The Presiding Officer will call the meeting to order at 6:00 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

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. 

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.

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. 

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE: January 27, 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Delia Ruiz, Assistant Superintendent, Human Resources
DATE:          January 27, 2016
SUBJECT:   Allocation and Classification Specification (Job Description) for Facilities After Hours                               Operations Supervisor                  

BACKGROUND INFORMATION:
The Facilities Department is requesting the allocation of a full time position for Facilities After Hours Operations Supervisor and the approval of the attached classification specification (job description) for this classification.

The Facilities Operations Department provides both custodial and property protection services to our district. Both functions are provided during and after normal school hours.

Custodial Services are provided in two shifts at our school sites, 6:00 am to 2:00 pm and 3:00 pm to 10:00 pm, Monday through Friday. Additionally, our property protection staff works primarily after hours providing roving security services to our 23 District properties. Both of these services are very valuable in ensuring that our facilities and classrooms are in good condition, safe and prepared for teaching and learning.

A recent and thorough review of the duties, work schedule, and supervisory demands of the Facilities Operations Manager revealed the need for additional supervision staff. The proposed position, Facilities After Hours Operations Supervisor, would provide supervision to approximately 26 employees, working after hours who do not presently have regular onsite supervision. The addition of this position will improve the overall quality of work performed by District custodial and operations staff. Additionally, night time emergencies such as fires, burglaries and vandalism that tend to damage valuable student spaces, making them unavailable when school starts the next morning,  can be much more effectively addressed.

The position of Facilities After Hours Operations Supervisor would report directly to the Facilities Operations Manager.  The primary responsibilities of this position would include:

Planning, organizing, and coordinating after hour custodial and security operations; supervising custodial and security personnel assigned to various shifts and at various sites; and providing guidance and training to custodial and security staff.

Additional duties, as well as the minimum qualifications are detailed in the attached proposed job description.

District staff have met and consulted with Local 21 Union representatives, and staff plan to present this job description at the next Personnel Commission Meeting.

POLICY/CODE:
Education Code sections 35020, 45109, 45276, 45241, and 45256; and Merit Rule 30.200

FISCAL IMPACT:
The position is estimated to cost $109,354 with the annual salary and health and welfare benefits included, to be funded from the General Fund.

STAFF RECOMMENDATION:
Approve the allocation of a 1.0 FTE position for Facilities After Hours Operations Supervisor and the attached job description.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Delia Ruiz, Assistant Superintendent, Human Resources
DATE:          January 27, 2016
SUBJECT:   Revision of Classification Specification (Job Description) for High School Plant Operations Manager                  

BACKGROUND INFORMATION:
On January 28, 2015, the Board of Education approved the classification specification (job description) for the High School Plants Operations Manager.  This had been approved by the Personnel Commission previously as part of the Classification and Compensation Study.

On January 13, 2016, District staff met with Local 21 Union representatives to discuss the need to make a minor revision to the minimum qualifications for this classification.  Although the minimum qualifications are under the jurisdiction of the Personnel Commission, the essential duties, which are under the jurisdiction of the Board of Education, would be minimally impacted by this revision.  The present job description requires applicants to possess a Pool Operator Certificate. 

Staff is proposing, and the Union has agreed, that an employee new to this position should be allowed six months to obtain such certification.  The incumbent has various essential duties to perform that do not require such certification.  Because of the specialized nature of this position, we should consider applicants, who at the time of applying, may not yet possess the certification.

Attached is the job description with the minor proposed revision.  Staff plans to present this proposed revision at the next Personnel Commission Meeting.

POLICY/CODE:
Education Code sections 35020, 45109, 45276, 45241, and 45256; and Merit Rule 30.200

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the revision to job description as indicated in the attachment.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed. D., Superintendent
FROM:            Delia Ruiz, Assistant Superintendent, Human Resources             
DATE:            January 27, 2016
SUBJECT:      Resolution 16-019:  Board Consent Authorizing Teacher to                      
Teach in Departmentalized Setting

BACKGROUND INFORMATION:
Pursuant to Education Code section 44258.3, the governing board of a public school district may assign a teacher to teach any subject in a departmentalized setting provided that the governing board verifies, prior to making the assignment, that the teacher has adequate knowledge of the subject to be taught, and the teacher consents to that assignment. 

Staff recommends that the Board authorize Lisa Shurtz to teach Spanish.  In accordance with the Education Code, subject matter specialists conducted the necessary review to determine the teacher's competence in that subject, staff has informed the  Berkeley Federation of Teachers (BFT), and the teacher has submitted her written consent to teach Spanish.

