October 21, 2024 at 6:00 PM - Omaha Public Schools Board of Education and Educational Service Unit 19 Board Meeting
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A. OPS Board Of Education Information
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. |
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B. Call to Order
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C. Pledge of Allegiance
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D. OPS Vision and Mission Statement
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The Vision: Every Student. Every Day. Prepared for Success.
The Mission: To prepare all students for success in college, career, and life. |
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E. Roll Call
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E.1. Excused/Unexcused Absence
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F. School Spotlight
Rationale:
The #OPSProud Spotlight recognizes Sherrie Brownfield of Lewis & Clark Middle, named Health Teacher of the Year by SHAPE Nebraska.
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G. Board and Superintendent Communications
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G.1. Superintendent
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G.2. Board Members
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H. Public Comment and Recognition
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I. Consent Agenda
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At this time, any Board member may request that any item in the consent agenda be removed from the consent agenda and be considered and voted on separately.
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I.1. Reading of Minutes
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I.1.a. Monday, October 7, 2024 - Regular Meeting
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I.2. Approval of Agreement with Leading Educators to Provide Instructional Leadership Team Development ($158,878.00)
Rationale:
FUND: 174 Title I - Support for Improvement Grant
PROGRAM: 1100 Regular Instruction DEPT. ID: 7072002 School Improvement PROJECT: 962325 Beveridge MS; 960325 Bryan MS; 961625 King Science MS; 963125 Lewis & Clark MS; 960825 McMillan MS; 960925 Monroe MS; 963225 Morton MS; 963425 Nathan Hale MS; 961025 Norris MS; 963525 Marrs MS POLICY: 7000, IV.G. AMOUNT: $158,878.00 Administration recommends approval of the attached agreement with Leading Educators to provide instructional leadership team development to support implementation of Professional Learning Communities and principal coaching at 11 Comprehensive Support for Improvement (CSI) middle schools. The District is currently engaged in a strategic partnership with Leading Educators (LE) for professional learning for K-2 science of reading and grade level literacy instruction for its elementary Comprehensive Support for Improvement (CSI) schools. This proposal looks to extend and deepen the partnership with LE to include literacy improvement leadership for CSI Middle Schools through June 2025. The total amount is $158,878.00. The CSI Middle Schools include the following: Beveridge Middle Bryan Middle King Science Middle Lewis & Clark Middle McMillan Middle Monroe Middle Morton Middle Nathan Hale Middle Norris Middle Marrs Middle
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I.3. Approval of Change Order No. 003 for Highland Elementary School: Capital Improvements and Renovation Project – 2018 Bond Program – Deduct ($23,223.45) Revised Total: $1,296,417.34
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.G. AMOUNT: ($23,223.45) Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, Leo A Daly, recommend that the following change order agreement be submitted for approval: Project: Highland Elementary School: Capital Improvements and Renovation Project Architect/Engineer: Leo A Daly Contractor: Midwest DCM Fund: 42 2018 Bond Program
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I.4. Approval of Change Order No. 003 for Bid 23-060 Benson High School Addition
– (Deduct $81,894.57) Revised Total: $7,294,245.43
Rationale:
FUND: 1 & 175 General Fund reimbursed by COVID Federal Grants
PROGRAM: 2620 Maintenance School/District Buildings DEPT. ID: 7166600 Schoolhouse Planning SUPPLIER: Hausmann Construction, Inc. POLICIES: 7000, III.K., 7000, VII.D AMOUNT: ($81,894.57) Pursuant to Policies 7000, IV. G., Administration and Jacobs with the concurrence of the project architect/engineer, Holland Basham Architects, recommend that the following change order agreement be submitted for approval: Project: Bid 23-060 Benson High School Addition Architect/Engineer: Holland Basham Architects Contractor: Hausmann Construction, Inc. This work is funded utilizing ESSER Funds under Pillar 3. Hausmann Construction is the responsible offeror whose proposal is most advantageous to the District with price and other factors included.
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I.5. Approval of Claims Report A - District Expenditure
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Expenditures are presented to the Board for approval in the form of a Claims Report. Claims Report A is a listing of all District expenditures and are organized and presented to the Board by which fund the expenditure is being made from (e.g. General Fund, Bond Fund, etc.).
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I.6. Approval of Claims Report B - Expenditures from Various Student Activity Funds for which the Board Serves as Custodian
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of funds for which the District serves as custodian. Expenditures are presented to the Board for approval in the form of a Claims Report. Claims Report B is a listing of expenditures from the various Student Activity Funds for which the Board serves as custodian.
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I.7. Approval of Claims Report C - Expenditures on behalf of Board Members or their Related Organizations
Rationale:
Board Members are prohibited by Nebraska law from voting on items which may personally benefit them. Expenditures which may personally benefit individual Board Members are presented to the Board for approval in the form of a separate Claims Report in order to permit those Board Members to abstain from voting on items which may personally benefit them. The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Claims Report C is a listing of expenditures that may relate to individual Board Members or Organizations that employ them.
