The Presiding Officer will call the meeting to order at 6:45 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:             March 23, 2016
SUBJECT: Approval of Human Resources Reports

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:       Donald Evans, Ed.D., Superintendent
DATE:        March 23, 2016
SUBJECT:  Approval of Job Description for CTE Program Supervisor              

BACKGROUND INFORMATION:
On October 14, 2015, the Board of Education approved an administrative position to oversee Career and Technical Education in the district. 

As noted in the document accompanying the October approval of the position, the Program Supervisor for Career and Technical Education would report directly to the Assistant Superintendent of Educational Services. 

Primary responsibilities of this position included in the October 14 document are now incorporated to the job description attached to this item.

POLICY/CODE:
Education Code sections 35020 and 44830

FISCAL IMPACT:
The position is estimated to cost $126,000. $60,000 will be funded from the Current LCFF CTE Budget and an additional $60,000 will be needed from Base Grant Funds to increase the CTE Budget from $120,000 a year to $180,000 a year. The CTE Budget also covers supplies, equipment and instructional materials. 

STAFF RECOMMENDATION:
Approve the job description for the previously approved CTE administrator.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM:   Angelo Paraiso Arroyo, Student Director, BHS
Alaunte Keys, Student Director, BTA
DATE: March 23, 2016
SUBJECT:  Resolution 16-031 in Support of AB 2571 and ACA 7

BACKGROUND INFORMATION:
AB2571 and ACA7 are two bills in legislature that, if passed, would enable 16- and 17-year-olds to vote in school board elections. The attached resolution supports AB 2571 and ACA 7.

POLICY/CODE:
None

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 16-031 in support of AB 2571 and ACA 7. 

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Board of Education       
FROM:       Policy Subcommittee
DATE:        March 23, 2016
SUBJECT:  Board Policy 1312: Complaints Concerning the Schools

BACKGROUND INFORMATION:
On March 9, the Board Policy Subcommittee presented for first reading a revision to BP 1312 that will align its language with the revised language of BP 9200. The revised version of BP 1312 is now being submitted for approval. 

POLICY/CODE:
BP 1312

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Board Policy 1312.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:            Board Policy Subcommittee
DATE:           March 23, 2016
SUBJECT:  Board Bylaw 9320: Meetings and Notices

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 Bylaw 9320 was presented for first reading on March 9, 2016 and is now being submitted for approval. 

POLICY/CODE:
Education Code: 48200, 48204, 48207
Government Code: 244, 6206, 6207
BP and AR 9320

FISCAL IMPACT:
None

RECOMMENDATION:
Approve Board Bylaw 9320.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Susan Craig, Ed.D., Director, Student Services
DATE:        February 24, 2016
SUBJECT:  Proposal to Purchase Nine Automated External Defibrillators and Install Automated External Defibrillators, Develop Emergency Action Plans, and Provide CPR/AED Training for Staff at Ten BUSD Elementary Schools                          

BACKGROUND INFORMATION:
An Automated External Defibrillators (AED) is a portable device that delivers a shock to the heart to help restore normal heart rhythms or restart a stopped heart. AEDs can help prevent unnecessary deaths from sudden cardiac arrest (SCA). In the United States, SCA affects more than 300,000 people annually and is the leading cause of death each year, killing more people than breast cancer, lung cancer, and HIV/AIDS combined (as reported by the Sudden Cardiac Arrest Association). While most SCA deaths occur in adults, SCA is also the leading cause of death in young adults and can strike children who are engaged in normal school activities. SCA occurs in one of every 200 high schools annually. 

Within the past five years, two East Bay high school athletes have died of SCA and an additional East Bay high school athlete collapsed of SCA and was resuscitated by a trained bystander. SCA must be treated within minutes for a successful outcome. Presently, more than 20 states and hundreds of schools now require AEDs. A Jefferson Elementary School student’s life was recently saved by an AED when the student experienced SCA while on a school field trip.

Berkeley High School lost a senior basketball player on its home court to SCA 42 years ago, and another BHS student lost his life to SCA while playing ice hockey at Berkeley Iceland in 2004.  Berkeley High School already has AEDs on its campus. Through the efforts of the Berkeley Athletic Fund, the high school’s parent booster non-profit organization, 7 were placed on campus in the spring of 2014. The identified BHS AED Site Coordinator and the BHS athletic trainer check these AEDs monthly. The BAF, through Dr. Cindy Chang, current BAF president and BHS volunteer team physician, currently covers the majority of costs to certify all coaches (paid and volunteer) and the AD staff in First Aid and CPR/AED use.  The School Safety Officers are certified in CPR/AED use, which is paid for by BUSD.  Supplies to maintain the AEDs (e.g., new batteries, pads, etc.) are currently being paid for by BAF donations. 

AEDs have additionally been purchased and installed at Berkeley Technology Academy and Berkeley Adult School.

In June 2015, six AEDs were donated to BUSD ($10,494.73 value) through a grant funded by Racing Hearts, a non-profit organization that increases awareness of and improves access to automated external defibrillators (AEDs).  Five of the AEDs were placed at middle schools and one AED was placed at Jefferson Elementary School. In order to utilize the AEDs, select District staff has been certified in CPR/AED, the AEDs will need to be installed, an AED site coordinator will need to be identified at each school, a Medical Director has been identified, and emergency action procedures have been established. 

The long-term goal for the District, which was put forward to the Board in May 2015, is to financially support the AED program for the entire District, to include eventually every elementary school as well as District buildings.  This would include the maintenance of the AEDs and certification of identified staff including all the coaches at each school site. The proposed next step is to obtain and install AEDs (one per site) in the remaining ten elementary schools in BUSD. 