POLICY/CODE:
Education Code 44258.3

FISCAL IMPACT:
None

STAFF RECOMMENDATIONS:
Approve Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Lisa Graham, Director, Special Education
DATE:        January 27, 2016
SUBJECT:  Out of State Travel - RATIFICATION 

BACKGROUND INFORMATION: 
The following out of state travel is being presented as a ratification:

The District is obligated to conduct a comprehensive psycho-educational evaluation for a student suspected as having a disability in accordance with Child Find obligations. 

The District is requesting approval for Adabel Padilla, BUSD School Psychologist, to travel to Salt Lake City, UT to assess a Berkeley student who is currently residing in Solstice Residential Treatment Center (RTC) per a Compromise and Release (C&R) agreement between Berkeley Unified and the Student’s parents. 

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
Travel expenses ($671.46) will be funded from the Special Education budget.

STAFF RECOMMENDATION:
Ratify and approve the out of state travel consistent with the District Policies and instructional programs.

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent

FROM:        Timothy E. White, Executive Director of Facilities         

DATE:         January 27, 2016

BACKGROUND INFORMATION:

On March 13, 2013, the Board approved HKIT Architects to design the Longfellow Cafe Project for $375,000. A Contract Agreement was entered into with HKIT for $370,000.  There have since been five modifications to their contract totaling $33,340, for a new contract total of $403,340.

The new Longfellow Cafe building is located across from the Longfellow main campus on Ward Street, requiring the students to cross the street to use the facility. During the design of the project, the determination of the site committee was to install a raised crosswalk and a pedestrian flashing beacon system.  This design was approved by both the City of Berkeley and the Board.

In order to maximize student safety staff is considering the installation of a street gate similar to the McKinley Street crossing at Washington School. To accomplish this, the District must explore the traffic and community impacts to meet the City requirements. HKIT Architects can lead this effort for the District.  This effort includes traffic studies, community meetings, city engineering meetings, and City Council approvals. The additional fees for this could be $82,300. This would raise HKIT's total contract to $485,640.

Staff is recommending that the Board approve HKIT Architects for additional services related to designing this additional scope.

POLICY/CODE:

Board Policy 3310. 

FISCAL IMPACT:

Cost to be paid from the Measure I Bond Funds.     

STAFF RECOMMENDATION:

Approve HKIT Architects for design services for an increase in authority to $486,000 for the Longfellow Cafe Project.

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent

FROM: Timothy E. White, Executive Director of Facilities         

DATE:  January 27, 2016

BACKGROUND INFORMATION:
On March 26, 2014, the Board approved Baker Vilar Architects to design the John Muir Modernization Project for $180,000. The project was bid on April 14, 2015 and was over budget.  The Board rejected all bids.

The lowest responsible, responsive bid was $2.5 million, well over the budget estimate of $1.5 million. As a result of this staff is proposing that we combine the 2 separate modernization projects approved under the Measure I expenditure plan into one project for the summer of 2016.    

The Board approved staffs recommendation to increase the project scope and combine these project budgets on January 13, 2016. The project budget is being increased from $2,061,196 to $4,809,126. This increase does not negatively  impact any other Measure I projects. 

To proceed we are asking the board to approve an increase to the Baker Vilar Architects contract for design services at the John Muir Elementary School Modernization. This additional design service is $82,027. We are asking for an additional authorization of $83,000 for a total Baker Vilar Architect Contract of $263,000

POLICY/CODE:
BP 3310

FISCAL IMPACT:
Cost to be paid from the Measure I Bond Funds.

STAFF RECOMMENDATION:
Approve increase to Baker Vilar Architects for design services by $83,000 for the John Muir Modernization Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Executive Director of Facilities

DATE:         January 27, 2016
SUBJECT:  Approval of the Schematic Design of the Rosa Parks Grounds Improvement Project     

BACKGROUND INFORMATION:

On March 12, 2014, the Board approved a project to improve the grounds at Rosa Parks. Per our construction procedures, an introductory community meeting was held on December 1, 2015. On December 9, 2015, the Board approved Carducci and Associates to design the project. Since then, there have been three Site Committee Meetings and one Community Meeting. As is typical of our grounds improvement projects, we develop a master plan and a project plan. The project plan is what we can fund with the available budget; the master plan serves as a road map for future projects the school may fundraise or have volunteer projects to develop. Both the master plan and the project plan were presented and a video was made which can be viewed on our website.  Attached to this cover memo are the master plan and the project plan. The project includes:

1. A new net play structure on synthetic play turf;
2. Kinder play hills with synthetic turf and swing structure;
3. A climbing wall;
4. Required accessibility

There are four alternate features: bench tables, improvements and relocation of a wall ball, a sandbox at the kinder yard, and moving boulders.