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I.8. Approval of Claims Report D - Payroll Expenditures
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Payroll expenditures are presented to the Board for ratification in the form of a Claims Report. Claims Report D is a summary of payrolls processed and is presented by payroll and pay date.
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I.9. Approval of Claims Report E - Payroll Estimated Expenditures
Rationale:
The Board of Education is required by State Statute 79-584 to approve all expenditures of District funds. Payroll expenditures are presented to the Board for ratification in the form of a Claims Report. Claims Report E is an estimation of payrolls to be processed prior to the next Board meeting and is presented by payroll and pay date. Board authorization is requested for amounts not to exceed the totals in the Claims Report.
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I.10. Approval of Educational Service Unit No. 19 Claims - Expenditures to be Paid from Education Service Unit's Funds
Rationale:
The Board of Education serves as the Board of Educational Service Unit 19. The Board of Educational Service Unit 19 is required to approve all expenditures of District funds as well as funds for which the District serves as custodian. Expenditures are presented to the Board for approval in the form of a Claims Report. Educational Service Unit No. 19 Claims Report is a listing of all expenditures to be paid from the Education Service Unit's funds.
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I.11. Approval of Omaha School Employees Retirement System Claims - Expenditures to be paid from the OSERS's Funds
Rationale:
In keeping with the provisions of Nebraska Revised Statute section 79-981, the Board of Education is responsible for the transaction of OSERS’ business, including approval of expenditures of OSERS’ funds. The Administration recommends approval of the attached claims to be paid from OSERS’ funds.
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I.12. Committee on Claims Audit Approval 10/21/2024
Rationale:
State Statue 79-584 requires the Secretary to the Board of Education to audit all accounts of the Class V school district and to submit that audit to the Board of Education Audit Committee for review and approval. The objective of the audit is to obtain and review sufficient claim documentation to determine the risk of material misstatement. The audit methodology is set forth on the Claims Audit Report.
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I.13. Approval of Contract with Agencies for Special Education Services for the 2024-2025 School Year ($2,475,069.00)
Rationale:
Funds: 1, 153 General Fund, Special Education - IDEA
Department: 7194010 Special Education Administration Programs: 1231, 1234, 1235,1236, 1270, 3103- Nursing Services, Nonpublic Therapists, Nonpublic Teachers, Tuition to Agencies Project: 461024, 461025 - IDEA Base/EP Grant Policy: 7000. K. Amount: $2,475,069.00 Administration recommends approval of the attached annual Special Education Services contracts. Every year, 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. This is the eighth set of agency contracts going to the Board of Education for approval for the 2024-25 school year and is part of the District's annual practice. 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. Attached you will find: a service provider rate sheet, contracts and a contract cost sheet for your review for contracts that exceed or may exceed $50,000. The contract rate sheet includes NDE approved rates for services that need to be purchased by Omaha Public Schools from outside agencies that will provide special education services to students ages birth-21. The contract cost sheet includes the agency, address, type of service the agency provides, the estimated number of students that receive services from that agency and 2024-25 contract rate. The sheet includes an estimate of the total cost for special education services provided by contract agencies. The rates and contracts are budgeted for within the 2024-25 school year. Per their agreement with Omaha Public Schools, all providers must receive NDE approval to provide special education and related services. The total cost to the District for this group is estimated to be $2,475,069.00 and is an allowable reimbursable special education expenditure.
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I.14. Approval of Contract for Bid No. 24-055 HVAC at Burke High School Stadium Improvement Project to Prairie Mechanical Corporation, Fall of 2024 ($218,430.00)
Rationale:
FUND: 31 Special Building Fund
PROGRAM: 2510 Business Support Services DEPT. ID: 7166600 Schoolhouse Planning SUPPLIER: Prairie Mechanical Corporation POLICIES: 7000, IV. C, AMOUNT: $218,430.00 Administration recommends approval of the contract with Prairie Mechanical Corporation for heating, ventilation, and air-conditioning (HVAC) system improvements for the Burke High School Stadium Improvements project. The work includes all Heating, Ventilation, and Air Conditioning work required during the upgrade and expansion of existing restrooms, addition of new storage, upgrade of ticket sales booth, upgrade of concession booth, and construction of new press box. Attached is the contract for this portion of the Burke Stadium project that was awarded to Prairie Mechanical Corporation at the September 5, 2024, Board meeting. Prairie Mechanical’s work is scheduled to be completed by March 1, 2025. The total price of the contract is $218,430.00
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I.15. Approval of Expenditures Under Board Policy 7000 V. c. to Address Mold Concerns at JP Lord ($221,446.53)
Rationale:
On August 14, 2024, District Operations notified the Superintendent of a potential emergency exception to Board Policy 7000 V. c. due to mold at JP Lord. Due to mold concerns within the school and the sensitive nature of the students served, the District has spent $156,073.73 under Board Policy 7000 V. c. and projects to spend another $65,372.80 in the near future.