District staff and BHS parent, Cindy Chang, M.D. (Team Physician, U.C. Berkeley and Chief Medical Officer, US Olympic Team, 2012) has obtained one AED donated by SHOCKS, a U.C. Berkeley student run group, which could be installed at one of the elementary schools. In order to install an AED at every BUSD elementary school, the District would need to purchase an additional nine AEDS at an approximate cost of $13,500. The next steps after the purchase of the AEDs are as follows:

• The AEDS will be installed at all BUSD elementary schools except Jefferson, which already has an AED, in carefully selected locations and Emergency Action Procedures will be posted. All staff at each school will be notified by email of the location(s) of the AEDs and how to use them.

• Each elementary school will need to set up CPR/AED certification training for staff. CPR/AED training will be provided (date TBD) for additional identified staff at the four schools. This training needs to be renewed every 2 years.

• The cost of maintaining each AED is approximately $50 a year.

• An AED Site Coordinator  will be identified at each site. Cindy Chang, M.D., will serve as the Medical Director and the Director of Student Services, Dr. Susan Craig, will serve as the District Coordinator for the project.

The District has reviewed risks and liabilities associated with installing AEDs in schools for the Board’s consideration.

This proposal regarding the BUSD Elementary School AED Project is now being presented to the Board for approval.  

POLICY/CODE:
Board Policy 3516
Education Code 32280-32289

FISCAL IMPACT:
$1,000 per year for AED maintenance and approximately $1,250 per year for CPR/AED certification.

STAFF RECOMMENDATION:
Approve the BUSD Elementary School AED Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:           March 23, 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. Kaiser Permanente donated $19.04 through The Benevity Community Impact Fund to be utilized as needed for Rosa Parks Elementary School.  

2. Rikki Moreno donated $50.00 through the Kaiser Permanente Community Giving Campaign to be utilized as needed for Rosa Parks Elementary School.

3. Lifetouch National School Studios donated $1,287.47 for school photos and Target donated $829.65 through the Target Take Charge of Education program for a total donation of $2,117.12 to be utilized as needed for Jefferson Elementary School.

4. Target donated $200.18 through the Target Take Charge of Education program to be utilized as needed for John Muir Elementary School.

5. Target donated $207.10 through the Target Take Charge of Education program to be utilized as needed for LeConte Elementary School.

6. Growing Leaders donated $9,884.98 to partially support staffing for the Gardening Program for Willard Middle School.

7. Genentech Inc. donated $1,500 through The Benevity Community Impact Fund to be utilized as needed for Rosa Parks Elementary School.

8. Wells Fargo Community Support Campaign donated $3,500.00 to be utilized as needed to purchase computer equipment for Malcolm X School.

9. eScrip donated $161.05 to be utilized as needed for Malcolm X School.

10. Brian Briggs and Ken Okazaki donated $100.00 through the Wells Fargo Community Support Campaign to be utilized as needed for Malcolm X School.

11. eScrip donated $26.65 to be utilized as needed for Malcolm X School.

12. Growing Leaders donated $18,707.60 to partially support staffing for Willard Middle School.

13. Lifetouch National School Studios donated $876.65 to be utilized as needed for John Muir Elementary School.

14. Lifetouch National School Studios donated $1,403 to be utilized as needed for Rosa Parks Elementary School.

POLICY/CODE:
BP 3290

FISCAL IMPACT:
The District received a total of $38,753.37 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:         Javetta Cleveland, Deputy Superintendent
DATE:          March 23, 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 School Facility Consultants to provide developer fee justification report for the Facilities Department for the 2015/16SY. The cost will not exceed $19,000. To be paid for by General Fund. Requested by Timothy White.
2. Contract with Dinelli Plumbing to provide emergency plumbing repairs as needed by Berkeley Adult School for the 2015/16SY. The cost will not exceed $35,360.50. To be paid for by Measure H. Requested by Stephen Collins.
3. Increase in contract, PO#160596 to Child Therapy Institute of Marin for counseling and mental health services for three preschool sites. The Board approved $32,000 on 8/26/15. The additional amount will increase the purchase order by $10,000 for a total amount of $42,000. To be paid from Child Development Fund. Requested by Maria Carriedo.
4. Increase in contract, PO#160874 to Domach Inc. dba BakTek to provide service and repairs of kitchen equipment for Nutrition Services Department for the 2015/16SY.The additional amount will increase the purchase order by $15,000 for a total amount of $20,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
5. Increase in contract, PO#160337 to ITS Enterprises for inspection services related to DSA closeout. The additional amount will increase the purchase order by $5,400 for a total amount of $15,000. To be paid for by Measure AA. 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Pauline E. Follansbee, Director of Fiscal Services
DATE:          March 23, 2016
SUBJECT:   Approve Listing of Warrants issued in February 2016.

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 February 2016 are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,428,753.75 for the month of February 2016 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of February 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Pauline Follansbee, Director of Fiscal Services
DATE:          March 23, 2016
SUBJECT:   Approval of Payroll Warrants Issued in February 2016

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 February 2016.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,922,836.32 for February 2016 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in February 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:           Lisa Graham, Director, Special Education
DATE:            March 23, 2016
SUBJECT:     Approval of Contract Increases for Non Public School

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 the 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.

We have added a special education student to the following Non Public School and must increase the existing Purchase Order- to cover the expenses of this student.

POLICY/CODE:
Education Code 39800
Board Policy 3310  

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $79,000.00 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the increase to the Master Contract for the Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Pat Saddler, Director, Programs and Special Projects
DATE:        March 23, 2016
SUBJECT:  Memorandum of Understanding with Lifelong Medical for Rosa Parks After School Program

BACKGROUND INFORMATION:
Lifelong Medical Care has been the contracted fiscal agent for the Rosa Parks Collaborative, including the Rosa Parks Kids’ Village After School Program since 2001.  Lifelong Medical manages all finances for the program, including all costs for the staff, supplies and equipment, and independent contractors.