The project is estimated to cost $287,920 and the alternates total $44,339.  The budget is approximately $300,000.

There was little or no controversy during the process.  The Site Committee supports the project plan.

POLICY/CODE:

California Public Resources Code 21000 et seq.

FISCAL IMPACT:

The recommended project is within budget.  The project is funded in Measure AA. 

STAFF RECOMMENDATION:

Approve the masterplan, and the schematic design of the Rosa Parks grounds improvement project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         January 27, 2016
SUBJECT:  Approval of the Masterplan and the Schematic Design of the Washington Grounds Improvement Project     

BACKGROUND INFORMATION:

On March 12, 2014, the Board approved a project to improve the grounds at Washington School.  Per our construction procedures, an introductory Community meeting was held on December 2, 2015.  On December 9, 2016, the Board approved Carducci and Associates to design the project.  Since then, there have been four Site Committee Meetings and one Community Meeting.   As is typical of our grounds improvement projects, we develop a masterplan and a project plan.  The project plan is what we can fund with the available budget; the masterplan serves as a road map for future projects the school may fund raise or have volunteer projects to develop.   Both the masterplan and the project plan were presented and a video was made which can be viewed on our website.  Attached to this cover memo are the masterplan and the project plan.  The project includes:

1. A synthetic turf field;
2. Additional paving for a basketball court;
3. A playstructure in the forest area;
4. Remove trees and platforms in paved playground area;
5. Add a drinking fountain,
6. Required accessibility 

There are four Alternates: demo additional trees and repave in "kindergarten" play area; add synthetic turf at same location; add a labyrinth and trike striping; add wood stumps, picnic table, and bike racks.

The project is estimated to cost $306,312 and the alternates total estimated costs are $49,105.  The budget is approximately $300,000.

Members of the community expressed concern and displeasure that the existing dirt/grass field is being replaced with asphalt and synthetic turf.

The Site Committee supports the project plan.

POLICY/CODE:

California Public Resources Code 21000 et seq.

FISCAL IMPACT:

The estimated costs for the recommended project is right at budget.  The project is funded in Measure AA. 

STAFF RECOMMENDATION:

Approve the masterplan, the schematic design of the Washington grounds improvement project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         January 27, 2016

BACKGROUND INFORMATION:

On May 20, 2015, the Board awarded a contract to Ojo Technology, Inc. to install camera and public address systems at multiple sites. The project included camera systems at Berkeley High School, Washington, and Emerson; and new public address systems at Washington, Emerson, Thousand Oaks, and Rosa Parks.  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 $31,421.03 or 3.5% of the contract amount.  We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION:

Accept the project as complete.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Board of Education
FROM:            Board Policy Subcommittee
DATE:           January 27, 2016
SUBJECT:  Board Bylaws 9100, 9124 and 9130

BACKGROUND INFORMATION:
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 delineate other operating procedures.

Board Bylaws 9100 (Annual Organizational Meeting), 9124 (Attorney) and 9130 (Advisory Committees) were submitted as Information for First Reading on January 13, 2016, and are now being presented to the Board for approval.

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

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Board Bylaws 9100, 9124 and 9130.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed. D., Superintendent
FROM:          Javetta Cleveland, Deputy Superintendent
DATE:           January 27, 2016
SUBJECT:    Approval of Contracts/Purchase Orders for Services Contracts

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 Performance Arts Workshop to provide artistic and creative development at Berkeley Arts Magnet Elementary School for the period from 1/28/16 – 6/18/16. The cost will not exceed $21,450. To be paid from Restricted Donations. Requested by Rene Molina.
   
2. Ratification of contract with Public Allies to provide an Americorps intern to assist with coordinating activities at King Middle School for the period from 1/14/16 – 6/30/16. The cost will not exceed $11,200. To be paid from Restricted Donations. Requested by Janet Levenson.
   
3. Ratification of contract with JJMS Group, to provide consultant services for EMS Pathways B-STEP Program for the period from 1/14/16 – 6/17/16. The cost will not exceed $37,550. To be paid from Specialized Secondary Grant. Requested by Thomas Reid.
   
