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Regular Meeting
Berkeley USD
January 13, 2016 5:45PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:45 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:45 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 


2. Closed Session Public Testimony
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

3. Closed Session
Quick Summary / Abstract:

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

3.1. Request for Record Expungement (Ed Code 48917(c)/48918)Was edited within 72 hours of the Meeting
3.1.1. Case #1516-02-051898
3.2. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
Speaker:
Evelyn B
3.2.1. Suspension of Classified Employee #8855
Time Certain:
6:00 PM
Speaker:
Evelyn Bradley
3.2.2. Settlement Agreement with Classified Employee #4504
Speaker:
Delia Ruiz
3.3. Collective Bargaining: Lead Negotiator: Legal Counsel Roy Combs BCCE Negotiations (Government Code Section 54957.6(a))
3.4. Worker's Comp Claims (Government Code Section 54961)
3.4.1. Intercare Claim #15-082442
4. Call to Order - 7:30 PM
5. Report on Closed Session
6. Approve Regular Meeting Agenda of January 13, 2016
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. will be given priority.        

Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

8. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
Rationale:

Unions

Berkeley Federation of Teachers (BFT)

Berkeley Council of Classified Employees (BCCE)

Union of Berkeley Administrators (UBA)

Local 21


 
9. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
Rationale:

Committees

BSEP Planning & Oversight Committee

Berkeley Arts Steering Committee (BAESC)

Measure I Construction Bond Oversight Committee

Parent Advisory Committee (LCAP)

District EL Advisory Committee

PTA Council

Audit Committee


 
10. Board Member and Superintendent Comments
Quick Summary / Abstract:

Board members and the Superintendent are given the opportunity to address any issue.  

11. Consent Calendar - approval requested
11.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE: January 13, 2016
SUBJECT: Approval of Human Resources Report

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Report listing employment actions for the Board to approve officially.  Please refer to attached Certificated and Classified reports.






 
Recommended Motion:
Approve Human Resources Reports.
Attachments:
Certificated Personnel Report
Certificated Personnel Report
Classified Personnel Report
Classified Personnel Report
11.2. Approval of Tentative Agreement with the International Federation of Professional and Technical Engineers, Local 21, for Reopener Agreement Was edited within 72 hours of the Meeting
Quick Summary / Abstract:


Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE: January 13, 2016
SUBJECT: Approval of Tentative Agreement with the International Federation of Professional and                              Technical Engineers, Local 21, for a Reopener Agreement

BACKGROUND INFORMATION:
The District and the International Federation of Professional and Technical Engineers, Local 21, are parties to a collective bargaining agreement that contains a reopener provision. On December 4, 2015, representatives for the District and Local 21 reached a Tentative Agreement (TA) on provisions covered under the reopener. Staff has been informed that the Local 21 membership has ratified the terms of this agreement.

Under the terms of the attached Tentative Agreement, the parties have agreed to the following:

  • Effective July 1, 2015, unit members employed for the 2015-2016 school year shall receive a four percent (4%) on-schedule increase to all rates and schedules;
  • Effective January 1, 2016, an ongoing increase to the District’s contribution to health benefits by the equivalent of one percent (1%) increase in compensation of Unrestricted General Fund divided by the total number of bargaining unit members enrolled in the District’s health benefits for Employee Plus One and Employee Plus Two or More.  The parties agree that one percent (1%) equates to $95/month increase to the District's contribution for Employee Plus One and Employee Plus Two or More.
  • Compensation of at least five percent (5%) for unit members who have been authorized to perform duties in a higher classification ("Working out of Classification").

POLICY/CODE:
California Government Code Section 3547 and Board Policy 4143.1 and 4243.1

FISCAL IMPACT:
Refer to AB1200 Disclosure

STAFF RECOMMENDATION:
To Approve Tentative Agreement







 
Attachments:
Tentative Agreement BUSD Local 21 Revised 011316 SIGNED
11.3. Acceptance of Gifts and Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE:         January 13, 2016 
SUBJECT: Acceptance of Gifts/Donations
 

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board.  The following donations have been presented to the District:

  1. Various parents donated $13,430 to partial pay for 5th grade field trip for Berkeley Arts Magnet Elementary School.
  2. MLK PTA donated $1,000 to partial pay for lifeguard; $4,000 for noon supervision; $3,250 for student activities director, $2,500 for teacher hourly substitutes and $3,385 for computers for a total donation of $14,135 for King Middle School.
  3. Oxford PTA donated $5,850 to partially pay for performing arts workshop and $545 for materials and supplies for a total donation of $6,395 for Oxford Elementary School.
  4. Public Allies donated through the MLK PTA, $11,200 to partially support the services provided by the Bay Area Community Resources for King Middle School.
  5. Dorian Photography donated $22.63 for Longfellow Middle School and $604.90 for Malcolm X Elementary School to be utilized as needed for a total donation of $627.53.
  6. City of Berkeley donated an ambulance valued at $5,000 for to be used for vocational training for the EMT class for the Berkeley Adult School.
  7. Silicon Valley community Foundation donated $1,000 to be utilized as needed for Jefferson Elementary School.
  8. Berkeley Public Schools Fund donated $5,500 for the Equal Roads’ identity-safe literacy program in conjunction with UC Berkeley’s BUILD literacy mentors program for the BUSD library services; $2,000 to be utilized as needed for Rosa Parks Elementary School and $691.88 to be utilized as needed for Malcolm X Elementary School for a total donation of $8,191.88.
  9. Adobe donated $350 to be utilized as needed for Malcolm X Elementary School.
  10. Network for Good donated $47.63 to be utilized as needed for Malcolm X Elementary School.
  11. Schoola donated $31.60 to be utilized as needed for Malcolm X Elementary School.
  12. Philanthropic Ventures Foundation donated $500 for communication materials and supplies for students for Rosa Parks Elementary School.
  13. Biotech Partners donated $3,000 to set up a chapter of the National Society of Black engineers (NSBE) for Berkeley High School.
  14. Wells Fargo Community Support Campaign donated $2,500 to purchase physical education equipment for Malcolm X Elementary School.
  15. Growing Leaders donated $17,155 to partially fund Instructional Specialist-Cook and $5,405 for Instructional Specialist-Garden position for a total donation of $22,560 for Willard Middle School.
  16. BHS Student Body Association donated $651 to cover kitchen staff overtime for Berkeley High School.
  17. BAM PTA donated $6,420 for outdoor educational field trip for Berkeley Arts Magnet Elementary School.
  18. Jefferson PTA donated $210 for bus transportation for field trip for Jefferson Elementary School.

BOARD POLICY:
BP 3290 

FISCAL IMPACT:
The District received a total $89,829.24 in donations.

STAFF RECOMMENDATION:
Accept the donations to the District and request staff to extend letters of appreciation.




 
11.4. Approval of Master Contract for Non-Public Agencies for the 2015–2016 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:         January 13, 2016
SUBJECT:  Approval of Master Contract for Non-Public Agency for the 2015-16 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.  

Non Public Agency

FTE

Estimated Total Cost

My Therapy CO., LLC

2 FTE

163,200.00

TOTAL


$163,200.00

                

POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $163,200.00 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic Agency listed above.





 
11.5. Approval of Master Contracts for Non-Public Schools for the 2015-2016 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           January 13, 2016
SUBJECT:     Approval of Master Contracts for Non-Public Schools for 2015-16 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available. For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. Transportation costs are included in special education transportation budget. 