The Rosa Parks School Collaborative oversees the After School Program as outlined in the Memorandum of Understanding between the District and the Collaborative.

Funding for Rosa Parks Kids’ Village Afterschool Program comes from two sources: After School Education and Safety (ASES) grant and parent fees.  The grant amount is based on meeting student attendance figures.

Rosa Parks Kids’ Village After School Program will generate a total of $169,575 from grant allocations this school year.  Board approval is needed to pay Lifelong Medical/Rosa Parks Collaborative up to this amount of $169,575 for the 2015-16 school year.

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund.  The proceeds of $169,575 will be generated through the ASES grant. 

STAFF RECOMMENDATION: 
Approve payment to Rosa Parks Collaborative/Lifelong Medical Center for the Rosa Parks After-School Program for school year 2015-16.  

BERKELEY UNIFIED SCHOOL DISTRICT

 TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         March 23, 2016
SUBJECT:  Independent Auditor’s reports for Measure A of 2006 BSEP), Measure H of 2010,  Measure BB of 2000, Measure I of 2010 and Measure AA of 2000 

BACKGROUND INFORMATION:
An annual performance and financial audit was performed by the District’s independent audit firm, Crowe Horwath LLP to audit our parcel tax funds under Measure A of 2006 (BSEP) ,Measure BB of 2000, Measure H of 2010 and the District’s Measure I General Obligation Bonds of 2010 for fiscal year ended June 30, 2015.   A performance and financial audit of the District’s facility Measure I of 2010 must be performed to meet the statutory requirements under Proposition 39.

The audit reports are maintained in the business office for review. The results of the audits are summarized below:

Measure A 2006 (BSEP)
The parcel tax Measure A of 2006 is a reauthorization of the BSEP 1986 combined with the Measure B of 2004.  The funds are used to reduce class sizes and provide school enrichment programs.

The result of the financial audit report indicates that the financial statements for Measure A of 2006 for fiscal year June 30, 2015, are presented fairly in all material respects and are in conformity with generally accepted accounting principles. There were no audit adjustments or findings noted in the report. The result of the performance audit indicates that funds expended out of Measure A of 2006 funds for the year ended June 30, 2015 were expended only for the purposes approved by the voters, in accordance with the requirements of the published election materials specifying the intended use of Measure A of 2006 proceeds. 

The P & O Committee reviewed the audit reports on March 22, 2016. 

Measure BB of 2000/Measure H of 2010
The parcel tax Measure BB/H provides essential maintenance of school buildings, classrooms, playgrounds, roofs, electrical systems and address fire and safety hazards.

The result of the financial audit report indicates that the financial statements for Measure BB/H for fiscal year June 30, 2015, are presented fairly in all material respects and are in conformity with generally accepted accounting principles.  There were no audit adjustments or findings noted in the report.  The result of the performance audit report indicates that funds expended out of Measure BB funds for the year ended June 30, 2015 were expended only for the purposes approved by the voters, in accordance with the requirements of the published election materials specifying the intended use of Measure BB/H proceeds. 

Measure I
Under proposition 39, the facility Measure I of 2010 allows the District to issue General Obligation Bonds in the amount of $210 million to provide for new classrooms for growth, complete seismic upgrades, and new science labs, upgrade computers and education technology, renovate playgrounds, replace restrooms, cafeterias, roofs, heating and fire safety systems, remove hazardous materials, and improve energy efficiency.   It also provides funding for new playgrounds, restrooms, cafeterias, and heating and fire safety systems in the school district.

The result of the financial audit indicates that the financial statements for Measure I General Obligation Bonds for fiscal year June 30, 2015, are presented fairly in all material respects and are in conformity with generally accepted accounting principles.  There were no audit adjustments or findings noted in the report.  The result of the performance audit indicates that funds expended out of Measure I General Obligation Bonds for the year ended June 30, 2015 were expended only for the purposes approved by the voters, in accordance with the requirements of the published election materials specifying the intended use of Measure I of General Obligations Bonds. 

The oversight committee reviewed the audit reports on February 25, 2016.

STAFF RECOMMENDATION:
Accept the Independent Auditor’s Financial and Performance Audit reports.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          March 23, 2016
SUBJECT:   Independent Auditor Selection for Fiscal Year 2016-17, 2017-18 and 2018-19

BACKGROUND INFORMATION:
In accordance with Education Code Section 41020 (b)(1), Not later than the first day of May of each fiscal year, each county superintendent of schools shall provide for an audit of all funds under his or her jurisdiction and control and the governing board of each local educational agency shall either provide for an audit of the books and accounts of the local educational agency, including an audit of income and expenditures by source of funds, or make arrangements with the county superintendent of schools having jurisdiction over the local educational agency to provide for that auditing.

The auditor rotation requirements specified in 41020 (f)(2) apply to auditors who conduct school district audits. This section of the Education Code makes it unlawful for a public accounting firm to provide audit services to the school district if the lead audit partner, or coordinating audit partner responsible for the audit or for reviewing the audit, has performed audit services for the school district in each of the six previous fiscal years. Consequently, a different audit firm and/or audit partners must be used in the seventh year, unless a waiver is obtained from the EAAP.

