April 3, 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 Buena Vista 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 features District Spelling Bee champion David Dadabaev from Buffet Middle and runner-up Nesah Ahamad from McMillan Middle.

Rationale:  The Treasurer's Report for February 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:  Pursuant to Policy 7003, F.4., Administration and Jacobs, in keeping with long-standing practice, the Substantial Completion for Buena Vista High School for the athletics package is being submitted to the Board of Education for acceptance. The Athletic Package included: restrooms for stadium capacity, press boxes for each field, field lighting, softball and baseball dugout covers, and a fitness trail.

Contractor                                   Project                                   Completion Date
McCarthy Building Companies   Buena Vista High School:      March 1, 2023
                                                    Athletics Package

The completion date, as listed above, is the date of commencement of the one-year warranty period and is 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:  Pursuant to Policy 7003, F.4., Administration and Jacobs, in keeping with long-standing practice, the Substantial Completion for Westview High School for the athletics package is being submitted to the Board of Education for acceptance. The Athletic Package included: restrooms for stadium capacity, press boxes for each field, field lighting, and softball and baseball dugout covers.

Contractor                              Project                                  Completion Date
Sampson Construction          Westview High School:         March 1, 2023
                                               Athletics Package

The completion date, as listed above, is the date of commencement of the one-year warranty period and is 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:  FUND:     175 Covid Federal Grants
PROGRAM:  2620 Maintenance School/District Buildings
DEPT. ID: 7166600 Schoolhouse Planning         
SUPPLIER: Prairie Mechanical Corporation
POLICIES: 7000, III.K, 7000, VII.A, 7000, VII.D
AMOUNT:   $ 2,016,768.00

Administration recommends approval to Award Bid No. P005-23 to Prairie Mechanical Corporation to replace existing chillers, cooling towers, and hydronic systems at Ashland Park Robbins and Field Club Elementary. The work will include the removal of existing air-cooled condensers and replacement with induced draft counterflow cooling tower, removal of existing chillers and replacement with new water-cooled, rotary-screw water chiller, required structural supports, and associated piping, pumps, tanks, and accessories at each building, as indicated in project drawings.  A new mechanical enclosure will be constructed to house the new chiller and pumps at Ashland Park Robbins due to space requirements not being met in the existing boiler room. Alternate 1 is for an alternate cooling tower and structural support systems that may be required at Ashland Park Robbins to meet new mechanical screening code requirements. Alternate 2 is for an alternate cooling tower and structural support systems that may be required at Field Club Elementary to meet new mechanical screening code requirements. This project is funded under Pillar 3, Infrastructure for the Future, of the approved ESSERS plan.

The existing chilled water systems at both schools have reached the end of their useful service life and are no longer sufficient to meet the cooling demands of the buildings. Administration recommends awarding Bid No. P005-23 and the attached contract with Prairie Mechanical Corporation, the low-compliant bidder, for approval. Furthermore, staff requests conditional approval of alternates 1 and 2 as described above if determined required by the City of Omaha, pending the final City of Omaha plan review.  General Fund 1 will be used and reimbursed from Fund 175 Covid Federal Grants. The total price of the contract is $2,016,768.00, with both alternates included.

Bids received were:

Vendor	Base Bid	Alternate 1	Alternate 2
Elkhorn West	$2,282,500	$87,7000	$26,700
Mark VII	$2,500,000	$88,000	$16,900
MMC Contractors	$2,267,015	$29,423	$12,278
*Prairie Mechanical	*$1,999,900	*$28,200	*-$11,332

*Awarded low-priced item meeting specifications from a compliant bidder
                                                                            
For complete bid documentation, contact Barakat.Elshalaby@ops.org.