All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

Non Public Schools

# of Students

Estimated Total Cost

Star Academy

1

$70,066.00

Stars High School

1

$10,052.00

TOTAL


$80,118.00

 

POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $80,118.00 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the  Master Contracts for the Nonpublic Schools listed above.







 
11.6. Approval of Contracts/Purchase Orders for Services
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         January 13, 2016
SUBJECT:  Approval of Contracts/Purchase Orders for Services

BACKGROUND INFORMATION:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget.

  1. Contract with Exploring New Horizons to provide an outdoor education program at the Sempervirens Campus in Bolder Creek, California for the Berkeley Arts Magnet students for the period from 2/1/16 – 2/5/16. The cost will not exceed 19,404. To be paid from Restricted Donations. Requested by Rene Molina.
  2. Contract with Abrams and Associates to provide traffic consulting services to Facilities to explore future project on the Berkeley High Tennis Courts during the 2015/16SY. The cost will not exceed $25,000. To be paid for by Measure AA. Requested by Timothy White.
  3. Ratification of contract with Lenesha Butts Toney, to provide STRS/PERS consultant services as Payroll Analyst for the District for the period from 12/17/15 – 3/25/16. The cost will not exceed $15,000. To be paid from General Fund. Requested by Nicole Caldwell.
  4. Increase to contract, PO#160269 to R H Tinney to provide HVAC Services as needed by the Maintenance Department for the 2015/16 SY.The Board approved $15,000 on 09/30/15.The additional amount will increase the purchase order by $10,000 for a total amount of $25,000.To be paid from Measure H.Requested by Steve Collins.
  5. Ratification of contract with USA Shade & Fabric to provide manufacturing and installation of 2 awnings at King Middle School Dining Commons. The cost will not exceed $11,050. To be paid from Measure BB. Requested by Timothy White. 

POLICY/CODE:
Public Contract Code: 20111
Board Policy 3310

STAFF RECOMMENDATION:
Approve the contracts with Consultants or Independent Contractors as submitted.





 
11.7. Approval of Agreement with EPIC Consulting as District Broker of Record for Health and Welfare Insurance
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evens Ed.D. Superintendent
FROM:         Kimberle Sanders, Risk Manager
DATE:          January 13, 2016
SUBJECT:   Approval of Agreement with EPIC Consulting as District Broker of Record for Health and
                    Welfare Insurance

BACKGROUND INFORMATION: 
For the past six years, Epic Consulting has provided broker and consulting services to the District to support employee benefit vendor marketing and management and provide consulting services to the Health Benefits Department. 

EPIC Consulting was re-selected through an RFP process issued in October of 2015.  Four Agencies responded to the RFP and two, including EPIC, where invited to interview with the members of the District’s joint labor management benefits cost containment committee (HBCCC). After the interviews, the HBCCC members unanimously voted to keep EPIC as the broker of record, and the District agreed with the selection.

Staff is requesting the Board approve a new contract with EPIC for two years beginning January 15, 2016 with an option to extend an additional three years.  EPIC has provided excellent service to the HBCCC committee and Health Benefits Department.  Under the new agreement, EPIC will provide the following services:

Scope of Work

Average Expected Annual Hours

Strategic Planning, Plan Fiscal Risk Mgmt:

Includes managing renewal, vendor selection, implementation, funding alternatives and plan designs, utilization analysis and internal underwriting  Since the district’s enrollment with Kaiser is at 92%, many carriers will the District’s options are limited. As such, CalPERS or SISC as our two viable options. These estimated hours include managing the renewal and implementation to CalPERS or SISC for January 1, 2017 or 2018, if the District chooses to join either option. Vendor marketing and selection could include Health, Dental, Vision, Third Party Billing and EAP services. Participating in joint labor management benefits committee meetings.

540

Client Management & Ongoing Admin Services:

Develop and maintain annual service calendar with key dates and actions items, including preparation of open enrollment package, vendor management and issue resolution, review contracts for accuracy, develop and maintain annual service calendar with key dates and action items, notify of material changes to carrier plans, network or financial position.  The District pays directly for the copying of open enrollment packages and announcements

276

Communication Planning/Education

Communication objective setting and strategy development, custom and branded materials and campaigns for open enrollment and other needs.

 

48

Benefits Customer Support/EE Support Services

Employee help desk, facilitate resolution of enrollment/eligibility issues, benefit and claims questions, tracking and reporting of employee, provider, benefit and claims issues.

 

48

Wellness Program

Strategize and assist with ongoing wellness program.

60

Compliance/Legislation Advisory Services

Advise on current and future federal, state and local mandated regulations, Affordable Care Act, (ACA), Section 125, COBRA , HIPAA, etc.

18

Total Hours

990

   

FISCAL IMPACT:
The annual consulting fee will continue at $120,000* per year from January 2016 to December 2020 from the District's General Fund.
*2016 will be $115,000 due to a prorated month in January 2016
*If the District moves to CalPERS or SISC, the fee will reduce to $72,000/year beginning January 2017 or subsequent year. 

STAFF RECOMMENDATION:
Approve the firm of EPIC Consulting as the District's Consultant and Broker of Record for two years beginning January 15, 2016 with an option to extend for three additional years. 





 
11.8. Ratification of Contract with Bay Area Community Resources (BACR)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans Ed.D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          January 13, 2016
SUBJECT:   Ratification of Contract with Bay Area Community Resources (BACR)

BACKGROUND INFORMATION:
Bay Area Community Resources (BACR) has previously provided fiscal and program management services to the JAZ After-school program for  Fiscal Years 2010-11 through 2014-15. In June 2015, the Board approved a new vendor based on staff’s recommendation. In accordance with the memorandum of understanding (MOU), the District issued a 90 day notice on 9-14-15 due to concerns that the new vendor’s program did not fully meet the requirements MOU agreement as well as concerns about service. After the 90 day period lapsed, Staff attempted to address concerns with the vendor and sign a new agreement for them to continue services. The vendor decided not to enter into a new agreement with the District. 

Staff is requesting that the Board ratify an agreement with Bay Area Community Resources (BACR) as the afterschool provider and fiscal agent for Jefferson Elementary after-school program effective January 6, 2016. BACR will begin providing services to the JAZ program beginning January 27, 2016 and ending June 30, 2016. BACR is the best choice due to their experience with the JAZ program and ability to efficiently transition current staff, if interested, and assign new staff to the program. The Principal and After-school Program Supervisor will be a part of the interview panel and provide input to BACR on staff selections. The Principal, After-school Program Supervisor and Deputy Superintendent will meet quarterly to provide program and fiscal oversight as done in prior years. The District will issue a request for proposals (RFP) in the late Spring for Fiscal Year 2016-17. The RFP process will include communication and updates with the JAZ parent community.

BACR has been providing afterschool program services for over two decades. They currently operate programs at 32 schools in Oakland and Richmond, 6 schools in San Rafael, 12 schools in San Francisco and 3 schools in East Palo Alto. BACR is the fiscal sponsor for over 40 schools in San Francisco and West Contra Costa County. BACR is also the District’s vendor for mental health services.

POLICY/CODE:
N/A

FISCAL IMPACT:
BACR will be receiving a 10% administrative fee of approximately $22,000 annually based on parent fee revenue. This is the same administrative percentage agreed upon in prior agreements. 

STAFF RECOMMENDATION: 
Staff is requesting Board approval to ratify contract with Bay Area Community Partnerships effective January 6, 2016 to June 30, 2016.