In 2010, the District issued a request for proposals (RFP) in 2010 and selected a new firm, Crowe Horwath LLP (Formerly Perry Smith, LLP) to conduct all external audits.  The District staff and the Audit Committee have been utilizing the services of Crowe Horwath LLP for five years and are satisfied with the services they have provided.  Staff and the Audit Committee recommend that the District retain Crowe Horwath LLP for an additional three years and rotate to a new audit partner that still meets the Education Code 41020 requirements. The following fees will apply for our financial statement audits to be performed in FY 2016-17 for the audit of FY 2015-16 and continue to FY 2018-19 for the audit of FY 2017-18:

POLICY/CODE:
Education Code Section 41020 et seq

FISCAL IMPACT:
The annual cost of our District audit of 2014-15 was $64,000. The proposed increases in fees are reasonable for the quality of audit services that the District receives. 

STAFF RECOMMENDATION:
Approve staff selection of independent auditor Crowe Horwath LLP.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         March 23, 2016
SUBJECT:  Overnight Field Trips

BACKGROUND INFORMATION:

The following overnight field trips are being requested:

Tilden Park/Wildcat View, Berkeley, CA, June 1-2, 2016

Approve participation eighty (80) sixth grade students and 6 teachers and 10 other adults from Willard Middle School on a two-day, one night field trip to Tilden Park/Wildcat View for the purpose of viewing level land forms and geographical fixtures. Students will experience the local wilderness and plan activities which incorporate math, science and physical education. The students will sleep in gender specific tents located in separate camping areas and both will have adult chaperones. The cost of $20.00 per student will be paid by PTA and parent donations.  No student will be denied access based on inability to pay.  Requested by Debbie Dean, Willard Middle School Principal

Tilden Park/Wildcat View, Berkeley, CA, June 2-3, 2016

Approve participation eighty (80) sixth grade students and 6 teachers and 10 other adults from Willard Middle School on a two-day, one night field trip to Tilden Park/Wildcat View for the purpose of viewing level land forms and geographical fixtures. Students will experience the local wilderness and plan activities which incorporate math, science and physical education. The students will sleep in gender specific tents located in separate camping areas and both will have adult chaperones. The cost of $20.00 per student will be paid by PTA and parent donations.  No student will be denied access based on inability to pay.  Requested by Debbie Dean, Willard Middle School 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
                   Pat Saddler, Director, Programs and Special Projects
DATE:        March 23, 2016
SUBJECT:   Plan for 2016 Summer Programs

BACKGROUND INFORMATION:
The purpose of the 2016 Summer School Program is to provide meaningful opportunities for our students in grades TK-12. The TK-5 students will be able to participate in two intensive academic programs that will incorporate high quality literacy and math instruction. Technology will be incorporated into the program daily, affording students an opportunity to gain stronger keyboarding and digital skills. The Ramp Up program is a pilot literacy and math program that targets students in grades K-2 who have not demonstrated mastery in literacy based on Spring TCRWP Assessment Data. The pilot is aligned with 2020 Vision Indicator, Third Grade Reading Proficiency. By employing research-based instructional strategies, our goal is to reduce the rate of summer slide and to introduce the students to skills that they will be taught in the fall, a form of pre-teaching. Students with special needs will be incorporated in the summer school programs. 

The Middle School program will offer academic language development for long-term English language learner students, Writer’s Workshop, and an interactive AVID-STEM curriculum for AVID/Bridge students who are entering Grades 7 and 8.

The High School Program will offer classes for students in grades 11 and 12 who are deficient in credits.  The courses will meet for three hours each day for 19 days, with classes scheduled in both the morning and the afternoon.  These courses are offered for credit recovery and will meet the minimum number of required minutes to allow students to recover lost credits due to unsuccessful course completion during the traditional school year.

Below please find a more detailed description of each of the summer programs:

ACADEMIC ADVANCEMENT (K-5)
This program will provide 19 days of academic instruction and enrichment. Students not meeting grade level expectations will be invited to attend the program. The focus will be on literacy and Common Core math taken from the Teachers College Reading and Writing Project (TCRWP) and A Story of Units (ASOU). In addition, BUILD tutors from UC Berkeley, will meet with students twice a week to promote literacy. The program will be held at LeConte and Malcolm X, from June 27 to July 22.  Students will be offered transportation from other parts of BUSD in order to participate.  Students may also participate in BEARS after the morning academic program. This year the program will be funded through General Fund summer school, Title I funds, and Child Development.

BEARS ELEMENTARY SCHOOL (K-5)
An all-day summer program is available to qualified students through the District’s BEARS program (June 21 to August 25).  The program includes academics, primarily through the Academic Advancement program, and enrichment for students whose parents are in need of summer childcare and qualify for the state-funded program.  The BEARS program will be consolidated at two sites, LeConte and Malcolm X during most of the summer.  Nutrition Services at LeConte and Malcolm X will provide meals.

RAMP UP PROGRAM (K-2)
The ramp up program will offer literacy and math instruction for students K-12 achieving below grade level. The program will be held from August 8-19 at LeConte. The focus will be on pre-teaching TCRWP and ASOU curriculum to introduce students to material they will encounter in the upcoming school year.

MIDDLE SCHOOL (6-8)
The middle school program will provide academic language development for long-term English language learner students, creative writing, and Advancement Via Individual Determination (AVID)-STEM for AVID/Bridge students who are entering grades 7 and 8. AVID has designed a common core-aligned STEM curriculum that will provide students with an introduction to grade-level math and science standards. Each student will be provided with interactive notebooks to be used during the summer program. The program will be held at the Adult School from June 27 to July 22.

MS 6^th GRADE BRIDGE
The program is designed for a cohort of 15 to 25 kids. Once the students are formally invited to become a Bridge Scholar, the teachers will determine the dates for a three-day orientation that will take place in August, prior to the start of the school year. This experience provides students with an opportunity to become familiar with the middle school campus; the reading software, Accelerated Reader; PowerSchool to monitor grades; and engaging relationship-building activities with the teacher and fellow, incoming scholars.