4. Ratification of contract with Children’s Hospital & Research AT Center, to provide athletic training services to Berkeley High School for the 2015/16 SY. The cost will not exceed $11,250. To be paid from General Fund. Requested by Britta Fjelstrom.
   
5. Increase to contract, PO#160520 to Xterra to provide support for network enhancements for the period from 7/1/15 – 6/30/16. The additional amount will increase the purchase order by $20,000 for a total amount of $23,000. To be paid from General Fund. Requested by Jay Nitschke.
   
6. Increase to contract, PO# 160258 to Syserco, Inc., to provide HVAC services as needed by the Maintenance Department for the 2016 SY.The Board approved $35,000 on 09/30/15.The additional amount will increase the purchase order by $15,000 for a total amount of $50,000.To be paid from Measure H.Requested by Steve Collins.

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          January 27, 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. Church of the Good Shepherd donated $276 to be utilized as needed for Rosa Parks Elementary School.
2. Muriel Lane donated $54.46 through Ackerman’s Servicing Volvos Inc. to be utilized as needed for Rosa Parks Elementary School.
3. Wells Fargo Community Support Campaign 2014/15 donated $1,000 to be utilized as needed for Thousand Oaks School.
4. HH Bar LLC dba The Bar Method Berkeley donated $3,020 to be utilized as needed for the Gardening and Cooking Program.
5. King PTA donated $8,800 to partially fund the Writers Coach Connection for Martin Luther King Jr. Middle School.
6. Berkeley Public Schools Fund donated $2,736 to purchase tumbling mates for Martin Luther King Jr. Middle School.
7. Lifetouch National School Studios donated $2,341.31 to be utilized as needed for Martin Luther King Middle School.
8. Christine Butterfield and Philip O’Brien donated $1,000 to be utilized as needed for Martin Luther King Middle School.
9. Berkeley High School Developmental Group donated $40,000 to partially fund after school tutoring for Berkeley High School.
10. Your Cause Corporate Employee Giving Programs donated $40 to be utilized as needed  for Thousand Oaks Elementary School.
    

BOARD POLICY:
BP 3290

FISCAL IMPACT:
The District received a total of $59,267.77 in donations.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Pauline Follansbee, Director of Fiscal Services
DATE:           January 27, 2016
SUBJECT:   Approval of Payroll Warrants Issued in December 2015

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of December 2015.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$2,862,610.80 for December 2015 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in December 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:        January 27, 2016
SUBJECT:   Approve Listing of Warrants issued in December 2015.

BACKGROUND INFORMATION:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of December 2015 are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:  
$5,184,818.30 for the month of December 2015 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of December 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent 
DATE:          January 27, 2016    
SUBJECT:   Independent Audit Report for Fiscal Year ending June 30, 2015

BACKGROUND INFORMATION:
The District’s annual Independent Audit for the Fiscal Year 2014-2015 has been completed. The audit is now being presented to the Board for review under separate cover.  Copies are available for public review in Superintendent’s office.

The District received an unqualified opinion on its financial statements.  An unqualified opinion from our auditor indicates that the District's financial statements for year ended June 30, 2015, present fairly (are fairly stated) in all material respects, its financial position in conformity with generally accepted accounting principles.  Therefore no material financial, accounting errors were noted by the Auditor. 

POLICY/CODE:
Education Code Section 14500, 14502, and 14504 et seq

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and accept the Audit Report and Financial Statements as presented by Crowe Horwath LLP

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D.
FROM:       Natasha Beery, Director of BSEP and Community Relations;
BSEP Planning and Oversight Committee
DATE:        January 27, 2016
SUBJECT:  Annual Report of Revenue and Expenditures in FY 2014-15 of the Berkeley Public
Schools Educational Excellence Act of 2006 (BSEP/Measure A)

BACKGROUND INFORMATION:
In compliance with The Berkeley Public Schools Educational Excellence Act of 2006 (BSEP/Measure A), the District makes available to the Planning and Oversight Committee an Annual Report of the revenues generated by the BSEP Measure, and the expenditures of the revenues for each Fiscal Year.

The Planning and Oversight Committee has reviewed the Annual Report for FY 2014-15, and hereby provides this report to the Board of Education on the District’s compliance with the conditions of this Measure.