 
11.9. Approval of REALM Lease Agreement for 2016-17
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:        January 13, 2016
SUBJECT:  Approval of REALM Lease Agreement for 2016-17

BACKGROUND INFORMATION:
On June 9, 2010, the Board approved the charter to operate the REALM middle and high charter schools. REALM Charter has been in operation for five years. REALM High School uses the District's property in accordance with an "in-lieu of Proposition 39 Agreement". REALM Middle School is housed in a private facility. 

Proposition 39 was written to ensure that all public school students share equally in district facilities. A charter school is considered a public school. Proposition 39 was passed by California voters in 2000 and included a reduction in the threshold for the state or a local school district to pass a facilities bond from two-thirds to fifty-five percent. In exchange, charter school students were to be given equal access to district facilities, if charters are able to meet certain eligibility requirements.

The law serves to ensure "that public school facilities should be shared fairly among all public school pupils, including those in charter schools." Proposition 39 requires school districts to make "reasonably equivalent" facilities available to charter schools upon request.

Prior to the passage of Proposition 39, charter law permitted charter schools to use, at no cost, school district facilities which the district was not using for instructional or administrative purposes or which were historically used as rental properties. Districts sporadically complied with this permissive law and charter schools' access to adequate facilities became one of their biggest challenges.

In 2003, Proposition 39 imposed a mandatory duty on school districts to provide their charter school students facilities that are "reasonably equivalent" to those used by non-charter students within the district.

In order to be eligible for facilities under Proposition 39, charter schools must provide "reasonable projections" of their average daily attendance (ADA) of at least 80 in-district students. In-district students are those students who could attend a district school if they had not chosen to enroll in the charter school.

The regulations implementing Proposition 39 set forth specific requirements for making a facilities request to a district. In addition to meeting the eligibility requirements, there are a variety of dates that must be met for a charter school to preserve its right to district facilities. Operating schools and schools planning to open must submit facilities requests to their district by November 1.

REALM Charter schools chose not to request facilities under proposition 39 due to the projection of their in-district student attendance to be less than 80 for both schools. REALM Charter High School is requesting the Board to approve a new “in lieu of Proposition 39 agreement” for the continued use of the West Campus facility for fiscal year 2016-17. This agreement includes REALM Charter Schools waiving their rights to request facilities under Proposition 39 for the next five years. The new agreement will include a rental charge of $3 per square foot in addition to the continued charge for maintenance and operations. REALM Charter Middle School will continue to be housed at a privately-owned facility. 

POLICY/CODE:
Education Code section 47604, 47604.32, 47604.33, 47605(g), 47605(m), 47613(d).

FISCAL IMPACT:
The District will charge $3 per square foot for a total square footage of 31,326. The total rental fee for REALM Charter High School is $93,978 for fiscal year 2016-17. REALM will vacate the premises at the end of fiscal year 2016-17. The rental charge will be in addition to the maintenance and operation cost that is included in the annual Fiscal MOU with the REALM Charter Schools of approximately $180,000.

STAFF RECOMMENDATION
Approve the “In Lieu of Proposition 39” Agreement with REALM charter schools for fiscal year 2016-2017.  




 
Attachments:
Facilities Agreement with REALM Charter
11.10. Approval of Architect for the Cragmont Painting and Flooring Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Director of Facilities

DATE:         January 13, 2016

SUBJECT:  Approval of Architect for the Cragmont Painting and Flooring Project

BACKGROUND INFORMATION:

On March 12, 2014, the Board approved the Facilities Plan which included a project to upgrade the flooring and paint at Cragmont Elementary School. 

 

In considering the candidates from the architect pool, and based on the positive feedback for the Cragmont Solar and Roofing project completed last summer, the Director of Facilities recommends that HY Architects be hired for this project.

POLICY/CODE:

Board Policy 3310. 

FISCAL IMPACT:

The cost for Cragmont paint and flooring not to exceed $25,000 to be paid from Measure AA.   

STAFF RECOMMENDATION:

Approve HY Architects to design the project.    





 
11.11. Approval to Accept the Exterior Painting Project at Longfellow Middle School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Ed.D, Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         January 13, 2016

SUBJECT:  Accept the Completion of the Project to Paint the Exterior of Longfellow Middle School

BACKGROUND INFORMATION:
On May 20, 2015, the Board awarded a contract to Seven Island Painting to paint the exterior of the Longfellow Middle School. The project is complete. 

Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention.    

POLICY/CODE:
California Public Contract Code 20110-20118

FISCAL IMPACT:

The project was funded through the Measure I Bond. The project had change orders of $6,938.31 or 4% above the Board approval. We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION:
Accept the project as complete.






 
Attachments:
Resolution 16-018
11.12. Approval to Accept the Cragmont Roofing and Solar Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Ed.D, Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         January 13, 2016

SUBJECT: Accept the Completion of the Project to Replace the Roof and Install Solar Panels at Cragmont Elementary School

BACKGROUND INFORMATION:
On March 11, 2015, the Board awarded a contract to Stronger Building Services to replace the roof and install solar panels at the Cragmont Elementary School. The project is complete. 

Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention.    

POLICY/CODE:
California Public Contract Code 20110-20118

FISCAL IMPACT:
The project was funded through the Measure AA Bond. The project had change orders of $19,693.85 or 2% above the Board approval. We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION:
Accept the project as complete.

  





 
Attachments:
Resolution 16-017
11.13. Approval to Discontinue Planning Process for Portables at Thousand Oaks
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:            Donald Evans, Ed. D., Superintendent
DATE:             January 13, 2016
SUBJECT:    Approval to Discontinue Planning Process for Portables at Thousand Oaks

BACKGROUND INFORMATION: 
On June 24, 2015, the Board voted to adopt staff's recommendation to proceed with the planning process for portables at LeConte and Thousand Oaks, but to discontinue the planning process for portables at John Muir.  The recommendation to continue the process for portables at Thousand Oaks and LeConte was based on the possibility that portables would be needed at those sites to address increased enrollment in the elementary schools in 2016-17, and that locating portables at those sites would be feasible and cost-effective.  The recommendation not to proceed with the planning process for portables at John Muir was based on staff's view that portables at that site would not be necessary to address increased enrollment, and it would therefore be costly and unnecessary to continue with the planning process at that site.

Based on historic trends and ongoing enrollment estimates, our Admissions Office is confident that the District will not need portables at Thousand Oaks for the 2016-17 school year.  We therefore recommend that the Board direct staff to discontinue the planning process for portables at Thousand Oaks and notify the Thousand Oaks community of this decision.  Although we will have more specific numbers in February when the initial enrollment period ends, we do not recommend waiting until February to discontinue the planning process, because we are likely to incur significant expense in the meantime.  Because we will not need portables at that site, we should stop the process now so as to avoid incurring any more expenses.

We will continue to proceed with the planning process for two portables at LeConte, as the Board approved at the June 24, 2015 meeting.  Staff believes that LeConte is a more conducive and cost-effective site for portables, which the Board has approved as a “bridge” to a long-term plan to address increased enrollment in the District.  The Board approved the exploration of up to four portables at the LeConte site given the possible need, but we currently believe that a maximum of two will be necessary.

POLICY/CODE:
N/A

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Discontinue the planning process for portables at Thousand Oaks and notify the Thousand Oaks community of this decision.