HIGH SCHOOL (9-12)
Current grade 11 and 12 students enrolled at Berkeley High will be provided the opportunity to make up credits needed for high school graduation through summer school. The four-week, double-session program (June 27 to July 22) will offer a limited number of courses required for graduation for students who need to make up credits. Cyber High will also be available as another way to make up credits. Students may enroll in one or two semester courses. All classes will be held at BTA. Nutrition Services will provide meals. 

BHS BRIDGE
Berkeley High will host a two-week Bridge program in August for incoming freshmen that would benefit from advanced exposure to BHS, its culture, expectations, and strategies to make a successful transition from middle school. This program provides continued support during the school year for these students throughout their BHS career. In addition, BHS will hold summer Bridge programs for the current grade 9, 10, and 11 cohorts of students who have participated in the Bridge program to keep them on track to graduate high school and enroll in college. 

SPECIAL EDUCATION EXTENDED SCHOOL YEAR (PRE-K to 12)
These programs are for students whose IEP specifies an extended school year.

• Elementary Special Education students will attend summer school with the BEARS program.  The 3.5-hour program includes lunch. The dates for the Special Education program will be June 27 to July 22.

• Pre-School Special Education will be held at Franklin and King from June 27 to July 22, four days per week for four weeks.  

• Middle School and High School special education students will be hosted at BTA and will attend for 3.5 hours from June 27 to July 22. 

POLICY/CODE:
Education Code 37252

FISCAL IMPACT:
$90,000 from the LCFF Base Funding (formerly tier III)
$18,000 from LCAP Bridge Funding
$25,000 from Title I Funding
$275,000 from the Child Development Budget
$150,000 from the Special Education Budget
$30,000 from LCAP Supplemental

STAFF RECOMMENDATION:  
Approve the 2016 Summer Programs.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Susan Craig, Director, Student Services           
DATE:        March 23, 2016
SUBJECT:  Approval of School Safety Plans                          

BACKGROUND INFORMATION:
Each California public school must have and maintain an individual safety plan at each site.  This plan is a composite of various community, agency, and school resources to ensure proper response to any emergency.

All School Site Safety Plans have the following standard components, although individual plans and responses may differ from site to site: 

• Directory of District and City Emergency Contact Information
• List of Safety Team Members
• Emergency Action Plans
• Overview of District and School Site Responsibility for Students to and from School
• Basic Actions for Safety Responses
• Responsibility and Duties for all District Staff
• Procedures for Emergency Drills and Evacuation
• Crisis Response Team Protocol:
  Intruder Shooting and Hostage
  Bomb Threats
  Student Unrest
• Policies and Procedures for:
  Sexual Assault or Offense to and from School
  School and After-school Disturbances, Fights, or Assaults
  Arrest of Student
  Anti-Bullying Policy
  Sexual Harassment Policy
  Hate Motivated Behavior Policy
  Child Abuse Reporting
  Suicide Attempt
  Staff Notification of Dangerous Students
  Dress Code
  Campus Supervision
• Selected Rules and Procedures for Student Discipline
• District Suspension and Expulsion Policies
• Exposure and Control of Bloodborne Pathogens
• Implementation Plan
• Structural Assessment and Review

2016 Safety Plan Goals
All BUSD Safety Plans include the following two District-wide goals this year. In addition, every safety plan includes at least one site-specific goal: 

Goal 1: Armed Intruder Preparedness
Strategy: Review the ALICE armed intruder preparedness protocols with all staff and conduct a minimum of two school-wide lockdown drills which incorporate the ALICE protocols during the 2015-2016 school year. Lockdown drills will be conducted during the school day and during the after-school program.

Goal 2: School Climate

1. Strategy: The school will have a process in place through the Coordination of Services Team to identify high needs students and provide targeted support. The COS Team shall meet bi-weekly, at a minimum.
2. Strategy: The school will implement school-wide strategies that support a welcoming and inclusive school community including continued implementation of PBIS and Toolbox (Pre-K – 8) and Restorative Justice (middle and high schools).

All sites have completed their Safety Plans and obtained approval from the School Governance Council and/or Site Safety Committee, with the exception of Berkeley High School. The BHS Safety Committee is currently finalizing the plan which will be presented to the BHS SGC on April 19 for approval.

A copy of each site’s Safety Plan has been placed in the Superintendent’s Conference Room for review, with the exception of BHS.  The Safety Plans are now being presented to the Board for approval.  BHS’ Safety Plan will be presented to the Board for approval at a Board meeting in May.

POLICY/CODE:
Board Policy 3516
Education Code 32280-32289 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the School Safety Plans 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities 
DATE:         March 23, 2016
SUBJECT: Approve the Advertisement of the Willard C Building Heat Controls Project

BACKGROUND INFORMATION:
Staff has identified a need to replace the heating controls at the C building at Willard Middle School.  The design is expected to be completed in mid-April. We anticipate being ready to bid in mid- May

Staff is required to notify the Board when bids are being solicited.

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded in Measure H.    

STAFF RECOMMENDATION:
Approve the advertisement to solicit bids for this project. 

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:      Donald Evans, Ed.D., Superintendent
FROM:    Timothy White, Director of Facilities, Jay Nitschke, Director of Technology
DATE:     March 23, 2016
SUBJECT:   Approval of Telephone System Replacement Project

BACKGROUND INFORMATION:
The Berkeley Unified School District phone system is at the end of its useful life, and changes in eRate reimbursement for telephone service make it imperative to replace the phone system.

The phone system currently in use at all Berkeley Unified schools and facilities (with two exceptions) is an InterTel system installed in 1998-2002, with a median age of 15 years. The system is unreliable, with several schools reporting system issues on an almost weekly basis. In addition, finding replacement parts is difficult since the system ceased to be manufactured several years ago. One school’s system was not replaced in the year 2000 refresh, and its system is even older.