Rationale:  FUND:     42 - 2018 Bond Program Proceeds Fund
PROGRAM:  2591 - Buildings & Grounds
DEPT:     8860020 - Bluestem Middle School
PROJECT:  321518 - Bluestem Middle School: New Middle School Project
SUPPLIER: McCarthy Building Companies
POLICY:   7000, IV.G.
AMOUNT:  ($215,937.00)

Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, RDG Planning & Design, recommend that the following change order agreement be submitted for approval:

Project: Bluestem Middle School: New Middle School Project
Architect/Engineer: RDG Planning & Design
Contractor: McCarthy Building Companies
Fund: 42 2018 Bond Program  

 

RFP#	Type	Description	Type	Amount
PCO152	Arch.	Provide a credit for the unused contingency and allowances for the project that was included with the original GMP Amendments No. 001, 002, 003, 004, and 005.	Deduct	($215,937.00)

 

Total Amount of Change Order No. 001 - Deduct	($215,937.00)
Original Contract Amount	$95,000.00
Previously Approved Changes	$43,321,847.00
Change Order No. 001 - Deduct	($215,937.00)
Total Revised Contract Amount	$43,200,910.00
Amount Paid to Date	$39,391,315.49
Amount Remaining	$3,809,594.51

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 

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:  In keeping with the provisions of Policy 2300, Administration recommends that the Board engage Cline Williams Wright Johnson & Oldfather, L.L.P. ("Cline Williams") to assist the General Counsel in representing the District with respect to a Mandamus Order submitted by the Westside Community Schools and the Douglas County Treasurer relating to distribution by the Treasurer of Payments in Lieu of Taxes (PILOT).  Westside, along with the Douglas County Treasurer, submitted a proposed order to the District Court which includes language that directly affects the District’s rights to PILOT funds.  The District was not notified in advance of the proposed order and was not given the opportunity to defend its rights before the Court in the action.  Given certain time constraints, the General Counsel has authorized an initial filing by Cline Williams.  As such, Administration recommends that the engagement be retroactive to March 1, 2023. 

Rationale:  Per Board Policy 4120, the District annually seeks approval from the Board of Education to renew the contracts of probationary certificated employees for the next school year.  As such, the District recommends that the probationary certificated staff whose names appear on the attached list be re-elected for teaching, nursing, and administrative services respectively in the Omaha Public Schools for the 2023-2024 school year.   Employees completing their first or second year will be offered a probationary contract for the 2023-2024 school year.  Certificated employees completing their third year will be offered a tenured contract with the District. 

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:  42   Bond Proceeds 2018-4th Tranche
PROGRAM:  2591  Building Sites     
DEPT:    3630020  Buena Vista HS Facility
SUPPLIER:  2409    Sirius Computer Solutions, Inc.    
POLICIES:    7000, III. K., 7000, V. B.
AMOUNT:  $66,704.08

Administration recommends approval to purchase network switches, controllers, cabling and access points from Sirius Computer Solutions, Inc. for the Athletic Package for Buena Vista High School’s network. The purchase of this equipment supports connectivity to District resources for the athletic program for Buena Vista High School. In keeping with the provision of policy 7000, V.B., no bid was required for these purchases because the District utilized pricing from the State of Nebraska Contract number 15332-OC.

This is a one-time purchase in the amount of $66,704.08.

Rationale:  FUND:       155         Reimbursable Grants
PROGRAM:    1100        Regular Instruction
DEPT:       7192010     Elementary Education
VENDOR:     7734        Savvas Learning Company, LLC
VENDOR:     34055       Houghton Mifflin Harcourt
VENDOR:     6179        Cengage Learning
VENDOR:     13760       Textbook Warehouse, LLC
VENDOR:     2192        Greenwood Publishing Group, Inc.
VENDOR:     15646       Gibbs Smith Publisher
GRANT:      473124      Textbook Loan Program
POLICIES:   7000, V.A., 7000, VII.A., 7000, VII.D 
AMOUNT:     $204,912.07

Nebraska Revised Status § 79-734 requires the District to purchase textbooks for non-public schools upon request. Administration recommends approval to purchase 4,973 textbooks and digital resources from various suppliers for students attending non-public schools.  The non-public schools selected books from the District’s current curriculum selection. These materials were not bid as they fall under the Academic Prerogative exception of Policy 7000. Additionally, all textbooks are purchased using funds from the Nebraska Department of Education Textbook Loan Program and are 100% reimbursable. Monetary amounts from suppliers will be:  Savvas Learning Company, LLC is $100,059.62, Houghton Mifflin Harcourt will receive $66,275.66, Cengage Learning amount is $18,204,751.69, Textbook Warehouse will receive $9,636.50, Greenwood Publishing Group, Inc. will receive $5,855.40, and Gibbs Smith Publish will receive $4,332.90, for a total of $ 204,912.07.
 