 


 
11.14. Approval of Consultant to provide Roofing Design Services for Projects at Berkeley High School C Building, Thousand Oaks, Longfellow
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO: Donald Evans, Ed. D., Superintendent
FROM: Timothy White, Director of Facilities
DATE: January 13, 2016
SUBJECT: Approve Contract with Skyline Engineering to Provide Roofing Design Services for Thousand Oaks, Longfellow, and BHS Building C Roofs

BACKGROUND INFORMATION: 
The March 2014 Facilities Construction Plan included roofing replacement projects for Thousand Oaks ES, Longfellow MS, and Berkeley High School Building C for summer 2016. It is time to hire a designer for these projects. Skyline Engineering  has designed several roof replacements in the District with success and staff recommends hiring them for a project to include all three sites. Thousand Oaks ($30,000), Longfellow ($30,000) and BHS Building C ($25,000).

POLICY/CODE: 
Board Policy 3310

FISCAL IMPACT:
The cost for design for roofing replacement at Thousand Oaks, Longfellow and BHS Building C of $85,000 to be paid from Measure I.

STAFF RECOMMENDATION:
Approve Skyline Engineering to design the aforementioned project. 




 
11.15. Approval of Preschools Participation in the Quality Counts Program to Receive Grant and Reward
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent                       
FROM:           Maria Carriedo, Principal, Early Childhood Education
Patricia Saddler, Director, Programs and Special Projects
DATE:            January 13, 2016
SUBJECT:     Approval of Preschools Participation in the Quality Counts Program
to Receive Grant and Reward                                   

BACKGROUND INFORMATION: 
The District Preschools applied for the First 5 Alameda County Quality Counts program which is a Quality Rating and Information System. It is a method to assess, improve and communicate the level of quality in early care and education settings. The purpose of Quality Counts is to improve the quality of early care and education so that more children with high needs are attending quality programs. 

Quality Counts includes:

  • A tiered rating system based on programs meeting specific standards with requirements that increase as programs rise through the tiers;
  • Training and support for programs to assess and improve the quality of their program; and
  • Information for parents to help make early learning program choices.

The quality standards that Alameda County Quality Counts participants are assessed against are determined by the California Quality Continuum Framework that includes quality standards in three core areas:

  1. Child Development and School Readiness: Child Observation and Developmental & Health Screenings
  2. Teachers and Teaching: Minimum Qualifications for Lead Teacher/Family Child Care Home (FCCH) and Effective Teacher-Child Interactions: CLASS Assessments
  3. Program and Environment: Ratios and Group Size, Program Environment Rating Scales (ECERS-R), and Director Qualifications

Each participating agency receives a free assessment of every eligible site’s program practices in each core area. This assessment includes Environmental Rating Scale (ERS) and Classroom Learning, Assessment and Scoring System (CLASS) assessments completed by an independent observer as well as a review/validation of information provided in a Quality Counts portfolio. This assessment informs the program’s quality improvement efforts. After receiving an initial quality rating, rating are tiers 1 to 5, participating agencies receive a Roadmap which lists the next steps required to maintain or increase their tier rating.

To participate in Quality Counts this year will allow us to receive the maximum grant amount only this year. In 2015 only, CSPP programs may receive both quality rewards and quality improvement grants. After 2015, CSPP programs will be eligible to receive either a Quality Reward (Tiers 4 and 5) or a Quality Improvement Grant (Tiers 1, 2 and 3).

What kind of grants and rewards can CSPP programs in Quality Counts receive?

Possible grants, rewards and resources are based on a site’s QRIS rating.

A site with a rating of High Quality (Tier 4 or 5) will receive:

  • An annual Quality Reward based on enrollment of children receiving a CSPP subsidy. Quality Rewards for sites whose ratings are completed by November 2015 are estimated at.
  •  Tier 4 -- A $200 base reward plus an additional $881 for each full day CSPP enrolled child.
  • Tier 5 – A $200 base reward plus an additional $983 for each full day CSPP enrolled child.
  • For children enrolled in part-day CSPP programs the Quality Reward calculation will be adjusted to .6172 of the full day rate.
  • An annual $350/teacher professional development stipend for teachers who complete 21 hours of qualifying professional development.
  • A one-time only Quality Improvement Grant for each CSPP classroom to be used for materials, facilities, professional development or technology.
  • An annual training allocation for professional development aligned to the site’s quality goals.

Quality Assessment and Rating of Sites Participating agencies/programs will:

• Be rated on the Quality Continuum Framework, which includes allowing the Quality Counts Rater to make a site visit to validate information or documents needed for certain elements of the Quality Continuum Framework.

• Meet with the Quality Counts Navigator and Site Supervisor(s) (if agency has multiple sites) to learn about each site’s rating results based on Quality Continuum Framework.

• Create a Quality Counts Agency Plan. Plans will be developed based on an existing Quality Improvement Plan, an existing Quality Counts Roadmap, and the needs compiled from the staff assessment forms, site-specific goals, and overarching agency goals. (If participating agency is a single-site agency with an existing Quality Improvement Plan, this document will function as the Agency Plan.)

• Develop a Quality Improvement Plan (QIP) in collaboration with Quality Counts staff, or independently if needed, for each site.

• Participate in recommended quality improvement activities to accomplish QIP goals within a 2- year period (based on a site’s rating). This may entail site staff meeting with a Quality Counts coach/consultant on a regular basis for a minimum of two hours per meeting. Frequency will be determined based on individual needs and may range from weekly to quarterly.

• Agree to allow independent assessors associated with Quality Counts to observe/assess selected classrooms/the FCC site.

Grant Management: Quality Counts Training Allocation Participating agencies/programs will:

• Use Training Allocation funds to offer professional development hours, in alignment to Quality Counts Agency Plan, to participating staff. Participating QRIS rated sites will receive consultation from the Quality Navigator when necessary.

• Coordinate and/or facilitate sufficient training opportunities to enable all enrolled staff to attain 21-hours of professional development.

• Maintain accurate and detailed documentation of all spending in accordance with grant reporting protocol detailed in Quality Counts Agency Binder. If the expenditures exceed the funding amount allocated, agency is liable for overage expenses.

• If agency is fiscally managed, comply with payment request protocol as detailed in Quality Counts Agency Binder.

• Maintain accurate documentation of all hours earned by enrolled staff. 

Grant Management: Quality Improvement Funding Allocation Participating agencies/programs will:

• Use Quality Improvement Funds to cover materials, facilities, technology and/or leave time for participating classrooms.

• Maintain accurate and detailed documentation of all spending in accordance with grant reporting protocol detailed in Quality Counts Agency Binder. If the expenditures exceed the funding amount allocated, agency is liable for overage expenses.

• If agency is fiscally managed, comply with payment request protocol as detailed in Quality Counts Agency Binder. Quality Counts Conference

• Support coordination of the Quality Counts Conference – March 5, 2016 at Chabot College, Hayward, CA.

Additional Requirements Participating agencies/programs will:

• Sign a Memorandum of Understanding (MOU), assuring that each participating site will remain in operation for the two year duration of participation in QRIS.

• Agree to be rated every two years.

• Allow final ratings to be published.

• Provide First 5 Alameda County (F5AC) with self-reported race/ethnicity/language information for the site staff and children enrolled at the ECE site. Children’s names will NOT be attached to this information; however, per state data entry requirements, teachers’ names will be used with said self-reported information. All teacher and child data will be maintained according to applicable confidentiality standards and are never shared as part of the site’s rating

• Annually submit additional information on the educational level of staff, sites and children.