When the district office moved to 2020 Bonar in summer 2012, a new Shoretel VOIP (Voice Over Internet Protocol) system was installed, and its reduced costs, advanced features, ease of use, and reliability make it a favorite of staff.

In a related development, discounts provided by eRate for CENTREX phone service are being eliminated over the next three years. ERate discounts reduced the net cost of telephone service from roughly $10,000 month to $3,000/month. Those discounts are being eliminated, and if the district continued with its current phone system, almost $85,000 in ongoing expenses would need to be added to the district’s annual ongoing budget.

With those two factors in mind, staff searched for a solution that would provide enhanced services to school teachers and staff, while maintaining compatibility with the existing Shoretel system in use at the district office.

The selected Shoretel phone system will have a number of advantages for staff.

• Basic phone usage same as current models: dial 9 for outside line, same basic user interface for setting outgoing message, etc, results in minimal need for end-user training

• Advanced phone features include reliable voicemail-to-email (the current system is quite unreliable), dial by name, and more

• Moves, adds and changes are handled simply and are made through a web browser, in contrast to our current system which has a proprietary CLI (command line interface) interface that is very difficult to use.

• Handles the latest technology (SIP) which and easily connects to the lowest cost route to the internet; the entire Shoretel system was designed with VOIP in mind

• System monitoring includes diagnostics for both phone usage and the internet connection, making troubleshooting easier

• Comes with reporting extensive capabilities, which makes eliminating toll fraud much easier than the current system

• Scheduled DND (Do Not Disturb) with Override for classroom phones, so calls do not interrupt instruction, while allowing access from secretary, principal and others as needed at the school

• E911 notification pinpoint where calls are made, including automatic notification.

The district looked at other districts which had undertaken similar projects recently. These included Kern High School district which presented at the December 2015 CETPA conference.

The district partnered with Global GCTI to design a new district-wide system. Global CTI is a voice and data integrator that has been designing customized telephone systems since 1982.  As a ShoreTel Gold partner, GCTI has installed over 170 systems and 25,000 IP handsets since 2010.  Over 60% of their business comes from the Public Sector / Education arenas and several K-12 clients provided references for Berkeley: 

• Bakersfield City School District – Shoretel system with 2,896 IP handsets over 48 sites. Cutover summer of 2014.

• Kern High School District – Shoretel system with 1,500 IP Handsets and 3,500 analog handsets for classrooms over 28 sites. Phased migration over 23 months ending in March of 2015.

• Murrieta Valley Union School District – Shoretel system with 2,100 IP handsets over 20 sites running on a HP data network.  Cutover summer 2012.

Timeframe: Preliminary work will be done this spring, with phone replacement over summer 2016, and the new system will be completely in place in mid-August, before school secretaries return. A proposed schedule is attached, which has been vetted by Tim White, Greg Williams, and Jay Nitschke.

The equipment is being purchased under the CMAS (California Multiple Award Schedule) pricing.

All new features of this phone system will be presented to staff prior to the first day of school. 

GCTI will provide support as well as extensive web-based training resources.

This project is will be financed by the Measure I bond, and the work scope has been jointly worked on by a workgroup of the Technology Department and the Facilities Department. The project was reviewed by the Construction Bond Oversight Committee prior to being brought to the School Board.

In the Measure I bond, the project plan has allocated $592,000 for technology annually through 2020-21. In order to allow important wifi and other network upgrades to continue while performing the telephone upgrade in a cohesive manner, staff is proposing to adjust the allocations for years 2016-17, 17-18, and 18-19 (these are Phases 6-8 in the bond jargon) as follows. The total of these 3 phases is $1,776,000. Staff is recommending to allocate the cost of the phone system cosys, $708,667 to Phase 6, and take the remaining $1,067,333 and allocate a third ($355,777) to each of Phases 6, 7 and 8.

POLICY/CODE:
Public Contract Code 20110 - 20118 and 5100-5110

FISCAL IMPACT:
Cost of $708,667 to be paid from the Measure I Bond.

STAFF RECOMMENDATION:
Approve the purchase of Shoretel phone equipment with installation and support from Global CTI.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Board of Education
FROM:         Donald Evans, Ed.D., Superintendent
        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:          March 23, 2016
SUBJECT:   Maintenance Spanish Bilingual Program at Thousand Oaks        

BACKGROUND INFORMATION:
The District’s ELD Master Plan Notes that where the Maintenance Spanish bilingual program at Thousand Oaks is concerned, “100% of students are fluent Spanish speakers upon entry.” Historically this class is comprised of both English learner and fully bilingual Spanish speakers. The Maintenance Spanish Bilingual program, in accordance with the District EL Master Plan, is designed for native speaking English learners and native Spanish-speaking bilingual students only. The goals of the program articulated in the plan are to:

• Maintain and develop Spanish-speaking students academic Spanish while making a gradual transition from Spanish to English language instruction

• To strengthen and use students foundation in their primary language to support their ability to meet grade level standards while in the process of becoming fluent in English

According to the District plan, the Maintenance Spanish Bilingual program adheres to the 80/20 program model which begins with approximately 80% in Spanish and 20% in English in kindergarten and changes to 20% in Spanish and 80% English by fifth grade. As children in this program increase in their English proficiency, the instruction in English also gradually increases.

Over the past several years, where both the Maintenance Spanish Bilingual program at Thousand Oaks is concerned, as well as the two-way immersion program now consolidated at LeConte elementary, demographic shifts have resulted in significantly fewer Spanish bilingual, Spanish dominant, or fully bilingual Spanish speakers in the corresponding kindergarten cohorts.  That demographic shift has resulted in fewer students meeting the language profiles needed to sustain the Maintenance Bilingual Program at Thousand Oaks.