All BSEP revenue from Measure A of 2006 is deposited, monitored and expended through the BUSD accounting system (QSS) in Fund 4 which is accounted for separately from the District’s General Fund (Fund 1).

BSEP Fund 4 revenue is allocated to each of the purposes delineated in the BSEP Measure in separate and distinctly coded Resources in accordance with the percentages specified by the measure[1]. 

The attached Annual Report displays the revenue and expenditures of each Resource of Fund 4 at the closing of Fiscal Year (FY) 2014-15, as well as a brief description of the status of projects funded through BSEP. Appendix A provides an overview of FY 2014-15 expenditures from carryover funds from BSEP Measure B of 1994, Funds 5, 6 and 7 and Measure B of 2004, Fund 8.  

Resource Code                  Purpose                                                   Percentage

0854                                    Public Information & Translation               2.00% of net

After 2% of net revenue is allocated to Resource 0854, 100% of the available revenues[2] are allocated to the following purposes and deposited in restricted accounts.  

0841                   Class Size Reduction                               66.00%
0852                   School Site Discretionary                         10.25%
0853                   Music, Visual and Performing Arts           6.25%
0857                   Parent Outreach Services                        1.25%
0860                   School Libraries                                       7.25%        
0855                   Professional Development                       9.00%
0856                   Program Evaluation                                 (shared by these
0862                   Instructional Technology                          three resources)

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A)
Berkeley Public Schools Educational Excellence Act of 1994 (Measure B)

FISCAL IMPACT:
In FY 2014/15, BSEP Measure A of 2006 provided 19% of the District's combined General Fund revenue, in the amount of $25,200,064. In addition, carryover funds from BSEP Measure B of 1994 accounted for $23,745 in expenditures.

STAFF RECOMMENDATION:
Review and accept the Annual Report of 2014-15 BSEP Revenue and Expenditures from Measure A of 2006, Fund 4; BSEP Measure B of 1994, Funds 5, 6 and 7; and Measure B of 2004, Fund 8.

______________________________________________________________________________________

[1] BSEP Measure A, Section 2.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D
FROM:       Natasha Beery, Director of BSEP and Community Relations;
BSEP Planning and Oversight Committee
DATE:        January 27, 2016
SUBJECT:  First Interim Report of Revenue and Expenditures in FY 2015-16 of the Berkeley Public
Schools Educational Excellence Act of 2006 (BSEP Measure A)

BACKGROUND INFORMATION:
This is the First Interim Budget report for BSEP/Measure A for FY 2015-16, representing the budget as of October 31, 2015. Comparison reports for each Resource are attached and include the financial information from the Unaudited Actuals for FY 2014-15; the Adopted Budget and First Interim Budgets for FY 2015-16 and the difference between the Adopted and First Interim Budgets.  Explanations for variances are included in each report.

The Planning and Oversight Committee has reviewed this First Interim Budget report for FY 2015-16, and hereby provides this report to the Board of Education on the District’s compliance with the conditions of this Measure.

Revenue and Expenditures
In FY 2015-16, revenue is projected to total $25,412,632, which represents 18% of the District’s General Fund budget. This is an increase in revenue over the prior year, primarily due to a 1.02% Cost Of Living Adjustment (COLA) as permitted by the Measure. Projected expenditures and transfers to the General Fund total $26,852,148. The excess of expenditures over revenue reflect planned deficit spending from Fund Balances in most Resources.

Indirect Costs
The Indirect Cost rate in FY 2015-16 is 6.54% and is calculated by a formula determined by the State. The rate is applied to all expenses and transfers, and is projected to total $1,582,458. These funds are transferred to the General Fund to support the District’s common functions such as Payroll, Purchasing, Human Resources and Plant Operations.

Reserves and Fund Balances
BSEP maintains a 3% reserve as required by the State.  The reserve is calculated using total expenditures as well as transfers to the General Fund from the Class Size Reduction and Visual and Performing Arts resources. During the budgeting process, each Resource carries an unallocated reserve as a contingency to allow for variances in personnel expenditures (salary and benefits). Fund Balances are maintained in each Resource to meet program needs. 

Fund Balance (FB) and Reserve Comparison:

First Interim Budget Changes
There are two primary reasons for changes in the Budget since it was adopted:

• Revisions to salary and benefit projections as staff was hired or placed in open positions.  Health benefits were also adjusted.
• For some Resources, carryover from FY 2014-15 was posted and then allocated according to plan, as reflected in the following summary reports.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A)

FISCAL IMPACT:
In FY 2015-16, BSEP Measure A of 2006 is projected to provide approximately 18% of the District's combined General Fund revenue, in the amount of $25,412,632.