• Carry a minimum of $300,000 general liability insurance, with First 5 Alameda County and Alameda County listed as additional insured for the entire duration of the Block Grant Program term. Insurance must be purchased on an annual basis and submitted to First 5 Alameda County. 

The maximum grant award for 2015 is $200 per child, plus $881 for each Full Day child and $545.77 for each Part Day child, a total of $353,340.48 for all sites scoring a four. In addition, each participating class will receive the quality improvement grant of $1,750 per class. The grant for 2016 will decrease and we will not receive the improvement grant.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the District’s intent to participate for the Quality Counts grant and reward to improve our early childhood education program.







 
11.16. Approval of NCLB Supplemental Services Memorandum of Understanding
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
Patricia Saddler, Director of Programs and Special Projects
DATE:        January 13, 2016
SUBJECT:  Approval of NCLB Supplemental Services Memorandum of Understanding

BACKGROUND INFORMATION: 
NCLB has  required that schools in year two and above of Program

Improvement must provide Supplemental Educational Services, which are tutoring and other academic enrichment services that are (1) in addition to instruction provided during the school day; (2) specifically designed to (i) increase the academic achievement of eligible students as measured by the State’s assessment system and (ii) enable these children to attain proficiency in meeting State academic achievement standards; and (3) of high quality and research-based. Additionally, the district is offering Supplemental Educational Services to year 1 Program Improvement schools in lieu of school choice if requested.

There are eight schools in BUSD that are in year two and beyond of Program Improvement and three schools that are in year one of Program Improvement. Only students from low-income families are eligible for Supplemental Educational Services, and families must choose a provider from a list provided by CDE. The District must set aside up to 20% of its Title I allocation to pay for these tutoring services.

The per pupil allocation for 2015-2016 is estimated to be $734.52 as determined by the federal government. The per pupil amount is the maximum fee that a service provider can charge for their tutoring services for the current school year.  The per pupil allocation is determined annually and subject to change.

Staff is now requesting Board approval of Memorandums of Understanding with three CDE approved supplemental service providers that have been selected by parents to provide services to qualified students in schools in Years 1 through 5 of Program Improvement. These outside providers are Berkeley BUILD, Sylvan, and Professional Tutors of America Inc.

The following table identifies the maximum number of students to be served by each of the indicated service providers for 2015-16.

Provider

Maximum number of students served

Per Pupil Allocation (PPA)*

Maximum contract amount

Berkeley BUILD

75

$734.52

$55,089.00

Professional Tutors of America, Inc.


45


$734.52


$33,053.40

Sylvan

80

$734.52

$58,761.60

Approximate totals


200


$734.52


$146,904.00


*the Per Pupil Allocation is subject to change based on CDE updates.

POLICY/CODE:
NCLB 2001, Section 1116

FISCAL IMPACT:
Up to $146,904.00 from Title I Funds

STAFF RECOMMENDATION:
Approve NCLB Supplemental Services Memorandum of Understanding



 
11.17. Approval of Overnight Field Trip Requests
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         January 13, 2016
SUBJECT:    Approval of Overnight Field Trips

BACKGROUND INFORMATION:
The following overnight field trips are being requested:

Sempervirens Outdoor School, Santa Cruz, CA-February 1-5, 2016

Approve participation of sixty-four fifth grade students, 2 teachers and no other adults from Berkeley Arts Magnet Elementary School on a five-day, four-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups.  The group will depart Berkeley Arts Magnet Elementary School at 9:00 a.m. on Monday, February 1st, and return on Friday, February 5, 2016 at 1:30 pm.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature.  BUSD will provide transportation.  Students will sleep in gender specific cabins on the grounds.  While there is no cost to the students, the cost of $308.00 per student will be paid for fundraising, scholarships and parent donations.  No student will be denied access based on inability to pay. Requested by Rene Molina, Berkeley Arts Magnet principal

Camp Arroyo, Livermore, CA-February 3-5, 2016

Approve participation of sixty-four fourth grade students, three teachers and six other adults from Jefferson Elementary on a three-day, two-night field trip to Camp Arroyo in Livermore, CA.  The group will depart from Jefferson on Wednesday, February 3rd, at 10:00 a.m., and return Friday, February 5th, at 2:25 p.m.  Through a series of hands-on activities, students will increase their understanding of and respect for ecology and the environment. Activities will support the Life and Physical Science curriculum.  Students will sleep in gender specific cabins.  BUSD will provide transportation.  The cost of $185.00 per student is being paid by fundraising, grants, PTA and parent donations.  No student will be denied access based on inability to pay. Requested by Sonya Martin, Jefferson Principal.

Sempervirens Outdoor School, Santa Cruz, CA-April 18-22, 2016

Approve participation of eighty fifth grade students, three teachers and no other adults from Thousand Oaks School on a five-day, four-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups. The group will depart Thousand Oaks at 8:30 a.m. on Monday, April 18th, and return on Friday, April 22, 2016 at 3:00 p.m..  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature.  BUSD will provide transportation.  Students will sleep in gender specific cabins on the grounds.  While there is no cost to the students, the cost of $395 per student will be paid by fundraising, BPEF and parent donations.  No student will be denied access based on inability to pay. Requested by Jennifer Corn, Thousand Oaks principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel and overnight field trips consistent with the District policies and instructional programs.



 
11.18. Approval of Out-of-State Travel Requests to New York
Quick Summary / Abstract:


Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         January 13, 2016
SUBJECT:   Approval of Out-of-State Travel Requests to New York

BACKGROUND INFORMATION:
The following out-of-state travel is being requested:

15th Annual Coaching Institute, New York, NY-January 24+-27, 2016

Approval for Susan Hodge, Jeanie Wang, Joal Arvanigian, and Simone Miller to attend the The Teachers College Writing and Reading Project Coaching Institute in New York, NY. The Teachers College Reading and Writing Project’s 15th Annual Coaching Institute provides Support Schoolwide Reform in the Teaching of Writing. This intimate and intensive institute will offer educators the chance to explore TCRWP’s Units of Study in Writing with a specific emphasis on using learning progressions and rubrics to ratchet up the level of writing instruction, as well as to ensure school-wide consistency and growth. Participants will learn how to support a wide-spectrum of teachers, differentiating support with powerful methods of staff development. Participants will also learn how to help their teachers provide individualized, responsive instruction based on solid evidence of what their students can do and are ready to learn. Registration, transportation, lodging and meals for this training is funded by the General Fund-K-8 Directors. Requested by: Maggie Riddle

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel and overnight field trips consistent with the District Policies and instructional programs.




 
11.19. Approval of Proposed Committee Assignments for 2016
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 9, 2015
SUBJECT: Proposed Committee Assignments for 2016

BACKGROUND INFORMATION: 
Board participation on the various committees, workgroups and schools serves to create and maintain a collaborative relationship between the District and the community while supporting Board policies and mutual objectives. 

In 2015 Board members served on the following committees and workgroups:

  • 2x2
  • Audit
  • BSEP Planning & Oversight
  • BTSA
  • Construction Bond Oversight Committee 
  • District English Language Advisory Committee/English Language Parent Advisory Committee (DELAC/ELPAC)
  • Measure H/Maintenance Oversight Committee
  • Parent Advisory Committee (PAC)
  • Policy Committee
  • PTA Council
  • Student Attendance Review Board (SARB)
  • Superintendent Budget Advisory Committee
  • Alameda County School Boards Association
  • BSEP Renewal Planning Workgroup
  • Cesar Chavez Commemorative Workgroup
  • Next District Strategic Plan Workgroup
  • Restorative Justice/School Climate Committee
  • 2020 Vision Leadership Team

For 2016, the attached assignments to committees are being proposed. 