Over the past few years the district has filled this class with students having a broader variety of Spanish proficiency levels to sustain the program pending potential reversals of current demographic trends and/or creative thinking about how the program might be modified in a way that incorporates a broader group of students. The District has also enrolled students from all across the district into the Thousand Oaks class, which has historically been a north zone program, in an effort to bolster enrollment; this has been done by request and the district has not formally advertised the program as being open to all zones given that such a shift would generate additional transportation obligations and their associated costs.

Efforts This Year

In order to support enrollment in the program this year, District staff agreed to and facilitated a lower enrollment goal of 15, as well as a significant change in the assessment threshold that has historically been used to determine eligibility for the program.  Students who requested the Thousand Oaks bilingual program this year, as in past years, were assessed for Spanish proficiency, but the threshold for eligibility was lowered on the placement assessment so as to be able to include families wanting to participate in the bilingual classroom who have had students in bilingual preschool programs, or who may speak some Spanish at home, yet had assessment scores that indicated in some cases only limited proficiency in Spanish.

Additionally staff agreed to focus only on the Spanish proficiency scores of students applying for the program and to not consider, as it had historically, the correlating proficiency score in English. In brief, some students and families  expressing interest or applying to the program demonstrated English proficiency that was superior to their corresponding Spanish scores (which again in some cases only indicated limited Spanish proficiency).

This illustrates that the shift in demographics in our district in recent years is reflected in both the number of students requesting the Maintenance Spanish Bilingual classroom, as well as their language proficiencies. It is also illustrative of the fact that the demographics of the Maintenance Spanish Bilingual program have shifted away from the historical assumption that the program would consist only of students who are a hundred percent fluent native Spanish speakers upon entry.

Following the kindergarten fair, and the subsequent outreach done by admissions and Thousand Oaks Staff, nine (9) students who had requested the bilingual program met the lowered threshold of three or better on the Spanish proficiency screening assessment as of the end of February. A score of three indicates basic or limited Spanish proficiency.

Subsequently, staff looked  for students who applied for spots at Leconte’s two-way immersion program; students who met the minimum threshold for proficiency established for the Thousand Oaks program, but who would not meet the minimum Spanish proficiency threshold to be admitted to Leconte’s TWI program as bilingual students since the threshold is now higher there.

Additional students were identified using this criteria, and a number of those students were subsequently admitted to LeConte as English only students. Additional families are being contacted as of this writing, and should they be interested in placement at Thousand Oaks it would bring a grand total of students meeting the minimum threshold for admission to the Maintenance Bilingual Program at Thousand Oaks to 12. A classroom of 12 would be 40% lower than the 20 to 1 class-size target for kindergarten through Grade 3 in BUSD. Additionally, running a Kinder class of 12 most likely means that such a cohort will need to be supported through not just a single year of school, but through the full six-year progression of elementary school.

The demographic shifts in BUSD, resulting in fewer native Spanish speaking students entering BUSD, have impacted the Dual Language Programs at LeConte and Thousand Oaks, but most notably at TO where we have struggled to reach the language demographics prescribed in the District’s Master Plan.

In each of the past four school years the students requesting LeConte or Thousand Oaks who identify as Spanish speakers reflect fewer and fewer monolingual Spanish speakers. Students entering BUSD are more bilingual, 2nd or 3rd generation Latino, and English speakers who are bilingual.  As a result the district has been unable to reach the optimal language demographics of these programs as outlined in the Master Plan hence changing the curriculum and instruction.  

There are two models for dual immersion programs, both of which are supported by research, a  33/33/33 and 50-50.  Our El Master Plan calls for a 50-50 TWI program where 50% of the students are monolingual native Spanish speakers. In the bilingual program 100% of the students are monolingual native speakers. As of this last lottery the following are the demographics of students projected for the incoming Kindergarten cohorts at these respective schools is as follows:

LeConte: 7 Spanish monolingual students

Thousand Oaks: 3 Spanish monolingual students.

Options for Moving Forward at Thousand Oaks

The Board is asked to give direction to staff regarding the following options that may be pursued or implemented given the continuing enrollment challenges for the Maintenance Spanish Bilingual Program at Thousand Oaks:

1) Run the Maintenance Bilingual Program at Thousand Oaks in the 2016-2017 school year with a Kindergarten Cohort of 12 students and subsequently identify what other evidence-based language program can be implemented that better matches the population of English Language Learners entering Berkeley schools that are Spanish speaking and/or Bilingual (not monolingual) beginning in the fall of 2017.

This proposal and an accompanying timeline would require a decision in the early Fall of the 2016-2017 school year about plans for 2017-2018, and a willingness to support the small 16-17 cohort for the full six-year K-5 progression.

2) Determine that given recent and current demographic trends, the District will focus only on one comprehensive dual language program (or other evidence based language program) at LeConte and eliminate the Maintenance Spanish Bilingual program at Thousand Oaks beginning in the fall 2016.

3) Place the current 12 students requesting the Thousand Oaks program in a Kindergarten Class next year, and add to that class an additional 8 students, who may be English speakers (there are presently five English-only students who applied to the TO bilingual program who could be added to the cohort). 

The notable shifts in enrollment demographics and their observable and immediate impact on our programs, combined with a desire to see language instruction continue to expand in the district, move staff to recommend an immediate review and possible revision of the District’s Master Plan for English Learners.

The immediate goal will be to consider changes that will provide better alignment and more long-term stability and sustainability for our programs serving English Language Learners.

A Board decision is requested regarding changes to the Thousand Oaks program for the 2016-2017 school year.  