STAFF RECOMMENDATION:
Review and accept the first interim report of 2015-16 BSEP Revenue and Expenditures from Measure A of 2006, Fund 4.

TO:             Donald Evans, Ed.D.,Superintendent
FROM         Javetta Cleveland, Deputy Superintendent
DATE:         January 27, 2016
SUBJECT:   Information on the Governor's Budget

BACKGROUND INFORMATION:
On January 7, 2016, the Governor presented the proposed 2016-17 State Budget for California’s Schools.  Staff has received information on the Governor’s budget proposal for K-12 education and will share that information with the Board.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and accept the information on the Governor’s Budget.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        January 27, 2016
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014. Data in this report are current as of January 15, 2016. The attached report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Berkeley Board of Education
FROM:       Donald Evans Ed. D, Superintendent
DATE:        January 27, 2016
SUBJECT:  Student Assignment Plan Report for 2015-16

BACKGROUND INFORMATION:
On February of 2004, the Berkeley Board of Education adopted a revised student assignment plan governing elementary school assignments.  The revision of the student assignment plan expanded the definition of student diversity by including parent income and education levels as factors of student diversity in addition to ethnicity.   

The revised student assignment plan mapped the school district into three distinct composite diversity categories, taking into account parent education, parent income and historic student ethnicity.  The parent education and parent income diversity factors were developed from data available from the 2000 U.S. Census.  The race and ethnicity factor was developed from multi-year data drawn from the K-5 student population in B.U.S.D.  With the use of this geographical map, the student assignment system no longer relies exclusively on the actual personal characteristics of individual students. Each student is classified according to a composite of diversity characteristics attributed to and derived from the planning area in which the student resides. 

Diversity category one roughly covers West Berkeley; diversity category two encompasses Central Berkeley; diversity category three includes most of East Berkeley.

The Board of Education set the goal that each elementary school’s student population should reflect the diversity of the student population attending all elementary schools within that attendance zone. The goal of the student assignment plan is to achieve socio-economic and racial diversity within a target range of +/- 10% of the zone average. The goal of the student assignment plan for elementary school has been met. 

The revised student assignment plan only targets the elementary schools, so the middle school students are not assigned to schools using the composite diversity map. However, this report includes middle school socio-economic diversity outcomes as measured by the three socio-economic diversity categories.  The District continues to use a zone system for middle school assignments, so the ethnic composition of the student populations at both King and Willard is largely a product of the student demographics within the school’s zone. Longfellow functions as a magnet school available to all middle school students, but students must choose to be assigned to Longfellow. 

Berkeley High School (BHS) has also used a student assignment system or lottery since 2004, based on the same diversity factors described above. Choosing from two learning communities from within the comprehensive High School and three small school options, students rank and submit their program preferences after considering each option relative to their own interests and needs. Collectively, the programs are broad in range and deep in mission, offering something for everyone.  A randomized lottery held each spring, following diversity guidelines set by the Berkeley Unified School District, determines school assignment.

An additional way to ensure that each small school and smaller learning communities have an equitable distribution of students is to include English Language Learner and Special Education students in each lottery held. Thus, the student bodies of each of the three small schools, as well as Academic Choice and Berkeley International High School, will include on average about 5% who are English Language Learners and about 8% who are Special Education students.

Students who are not included in the lottery data are some students with profound learning disabilities, as well as students in intensive English Language classes.  Although much work has been done at Berkeley High to diversify the student population in the small schools, more work needs to be done. 

To achieve the student desegregation and integration goal, students assigned to any of the small schools or programs must stay in the assigned school or program for at least one year. Students may request another academic program option for the following year when they sign up for classes in the spring, but their ability to move to another program is dependent on both available space and diversity category. 

The results of the student assignment plan have been compiled and are attached to this report.  One set of data details the socio-economic diversity outcome, and for comparison, the other one presents the ethnic composition of each grade at each school.  

Another goal of the elementary student assignment plan is to maximize the number of students who received their choice of school, within the student diversity goals.  During the 2015-2016 school-year, about 71% of students received their first choice of school, 15% received their second choice, 12% received their third choice, and the remaining received fourth choice. 

POLICY/CODE:
BP 5116.0
Education Code 35160, 35160.1, 35160.5, 35291, 35350, 35351

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the student assignment plan results for information.

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.