POLICY CODE: 
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the proposed committee assignments for 2016.




 
Attachments:
2016 Board Member Committee Assignments
11.20. Approval of Board of Education Minutes for November 4, 2015
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education
Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-6206

Official Minutes
November 4, 2015

President Appel called the meeting to order at 7:42 p.m. She reported that the Board convened to Closed Session at 6:00 p.m. 

Roll Call: 7:35 p.m.
Board of Education:
Judy Appel, President – Present
Beatriz Leyva-Cutler, Vice President – Present
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director – Present
Ty Alper, Director – Present
Angelo Paraiso-Arroyo, Student Director, BHS – Absent
Alaunte Keys, Student Director, BTA – Absent

Administration:
Donald E. Evans, Ed.D, Superintendent
Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
Delia Ruiz, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION

President Appel reported out on Closed Session:

Conference with Legal Counsel--Pending Litigation (Government Code Section 54956.9)  
PERB Case NO. SF-CE-3027-E: Brian Crowell v. Berkeley Unified School District 

The Board conferenced with legal counsel on this matter; no action was taken.

Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator Legal Counsel Roy Combs) BCCE, Local 21 and BFT Negotiations

The Board did not discuss this item.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Director Hemphill, Information Item 14.1, Admissions Residence Verification Report, was moved to Discussion.

Motion to approve Regular Meeting Agenda as amended by Director Hemphill:
Leyva-Cutler/Hemphill and unanimously approved 5-0

PUBLIC TESTIMONY

A total of four people addressed the Board:

Seth Marso, Addie Nordague, and Molly Dick spoke on behalf of students in Independent Studies and asked that important information relative to grades, college application deadlines and other district events be communicated to BIS students as it is communicated to BHS students.

Sally Roberts spoke in favor of the REALM Charter petition renewal.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Alper announced his office hours: Last Sunday of the month 3pm-4:30 pm at Casa Latina

Director Daniels said he attended a meeting led by Lisa Graham and thanked everyone who participated. After discussing disproportionality at the last Board meeting, he shared an article that reported that two thirds of African Americans born between 1975 and 1979 who did not receive a high school diploma have been incarcerated at least once in their lives. He added that aside from being sobering, this statistic provides some urgency to what the District is trying to accomplish with respect to disproportionality. Office hours: Nov. 21st at Take One Café at 1:30 PM.

Director Hemphill announced that the Berkeley Education Research Symposium will be holding a symposium on research conducted by teachers and UC Berkeley covering African American student achievement and exploring socio-psychological factors including classroom environment and peer pressure, as well as overall school climate at 6 pm at Longfellow on Friday. She also announced that the 5th Annual MLK Day Breakfast will be on January 18 at 7pm at His Lordships. This event will recognize both middle and high school students who exemplify Martin Luther King’s dreams, values and leadership. Office hours: Fourth Saturday of the month at 10 AM at Café Leila.

Vice President Leyva-Cutler thanked the BIS students for eloquently addressing the Board and said she is looking forward to hearing a follow up action plan in response to the students' concerns. She shared that she was invited to a library reading where she read to a fourth grade class. She reported that she attended a special education meeting at Rosa Parks and said she is looking forward to future meetings. She also attended last night's DELAC meeting, and, earlier today, visited an ethnic studies class at BHS and expressed interest in exploring how to expand this subject beyond one semester. Office hours: Thursday, November 12 from 4:30 pm to 6 pm at Casa Latina.

President Appel recognized the leadership of Lisa Graham as the new director of the Special Education Department.  Office hours: Saturday, November 21at Mo’joe Cafe from 1pm to 3pm

Superintendent Evans reported that the Parent Advisory Committee (PAC) held a great meeting on Monday. He announced that he and Director Beery gave a BSEP presentation at the Rotary Club. He also announced that BREA will be hosting the Return of BUSD Research Symposium on November 6th at 5:30.

CONSENT CALENDAR
Motion to Approve Consent Calendar:
Alper/Leyva-Cutler and unanimously approved 5-0

DISCUSSION ITEMS

Charter Petition Renewals for  REALM Middle School and REALM High School  
REALM Charter Director Victor Diaz presented the successes of REALM High School and REALM Middle School. His presentations highlighted REALMs academic progress and organizational budget.

Public Hearing on Charter Petition Renewals for REALM Middle School and REALM High School (8:15pm)
A total of 19 people, including parents, students, faculty and staff, addressed the Board with respect to this matter. Questions and discussion followed.

Common Core State Standards (CCSS) Math Update
Ana Delgado K-5 math coach, Rebecca Burke (6-9), Nicole Nagamman (9-12), Gideon Goldman, Erin Shwang, Mike Whites, Nikia Barret, and Michelle Sinclair presented the CCSS implementation at the elementary, middle school and high school levels. At each level, they displayed teacher collaboration plans, and their plan to employ Board approved funds for the math department. Questions and discussion followed.

EL Master Plan and Progress Support / EL Coaching Resources
Pat Saddler, Director of Special Projects, and Diederich Bonemeyer, TSA TK-8, provided an update on the English Learners Master Plan. Their presentation displayed goals, criteria for English language development, and support staff throughout the District, as well as next steps. Questions and discussion followed.

Motion to extend open session to midnight:
Appel/Alper and approved 4 to 1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – No
Ty Alper, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Absent
Alaunte Keys, Student Director, BTA – Absent

Admissions Residence Verification Report  
Director Hemphill expressed concerns relative to possible disproportionality in the way address verification is conducted. Francisco Martinez, Admissions Manager,  walked the Board through the process whereby his office approves or denies inter-district permits; he also explained the reason current inter-district permits were approved. Questions and discussion followed.

Director Alper recommended that this item be revisited at a subsequent Board meeting in order to allow the Board to provide the policy subcommittee with direction regarding the enrollment policy.

President Appel proposed that the Board have a conversation after having seen the drafted enrollment policy and at that same time also discuss possible amnesty. 

ADJOURNMENT
President Appel adjourned the meeting at midnight. 


 
11.21. Approval of Board of Education Minutes for November 18, 2015Was edited within 72 hours of the Meeting
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education
Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-8764

Official Minutes
November 18, 2015

President Appel called the meeting to order at 7:45 p.m. She reported that the Board convened to Closed Session at 5:35 p.m.

Roll Call
Board of Education:
Judy Appel, President – Present
Beatriz Leyva-Cutler, Vice President – Present
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director – Present
Ty Alper, Director – Present
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Present

Administration:
Doanld E. Evans, Ed. D, Superintendent
Javetta Cleveland, Deputy Superintendent
Pasqiale Scuderi, Assistant Superintendent, Educational Services
Delia Ruiz, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION

President Appel reported out on Closed Session: 

1. Conference with Legal Counsel--Pending Litigation (Government Code Section 54956.9)  

Workers Compensation Claim/Case #10BSD0001  

Motion to accept staff recommendation on this matter: 

Daniels/Appel and approved 3-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Not present for this vote
Josh Daniels, Director – Yes
Ty Alper, Director – Not present for this vote

2. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)

Suspension of Classified Employee #9900

Motion to modify staff recommendation to suspend employee #9900:

Leyva-Cutler/Appel and approved 4-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – Yes
Ty Alper, Director – No

3. Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator Legal Counsel Roy Combs) BCCE, Local 21 and BFT Negotiations
 
The Board received an update on this matter. No action was taken.

