Elast FSH from Sherwin Williams. Administration recommends the Board authorize this purchase as an exception to bid requirements in Policy 7000, as The District’s roofing department staff maintain certification by the manufacturer to properly apply this roofing system qualifying the final installation for a 10-year No Dollar Limit (NDL) warranty. Due to the type and slope of the roof, the Uniflex Elastomeric MB Base Coat and Uniflex WHT Elast FSH where recommended by the engineer of record for the project as it provides the best long-term durability to prevent further water and weather damage to the Mills Building. The materials will be applied by the OPS Roofing department to sections of the US Mills building to prevent further water damage to the facility.

This is a one-time purchase in the amount of $57,449.00.
 

Material	Quantity	Description	Price	Extended Price
KST04512 Uniflex Elastomeric MB Base Coat, Grey	1,015	5 Gallon Container	$28.15	$28,572.25
KST41300  Uniflex WHT Elast FSH	1,015	5 Gallon Container	$28.45	$28,876.75
				$57,449.00

Rationale:  FUND:   154      Title I
PROGRAM:  1100   Regular Instruction     
DEPT:   1061100     Boyd Elementary Instruction
SUPPLIER:   6590    Apple, Inc 
POLICIES:  7000, III. K., 7000, V. G.
AMOUNT:  $60,722.75

Administration recommends approval to purchase seventy-five (75) digital crayons, thirteen (13) ten packs of iPads, thirteen (13) ten packs of cases, one hundred (100) lighting to USB-C cables, one hundred (100) USB-C 20-watt power adapters and three (3) Apple TV boxes from Apple, Inc. These items will be used by Boyd Elementary students in the classrooms for daily instruction. The digital crayons empower students to write, draw, create, and learn on their iPads; the additional iPads will provide support for students who did not bring their iPads to school so that they do not miss out on instruction.  The adapters and cables are provided for charging and providing power to the iPads.  The Apple TVs are used to manage and share content from devices to classroom televisions. This is a one-time purchase utilizing Title I funds in the amount of $60,722.75.

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

PRODUCT	QUANTITY	UNIT PRICE	TOTAL COST
DIGITAL CRAYON	75	$49.95	$3,746.25
IPAD 10 PACK	13	$3730.00	$48,490.00
BLUE CASE 10 PACK	13	$349.50	$4,543.50
LIGHTNING TO USB-C CABLE	100	$17.48	$1,748.00
USB-C 20-WATT POWER ADAPTER	100	$17.48	$1,748.00
APPLE TVE RK WIFI + ETHERNET	3	$149.00	$447.00

For complete quote information contact Elizabeth.Knowlin@ops.org.

Rationale:  Fund:  176, Miscellaneous Federal Grants
Program:  1170, English Language Learners
Dept:  7198170, English As a Second Language
Project:  464923, Title III Limited English Prof
Supplier:  University of Nebraska Omaha (UNO)
Policies:  4035
Amount:  $63,180.00

In keeping with Policy 4035, Administration recommends approval of the UNO Bilingual Education Endorsement Program Memorandum of Understanding to offer Omaha Public Schools bilingual (Spanish/English) certified teachers and administrators the opportunity to earn their K-12 Bilingual Education Endorsement paid for through Title III EL grant funds. It is expected that participants will work three years in OPS after the completion of the program. The contract will be effective for one (1) year, from May 15, 2023 to July 30, 2024. The anticipated total cost to the District from Title III EL funds is $63,180.00 (12 credit programs; $4,212 per student; 15 participants). The Administration will maintain records of participants. 

Rationale:  Staff will provide an update on the work occurring to support the implementation of College & Career Academies and Pathways. The team from Benson High will share an update around their College & Career Pathway Programming and student experiences through a college and career continuum.

Rationale:  Administration and their consulting partners will provide an update on the development of the Environmental Sustainability Plan for Omaha Public Schools.

Rationale:  Policy 8120 stipulates the Board of Education shall cause policies and regulations  to be revised as necessary.  Administration will provide recommended changes to Policies 3410, 5418, 5423, 6000, 6110, 6114, 6115, 6116, and 6290.