SUPPLIER	TOTAL COST
Savvas Learning Company, LLC	$ 100,059.92
Houghton Mifflin Harcourt	$  66,275.66
Cengage Learning	$  18,751.69
Textbook Warehouse, LLC	$   9,636.50
Greenwood Publishing Group, Inc.	$   5,855.40
Gibbs Smith Publisher	$   4,332.90
Total Purchase	$ 204,912.07

This purchase is 100% reimbursable grant.

Rationale:  Administration recommends re-appointment of the following five (5) Trustees to the Omaha School Employees’ Retirement System Board of Trustees:  Dr. Cheryl Logan, Faith Johnson, Sharon Block, Spencer Head and Jane Erdenberger.  In addition, Administration recommends that Matthew Ray be appointed to serve as a Trustee, effective July 1, 2023, replacing Cheryl Logan.

Rationale:  Administration recommends approval of a Second Option Year Extension with Compass Group USA, Inc for vending services for District staff at the Teacher Administrative Center. The Board approved RFP 034-20 awarding Vending Services to Compass Group at the December 14, 2020, Board meeting and the original contract on February 1, 2021. The first extension was approved on August 15, 2022.  The second extension will continue to provide District Employees with the option to purchase food, beverage, and snacks at the employees’ expense. There is no additional cost to the District as this is an employee pay benefit.

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

Rationale:  Administration recommends approval of the attached Settlement Agreement with the Sarpy County Treasurer relating to the Underpayment of Payments in Lieu of Taxes (PILOT).  The Board previously authorized participation in litigation along with the Gretna Public Schools, Millard Public Schools and Springfield Platteview Community Schools against the Sarpy County Treasurer to recover funds which should have been paid to the four school districts from PILOT funds paid to Sarpy County by the Omaha Public Power District.  The parties participated in mediation before retired Sarpy County Judge Randall L. Rehmeier.  At the mediation, Sarpy County agreed to make each of the four school districts whole for the underpayment of PILOT funds.  As a result of the settlement, the District will receive a total of $214,536.10 paid over a period of five years commencing with 2023 and continuing through 2027 as follows: Omaha Public Schools Bond Fund - $38,114.86 per year; Omaha Public Schools Capital Purpose Undertaking Fund - $3,494.59 per year; Omaha Public Schools Building Fund - $1,297.77 per year.  The foregoing amounts are in addition to any other amounts the District normally would be due for PILOT payments each of those years.

Rationale:  Administration recommends approval of the International Baccalaureate (IB) Organization Statement of Acceptance for Lewis and Clark Middle School. IB World Schools are evaluated every five years and require a signed Statement of Acceptance. The Statement of Acceptance confirms that the Rules for IB World Schools, Assessment Procedures, Program Standards and Practices, and Rules for Intellectual Property are understood and followed by the District.  The agreement requires signatures from the Principal, Superintendent, and Board of Education.  

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

Rationale:  Administration has been in the process of undertaking systematic review of the District’s high school Science textbooks. As part of that process, the District issued Request for Proposal P021-22. Following the initial review of submissions, multiple textbooks, resources, and related materials were selected for field testing. Administration will present a summary of its findings and recommendations based on analysis of Science content and standards-aligned skills, teacher reviews, field testing, bias reviews, and community reviews consistent with the Curriculum Development Cycle. Upon Board approval of the recommendations, in keeping with the provisions of Policy 6121, and Policy 7000, Administration will present its final recommendations along with negotiated agreements with the selected vendors to the Board for approval at a future meeting.

Rationale:  The Chair of the OSERS Ad-Hoc Committee will provide an update.

Rationale:  The Chair of the Student Assignment Plan Committee will provide an update.

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 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 277 Brewer
Adopt the First Freedom Act and authorize the wearing of tribal regalia by students
Oppose Sec. 1-5
Support Sec. 6-8

Rationale:  This document provides the Board of Education with monthly Head Start information 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:  Head Start Performance Standard 1305.3 requires that each grant will determine community strengths and needs within the proposed service area. In accordance with the 2007 Head Start Act, the Board of Education will be presented with the Head Start Community Assessment.. The Community Assessment is a required document that is completed every five years and updated annually. 

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.