These expenses include a contract with CRDN, an emergency response contractor, to completely clean the building and remove all mold for $111,188.21. Additionally, the District contracted with Atlas Group ($2,473.75) to conduct air testing to identify mold and AeroTech ($797.68) to analyze the air and surface samples. As the primary concern identified was high humidity levels, an additional contract was entered into with Serv-Pro, an emergency response contractor specializing in water damage, to provide immediate dehumidification to the building to reduce the opportunity for mold growth. The current cost of this work is $40,014.09, with an additional $63,772.80 projected over the next several weeks as we continue dehumidification while addressing the concerns in the HVAC system that is allowing the high humidity. The District also contracted Trane Technologies to conduct an immediate diagnosis of system performance and repair an ERV motor for $1,600.00. The District continues to work with Alvine Engineering, the design engineer for the system at the time of construction, to ensure that we have fully addressed all issues and provide adequate redundancy for systems to ensure a safe learning environment for students. The work is projected to cost $18,000.00.
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I.16. Approval of Expenditures Under Board Policy 7000 V. c to Storm Damage at Bryan Middle School ($783,602.46)
Rationale:
On July 31, 2024, District Operations notified the Superintendent of a potential emergency exception to Board Policy 7000 V. c. due to an evening wind storm that included straight-line winds over 90 miles per hour. This storm caused significant damage to Bryan Middle School, which had to be addressed immediately to protect the facility from further damage and prepare the school for staff reporting the next day. Currently, the District has spent $40,602.46 to weatherproof the damaged roof and address storm damage on the interior of the building under Board Policy 7000 V. c. and is currently working with Travelers Insurance Company to address the projected $743,000.00 required roof repair and damaged light replacement. These expenses include a contract for Independent Roofing to temporarily weatherproof the roof in the amount of $38,489.35 and Waldinger Corporation was engaged to remove debris ($2,113.11). The roof and lighting replacements are pending the claim review process for this property insurance claim at Travelers Property Insurance Co.
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I.17. Approval of Expenditures Under Board Policy 7000 V. c. to Storm Damage at Lewis and Clark Middle School ($651,968.83)
Rationale:
On July 31, 2024, District Operations notified the Superintendent of a potential emergency exception to Board Policy 7000 V. c. due to an evening wind storm that included straight-line winds over 90 miles per hour. This storm caused significant damage to Lewis and Clark Middle School, which had to be addressed immediately to protect the facility from further damage and prepare the school for staff reporting the next day. Currently, the District has spent $33,968.83 to weatherproof the damaged roof and address storm damage on the interior of the building under Board Policy 7000 V. c. The District is working with Travelers Insurance Company to address the projected $618,000.00 required for roof repair and gym floor replacement. These expenses include a contract for Independent Roofing to temporarily weatherproof the roof ($5,218.83) and Big A Demo to remove the damaged gym floor and prep the area for a new gym floor installation ($28,750.00). Both the roof replacement and the gym floor replacement are pending the claim review process for this property insurance claim at Travelers Property Insurance Co.
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I.18. Approval of Expenditures Under Board Policy 7000 V. c. to Storm Damage at Westview High School ($181,928.31)
Rationale:
On July 31, 2024, District Operations notified the Superintendent of a potential emergency exception to Board Policy 7000 V. c. due to an evening wind storm that included straight-line winds over 90 miles per hour. This storm caused significant damage to Westview High School, which had to be addressed immediately to protect the facility from further damage and prepare the school for staff reporting the next day. Currently, the District has spent $40,466.31 to weatherproof the damaged roof and address storm damage on the interior of the building under Board Policy 7000 V. c. The District is working with Travelers Insurance Company to address the projected $141,461.96 required for gym floor replacement. These expenses include a contract for Independent Roofing to patch damaged areas of the roof ($21,515.28), Waldinger Construction to replace the damaged rooftop unit (RTU) rain hood and exhaust hood ($15,101.03), Lift-All to provide a hoist for the required inspections and work ($1,850.00) and Atlas Group to assess and measure the water damage to the gym floor ($2,000.00). The partial replacement of the gym floor is pending the claim review process for this property insurance claim at Travelers Property Insurance Co.