3410 - Safe Driving Record Standard for Drivers
5418 - McKinney-Vento District Homeless Student Policy
5423 - Non-Service Animals in the School
6000 - General Policy Statement
6110 - School Instructional Hours
6114 - Emergencies (remove policy)
6115 - School Safety Drills and Emergencies
6116 - Emergency Dismissal or Cancellation
6290 - Dedications and Commencement

Rationale:  The Accountability Committee recommends that the Board of Education engage GR Recruiting to assist it with the superintendent search as set forth in the attached agreement.  The District issued a Request for Qualifications which resulted in multiple submissions.  Following review of the submissions, the Accountability Committee interviewed three firms and now recommends GR Recruiting.  GR Recruiting has more than 40 years of experience with superintendent searches.  As part of the engagement, GR Recruiting will organize and facilitate as many stakeholder engagement meetings as requested by the Board.  Gary Ray, Dick Christie and Lane Plugge will serve as the primary contacts for the District but the District will have access to any of GR Recruiting’s associates identified in its proposal which is also attached. The District will be responsible for advertising expenses as well as the travel and other related expenses for superintendent candidates it wishes to bring to Omaha for interviews. GR Recruiting will be paid a fee of $35,000 with a cap on its travel expenses.    

Rationale:  Administration will provide information regarding recommended changes to the Code of Conduct for the 2023-2024 school year.   

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:

LB 367 Conrad
Adopt the Fair Chance Hiring Act
Oppose-Letter

LB 238 Wayne
Include virtual school students in the state aid to schools formula
Monitor w/ Research

LB 475 Wayne
Adopt the Nebraska Education Formula and terminate the Tax Equity and Educational Opportunities Support Act
Oppose

LB 516 Walz
Provide and change powers and duties for the State Department of Education, Commissioner of Education, State Board of Education, and the state school security director, provide grants to school districts for security-related infrastructure projects, and provide grants to educational service units and local public
Support Letter

LB 522 Walz
Change provisions relating to poverty allowances under the Tax Equity and Educational Opportunities Support Act
Support Letter

LB 648 McDonnell
Provide powers and duties to the State Department of Education relating to the development of a workforce diploma program
Monitor w/ Research

LB 724 Vargas
Eliminate certain basic skill and content test requirements for eligibility for teaching certificates
Monitor w/ Research

LB 478 Wayne
Change provisions relating to the Nebraska Juvenile Code and education programs in state institutions that house juveniles, provide powers and duties to the State Department of Education and the State Board of education to establish an educational division responsible for the education of certain juveniles, and provide a termination date for the superintendent of institutional schools
Support

LB 518 Walz
Adopt the Reducing Education Risk Factors and Property Tax Relief Act and change provisions of the Tax Equity and Educational Opportunities Support Act
Support

LB 627 Bostar
Adopt the Free Student Meals Act
Support-Letter

LB 211 Blood
Adopt the Property Tax Circuit Breaker Act
Monitor w/ Research

LB 177 Erdman
Adopt the My Student, My Choice Act
Oppose

LB 332 Linehan
Prohibit creation of new joint public agencies with power or authority relating to education
Monitor w/ Research

LB 527 Fredrickson
Provide reimbursements to school districts and educational service units for mental health expenditures
Support-Letter

LB 774 Vargas
Change provisions relating to the Student Discipline Act
Oppose

LB 619 McDonnell
Prohibit assault on a public transportation driver and clarify provisions relating to assault on officers, emergency responders, certain employees, and health care professionals
Monitor w/ Research

LB 695 Linehan
Provide a property tax exemption
Oppose

LB 114 Vargas
State intent to appropriate funds to the Department of Health and Human Services for evidence-based early intervention home visitation programs
Support

LB 652 McDonnell
Appropriate federal funds to the Department of Health and Human Services
Monitor w/ Research

LB 653 McDonnell
Appropriate federal funds to the Department of Health and Human Services
Monitor w/ Research

LB 287 Brewer
Prohibit creation of joint public agencies under the Joint Public Agency Act
Monitor w/ Research

LB 540 Vargas
Change provisions relating to public lettings
Monitor w/ Research

LB 371 Murman
Prohibit an individual under nineteen years of age or under twenty-one years of age from being present at a drag show as prescribed
Oppose

LB 441 Albrecht
Change provisions relating to obscenity
Oppose

LB 369 Linehan
Change property tax provisions relating to net book value
Monitor w/ Research

LB 387 Linehan
Change provisions relating to income tax rates
Monitor w/ Research

LB 388 Linehan
Change provisions relating to sales taxes
Monitor w/ Research
 

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

Rationale:  In accordance with Performance Standards and the 2007 Head Start Act, the Board of Education will be presented with the Head Start Annual Report for Douglas County School District 001 2021-2022 school year. Head Start Act Sec. 644 (2) Each Head Start agency shall make available to the public a report published at least once in each fiscal year.

Rationale:  This document provides the Board of Education with monthly Head Start information for January 2023 regarding attendance and enrollment, meal counts, in-kind amounts, health requirements, policy council minutes, delegate reports, and program information summaries to maintain a communication structure to support oversight responsibilities as stated in Head Start Performance Standard 1301.2.

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:  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.