4. Conference with Real Property Negotiators Government Pursuant to Government Code Section 54956.8

District Negotiator: John Yeh, Legal Counsel; Negotiating Party: REALM Charter; Property: 1222 University; Under Negotiation: Charter Renewal.

The Board received direction on this matter. No action was taken. 

District Negotiator: David A. Soldani, Legal Counsel; Negotiating Parties: City of Berkeley; Property: 1231 Addison; Under Negotiation: Price and Terms for Facility Use.

The Board received direction on this matter. No action was taken.

5. Superintendent's Evaluation (Government Code Section 54957)

Motion to approve the Superintendent evaluation tool for the 2015-16 school year:
Alper/Hemphill and unanimously approved 5-0

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Director Daniels, Action Item 12.1, Request for Additional Bus Driver and One-Time Funding for the Transportation Department, was moved to the Consent Calendar.

Motion to approve the regular meeting agenda as amended by Director Daniels:
Leyva-Cutler/Hemphill and unanimously approved 7-0

PUBLIC TESTIMONY

A total of 29 people addressed the Board:

21 people addressed the Board in response to the racist threat at BHS.

Three people spoke in support of the bilingual program at Thousand Oaks.

Two parents spoke on behalf of students on the BHS basketball team.

One person addressed BUSD administration.

Two NAACP representatives spoke on behalf of parents, students and employees who have filed complaints against BUSD.

UNION COMMENTS

Paula Phillips, Berkeley Council of Classified Employees (BCCE), President
In light of the hate crime at BHS, Phillips addressed the Board on behalf of the African American staff at BHS who also have expressed feeling unsafe. She referenced the neon green safety procedure document, saying that it is outdated. She acknowledged that there is much healing that needs to take place. She added that everyone should be safe and no one should be afraid to come to work or come to school on December 9th. Phillips also requested that the parents who have been assigned as gatekeepers on December 9th at BHS be removed.

Cathy Campbell, Berkeley Federation of Teachers (BFT), President
Campbell acknowledged and thanked the community members for coming out. She referenced a writer's perspective on struggle, saying that is an opportunity for BUSD to model it with unity and solidarity. She advocated for a series of forums on December 9th and echoed Phillips' comments on the need for healing.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Paraiso-Arroyo said that the way BUSD and high school administration and staff have responded to this incident is demonstrative of their commitment to the students and the community. He shared that in his classrooms, addressing the needs and feelings of the students with respect to the racist threats has taken precedence over curriculum. He thanked the members of the community for coming out to speak and taking initiative in supporting the young people that will follow in their footsteps.

Director Keys thanked everyone for coming and addressing the Board. He said that students should feel safe at school and expressed hurt and disappointment with regards to how the December 4 incident has been handled.

Director Alper thanked everyone for coming out and expressed appreciation for the leadership of Dr. Evans and Principal Pasarow. He acknowledged the student directors' words and said that all of our students' voices are critical. He commended the students who, on December 5th, spoke loudly, clearly and eloquently about institutionalized racism at BHS and in BUSD. While he doesn't agree with every word against the District, he said he certainly validated the pain and the impact of white privilege. Schools cannot fix all of the problems, he added, but they can do their part and said he was proud to be part of a team who is clearly committed to this effort. Office hours: Last Sunday of every month, 3:00pm-4:30pm at Casa Latina.

Director Daniels thanked all who came out tonight. He said that in the past week he has had the opportunity to speak with teachers, staff, students, families and colleagues about this incident. He shared that what he has heard consistently is the hurt and the pain from this particular experience, as well as the history in Berkeley, that produces a call to action, to which BUSD is truly committed. Despite our best efforts as a District, he acknowledged we have not lived up to the needs of our community. We are committed, he added, to ensure that our students not only feel safe, but are safe. He reiterated some of the words articulated by community members that stood out: “Get on it”, “Step up”, “We have work to do”, and “There’s a lot of healing that needs to take place”. Office hours: Saturday, November 21, 1pm at Take One Café.

Director Hemphill expressed feeling bothered that any student would find it okay to post such a hateful threat. She added that students know when they are treated unfairly and notice the difference in treatment in comparison to their counterparts. She said the response to this incident is simply the beginning. While she is not sugar coding or lessening the severity of it, she said this is just an isolated incident that is being supported by a lot more going on at the school. She shared that among the District’s efforts to respond, they have reached out to the NAACP and to black ministers to make this more of a community issue rather than just a school issue. She also attested to the deep effect this has had on the Superintendent, who from the moment he found out, responded by going to the high school and standing by our students in support and solidarity.

Vice President Leyva-Cutler thanked all who came out speak and said she listened carefully and feels the pain. In thinking about this incident, she added that we need a policy on bias and bigotry. She asked that a policy be implemented and expressed support for community forums where input is received relative to next steps. She added that the student demonstration was peaceful and indicative of how together we are more powerful than the one person who authored the hateful threat.

President Appel said she could not put herself in the shoes of the African American community, but said she really listened and heard all of the pain expressed by the community tonight. It was truly a gift, she said, to have had the opportunity to listen. She expressed interest in continuing this dialogue without the formalities of a Board meeting. She also said she was proud of all of our students, African American or otherwise, for the ways they responded. She assured everyone that she takes leadership very seriously and accepted responsibility for what took place.

ACTION ITEMS

Math Adoption for Common Core

Michelle Sinclair, Coordinator of Professional Development presented the evaluation process by which math adoption was conducted. An approval was made to continue using Eureka Math K-8 (A Story of Units and A Story of Ratios) through the school year of 17-18. She reported that the Curriculum Evaluation Committee will reconvene to assess and review newer products or options in spring of 2017. 

Motion to adopt the Eureka Math K-8 (A Story of Units and A Story of Ratios)
Common Core Math:

Alper/Hemphill and approved unanimously 6-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – Yes
Ty Alper, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – Excused at 9:40pm

DISCUSSION ITEMS

Ed Priorities Green Paper #3: Support for Teaching and Learning

Superintendent Evans introduced this as the third of a series of three papers.

Assistant Superintendent Scuderi added that this final paper details the support for teaching and learning. He reported that he had a great meeting with K-5 principals this morning where he shared this paper. He encouraged people to read the actual paper. Questions and discussion followed.

Motion to extend the meeting to 11:15pm:
Appel/Hemphill and unanimously approved 6-0 

Board of Education's Evaluation of 2015
President Appel expressed that she loved serving as Board president and highlighted some of the District's accomplishments of 2015. The highlights included adopted policies, transitioning to Agenda Online, Board approved hires, reached agreements with teachers and staff, work around LCAP, investment in family engagement and common core. 

Discussion followed as Board members weighed in on some of the successes and challenges of 2015.

Board members and staff alike commended Appel for her leadership and exemplary commitment to the students of BUSD.  

ADJOURNMENT

President Appel adjourned the meeting at 11:15 p.m.






 
12. Action Items
12.1. African American Town Hall Meeting Follow-Up
Quick Summary / Abstract:


Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Board of Education
FROM:             Donald Evans, Ed.D., Superintendent
DATE:              December 7, 2015
SUBJECT:       African American Town Hall Meeting Follow-Up

BACKGROUND INFORMATION: 
On November 4, 2015, there was racial threat directed towards African American students and staff at Berkeley High School. The threat to their lives indicated that harm would be done to our students/staff on December 9th. Members of the community came to the Board on November 18th to address this immediate threat and the broader issue of racism and its impact on our students and our community. 