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I.19. Approval of First Amendment to Land Lease Agreement with Qwest Corporation, a Colorado Corporation f/k/a US West Communications, Inc., for Lease Renewal at Communications Facility - Burke High School from May 2, 2024, through May 1, 2034
Rationale:
Per Policy 7000, VII A. Administration recommends approval of the First Amendment to Land Lease Agreement with Qwest Corporation, a Colorado corporation f/k/a US West Communications, Inc., for the leased communications facility at the northeast corner of 12200 Burke Street (Burke High School frontage road). This Amendment provides an extension of the terms of the Lease for a period of 10 years with one additional option to renew the term of the Lease. This 10-year term runs from May 2, 2024, through May 1, 2034. The yearly rent due to the District in the extension is $3,696.45 and will increase every 5 years using the Consumer Price Index. The Board approved the original lease on May 18, 1996.
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I.20. Approval of Proposed Staffing Adjustments
Rationale:
Policy 4001 and 4035 require that the election of employees shall be by action of the Board of Education upon recommendation of the Superintendent or designee. Additionally, Policy 4008 requires that the Chief Human Resources Officer process all retirements, resignations, cancellations, contract amendments and terminations of employment making a recommendation for appropriate action to the Superintendent and Board of Education. Therefore, the District recommends the approval of the attached Staffing Adjustments.
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I.21. Approval of the Subscriber Agreement with O'HARA, LLC from November 1, 2024, to October 31, 2027
Rationale:
FUND: 4035 - Workers' Compensation Fund
PROGRAM: 2510 - Business Support Services DEPT: 7043400 - District Risk Management SUPPLIER: OHARA LLC POLICIES: 7000, III.K. and 7000 VII.A. Administration recommends approval of the attached contract with O'Hara. O'Hara is the District's current Managed Care Provider for Workers' Compensation. O'Hara is the main entity by which OPS employees report work-related injuries or illnesses and manages treatment and follow-up services. Pursuant to Polices 7000, III.K. and 7000 VII.A. Administration recommends approval of the contract for services through October 31, 2027.
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J. Discussion and/or Action Items
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J.1. Information Item(s)
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J.1.a. 2023-2024 Behavior and Discipline Report
Rationale:
Administration will provide an overview of the disaggregated suspension and expulsion data for the 2023-24 school year. The presentation includes a discussion of Multi-tiered Systems of Support for Behavior (MTSS-B) and next steps for the behavior support and response process. A preliminary version of this report was discussed at the July 15, 2024 Board of Education meeting.
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J.1.b. Update to Policy 6300
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. The Policy Committee will provide recommended changes to the following policies:
6300 - Selection and Review of Instructional and Library Materials
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J.2. Action Item(s)
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J.2.a. First Reading of Policies 1010, 5001, 5201, 5419, 6010, 6110, 6113, 6200, 6270
Rationale:
Policy 8120 stipulates the Board of Education shall cause policies and regulations to be revised as necessary. The Policy Committee will provide recommended changes to the following policies:
1010 - Visiting Schools 5001 - Admission Requirements 5201 - Promotion and Retention 5419 - Parent, Guardian, and/or Educational Decisionmaker Involvement and Student Privacy Protection Policy 6010 - Scope of Instruction 6110 - School Instructional Hours 6113 - Parental/Guardian Access to the Schools - DELETE (6113 has been combined with 5419 Parent, Guardian, and/or Educational Decisionmaker Involvement and Student Privacy Protection Policy included above) 6200 - Objectives of the Instructional Program 6270 - School-Sponsored Field Trips, Non-Routine Trips and Non-School Sponsored Trips
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K. Receipt of Reports
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K.1. 2023-2024 Behavior and Discipline Summary Report
Rationale:
Rationale: The purpose of this report is to present information pertaining to discipline data for the 2023-24 school year. Portions of this data were presented in the July 2024 Board of Education meeting.
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L. Request for Closed Session
Rationale:
The Omaha Board of Education is authorized by state statute to hold closed sessions. Closed sessions may be held when clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual. Reasons that meet this standard include but are not limited to: (a) strategy sessions with respect to collective bargaining, real estate matters, pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body; (b) discussion regarding deployment of security personnel or devices; (c) investigative proceedings regarding allegations of criminal misconduct; (d) evaluation of the job performance of a person when necessary to prevent needless injury to the reputation of a person and if such person has not requested a public meeting; and (e) legal advice.
Explanation
At this point, it is appropriate for the Board to meet in closed session for one of the stated matters and/or any other permissible closed session matters in compliance with the law. That the Board hold a closed session: 1. For strategy session with respect to negotiations/collective bargaining clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. 2. For strategy session with respect to property/real estate matters clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
3. For strategy session with respect to pending litigation, or litigation which is imminent as evidenced by communication of a claim or threat of litigation to or by the public body clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
4. For discussion regarding deployment of security personnel or devices clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
5. For investigative proceedings regarding allegations of criminal misconduct clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
6. For personnel and the evaluation of job performance clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law.
7. For discussions of the legal consequences of specific action and legal advice clearly necessary for the protection of the public interest or for the prevention of needless injury to the reputation of an individual in compliance with the law. |
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M. Adjournment
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