On December 7, as a follow-up to these issues and concerns, the district collaborated with Parents of Children of African Descent (PCAD) to plan a Town Hall meeting on December 7th.

That meeting generated a rich array of input from the community that resulted in suggestions and requests for commitments from the District to better safeguard the physical, emotional, and educational interests of our African-American students. 

On December 9, a list of demands designed to address the issue of racism on campus, was presented to the Board by the Black Student Union (BSU).

The Superintendent, and representatives of the Board and PCAD collectively reviewed both the student demands and the input the community provided on December 7.

Subsequently, the Superintendent, in consultation with his district leadership team and with representatives from PCAD, have reviewed the input from the community and tonight propose a clear set of efforts and commitments to the Board and the community.

FISCAL IMPACT:
TBD

STAFF RECOMMENDATION:
Approve the short term measures and appoint an advisory oversight committee to monitor and ensure implementation of the proposals.









 
13. Discussion Items
13.1. Update on Local Control and Accountability Plan (LCAP) Intervention Programs for Secondary Students: AVID, Bridge and BHS Intervention Coordinator
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:            Pasquale Scuderi, Assistant Superintendent, Educational Services
Patricia Saddler, Director of Programs and Special Projects
Debbi D’Angelo, Director of Research, Evaluation and Assessment
DATE:             January 13, 2016
SUBJECT:     Update on Local Control and Accountability Plan (LCAP) Intervention Programs for Secondary Students: AVID, Bridge and BHS Intervention Coordinator

BACKGROUND INFORMATION:
Intervention and support programs at the secondary level have been developed over the last few years to support academics, attendance and behavior of students.  In 2013, the district received supplemental funds through the Local Control Funding Formula (LCFF) to target “high need” students--that is, low income, English learner and foster youth.  As a result of LCFF, the district developed the Local Control Accountability Plan (LCAP) to address the achievement and success of these students.  

Over the last several months, the district has been reviewing all programs funded under LCAP.  For the purpose of this presentation, all of these efforts promote a college and career going culture and involve either comprehensive “wrap-around” supports and/or an intensive compliment of academic skill building. Other programs such as the city-funded RISE program, and the YMCA’s Y-Scholars program offer related supports but are not presently receiving funding through LCAP supplemental funds.

Staff will give a brief presentation on the Intervention Programs supported by LCAP Supplemental Funding at the Middle and High Schools during the current academic year.  These programs include the Advancement Via Individual Determination (AVID) classes at the Middle and High School, the Middle and High School Bridge Programs, and the work of the BHS Intervention Counselor/Coordinator.

Attachment 1 provides the following information in tables divided by program area to support the presentation:

The LCAP Goal and Funding Information
A brief overview of the programs
Program Enrollment and Student Achievement Update
Summary of Program Components
Qualitative and Quantitative Findings
Recommendations and Next Steps

*See Attachment 1 to view this document in its entirety

POLICY/CODE:
None

FISCAL IMPACT:
These programs are currently supported by multiple funding sources listed in the document tables. 

STAFF RECOMMENDATION:
Receive the presentation on Secondary Intervention Programs supported by the LCAP 



 
Attachments:
Attachment 1
BHS Bridge Program Overview
14. Information Items
14.1. Bylaws 9100, 9124 and 9130
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Board Policy Subcommittee
DATE:          January 13, 2016
SUBJECT:    Board Bylaws 9100, 9124 and 9130

BACKGROUND INFORMATION:
Board Bylaws 9100 (Annual Organizational Meeting), 9124 (Attorney) and 9130 (Advisory Committees) are submitted as Information for First Reading.  Bylaws are the District’s operating manual. They define the size of the Board and how it will function, outline Board committees, set guidelines for maintenance of the District policy manual and delineates other operating procedures.

These Bylaws have been reviewed by the Board Policy Subcommittee to make sure they reflect the District’s governing principals and operational structure.  

POLICY/CODE:
Education Code: 48200, 48204, 48207
Government Code: 244, 6206, 6207
BP and AR 9310

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept for Information and First Reading Board Bylaws 9100, 9124 and 9130.






 
Attachments:
Bylaws 9100, 9124 and 9130
14.2. Facilities ModificationsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Director of Facilities

DATE:         January 13, 2016
SUBJECT: Facilities Plan Modifications

 

BACKGROUND INFORMATION:

It is time for our annual review of the Facilities Plan.  The review is based on last year’s Board approved plan and the last financial update.  The Board approved the current Facilities Plan on March 12, 2014, and approved the last financial update on October 28, 2015.  There are three steps to developing a new Facilities Plan.  The first step is to determine what facility ideas are to be studied; the second step is to reallocate funds and/or modify project schedules; and the third step is the formal approval of the Facilities Plan.  The Plan provides detailed project and schedule assumptions.  This year the first step will be in January, changes to the budget and schedules will occur in March, and the new Plan is proposed for adoption in May.  There are minor budget adjustments noted below in items 11 and 12 which are recommended for approval with this action. 

 

This memo is the first step in creating a new Facilities Plan.  Cabinet suggests that the following ideas be explored and implemented as noted:

  1. Make minor changes in project finances (done every quarter);

  2. Complete the Educational Specifications process to guide future facilities projects;

  3. Using information from the Ed Specs process review and update remaining systems replacement projects to develop efficiencies and consideration of educational priorities;

  4. Evaluate and recommend a wider range of project delivery methods for future facilities projects;

  5. Coordinate future facilities projects with the District’s Proposition 39 Energy Efficiency projects;

  6. Review and update projects and plan for future work related to the District’s Solar Master Plan for renewable energy systems, and evaluate installed systems with recommendations for monitoring and maintenance to ensure long term performance;

  7. John Muir Modernization combine future modernization project budget to 2014/2015 modernization, with adjusted scope;

  8. Malcolm X adjust project scope and budget based upon technical evaluation of building exterior; 

  9. Begin pre-planning confirmation process for 2017 projects;

  10. Provide additional budget from Measure AA for DSA Closeout of previously uncertified projects in the amount of $300,000;

  11. Make adjustments to the Camera and Public Address projects budgets by shifting $250,000 from the Replace BHS Camera line to the Public Address and Cameras line (Facilities has presented both budgets as one, however they are reflected separately in the Financial Plan);

  12. Allocate inflation from the inflation reserve to the projects, updated construction cost increases beyond 3% allowance will be incorporated;

  13. Review closed projects and determine release of funds into the account balance; and,

  14. Recalculate the Risk Pool budget.

Any budget or schedule changes will affect not only the project itself, but will also change the inflation and risk pool budgets and will modify the presumed interest earnings.    

 

POLICY/CODE:

District practice to review Facilities Plan yearly. 

 

FISCAL IMPACT:

Staff will need to return to the Board with a revised financial plan. 

 

STAFF RECOMMENDATION:

Approve studying the areas delineated and direct staff to prepare a recommendation on the items listed above. Approve adjustments in items 7, 10 and 11.     








 
15. Open Session Public Testimony (2nd Opportunity)Was edited within 72 hours of the Meeting
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in for the earlier open session public testimony will be given priority.  Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.

16. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
17. Adjournment

The resubmit was successful.