STAFF RECOMMENDATION:
Staff is recommending that option 3 be exercised for the 2016-2017 school year; additionally, staff recommends an immediate review of the BUSD Master Plan for English Learners.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent      
FROM:       Pasquale Scuderi, Assistant Superintendent for Educational Services
Natasha Beery, Director of BSEP
DATE:        March 23, 2016
SUBJECT: Recommendation for Allocation of BSEP Class Size Reduction Funds in FY 2016-17

BACKGROUND INFORMATION:
In compliance with The Berkeley Public Schools Educational Excellence Act of 2006 (BSEP/Measure A), the BSEP Planning and Oversight Committee develops annual recommendations in conjunction with District staff for the allocation of funds for each Purpose of the Measure. 

The following recommendation is for the allocation of funds for the Purpose of Class Size Reduction, Expanded Course Offerings, Counseling Services and Program Support in accordance with BSEP Measure A, Section 3A:

Reducing Class Sizes at all K-12 schools, expanding course offerings at all secondary schools, and providing counseling services at each of the District’s middle schools.

The goals for the class sizes to be achieved with these revenues are District-wide Average Class Sizes of 26:1 for the elementary schools grades K-5, 28:1 for the secondary schools, and 18:1 for continuation high school and other secondary opportunity programs. Average class sizes in the K-3 grades shall be reduced to 20:1 as long as state class size reduction funds are provided for that purpose at a level not less than currently funded by the State.

After resultant class sizes meet the goals stated above, additional teachers may be added first to allow for expanded course offerings and then for program support in schools in so far as the funds permit.

This recommendation was presented to the BSEP Planning and Oversight Committee on February 23, 2016 and adopted by the Committee on March 8, 2016.

Program Summary

Class Size Reduction Staffing in the 2016-17 School Year

This recommendation is based on the following assumptions:

• Staffing enrollment of K-12 students is projected at 9,517.
• Total average compensation (includes salary and employer paid fringe benefits) of classroom teachers is projected at $102,344, an increase of $8,844 per FTE over the prior year projection. This includes the increase in the State Teachers Retirement System (STRS) contribution from 10.73% to 12.58% in FY 2016-17. 
• BSEP revenue for the CSR fund in FY 2016-2017 is projected at $16,165,814.
• The indirect cost rate for FY 2016-17 is 6.41%. 
• General Fund revenue is projected based on the Governor’s budget of January 2016.

The class size reduction is achieved with General Fund monies being used to establish a ratio of 34:1 for the K-5 grades and 36:1 in grades 6-12, and BSEP CSR funds used to reduce the pupil-teacher ratios to the lower class sizes.

According to the BSEP measure, class sizes in the K-3 grades shall be reduced to a district-wide average of 20:1, as long as State Class Size Reduction funds are provided for that specific purpose. Under the Local Control Funding Formula, funding for the K-3 Class Size Reduction Program changed, and the state CSR target for K-3 is now a school-wide average of 24:1, and funding allocated to that purpose was reduced to $1.9 million, rather than the $2.6 million previously awarded to BUSD for the 20:1 ratio. However, the District has determined to maintain K-3 class sizes at 20:1 for the remainder of the measure.

The staffing formula used for secondary schools in FY 2016-17 is that defined in the BSEP Measure, section 6.B: student enrollment x 6 class periods per day/per student, divided by 5 teaching periods, divided by average class size objective of 28:1.

This calculation results in a total of 447.38 Full Time Equivalent (FTE) classroom teachers projected to be necessary to staff the K-12 classrooms at the ratios listed above, of which BSEP would fund 136.48 FTE teachers (including the associated preparation time for BSEP funded teachers), a decrease of .75 FTE from the previous year’s plan.

To meet these targeted class size reduction goals, the expense to the BSEP Class Size Reduction fund in 2015-16 is projected to be $14,611,300. This figure includes the FTE compensation, substitute compensation, as well as “direct support,” which is operational and other costs associated with opening and maintaining additional classrooms. The attached “Teacher Template” details this recommendation. (Attachment A)                                   

It should be noted that enrollment projections are reviewed both prior to presentation of the budget to the Board for adoption in June, and again in early September after the actual enrollment has stabilized. The actual expense for the BSEP transfer to the General Fund for classroom teachers is calculated at the close of the Fiscal Year.

Discretionary Expenditures:

Expanded Course Offerings, Counseling Services and Program Support

After the class size goals are achieved, the BSEP Measure stipulates that BSEP CSR funds may be used for secondary purposes (often referred to as “Page Two” of the CSR fund). These purposes include Expanded Course Offerings (ECO), at the middle and high schools, Counseling Services at each of the District’s middle schools, and Program Support.

BSEP revenue growth has not kept pace with increased costs in recent years. In the early years of the measure, during a period of high COLA increases and lower costs, it was possible to fund and even expand programs funded on “Page Two.” Now, with lower COLAs driving lower revenues, alongside higher costs associated with staffing, the reduced CSR fund from the state, and the maintenance of the 20:1 class sizes at K-3, the funds available for “Page Two” are not sufficient to provide BSEP funding for formerly funded programs.  The shortfall is calculated by Business Services to be approximately $1.8M.  

The “Page Two” portion of the CSR fund provides valuable services to our students. The expanded course offerings offer a wide variety of options for students, from AP augmentation classes, which give access to AP coursework for students who might not otherwise have such access, to science labs, yearbook and music classes. Middle school counseling provides social-emotional and academic support to our students at a crucial point in their development.

Included in the area of Program Support are 1.2 FTE teachers for 3/4 and 4/5 combination classes at the TWI schools. The BSEP-funded RtI2 program continues to function as a comprehensive way of tailoring education to meet all students’ needs, using data to make decisions about student learning. This resource has also funded 3.3 FTE for elementary literacy coaches.

Following is the summary of the cost of continuing to fund Counseling Services, ECO classes and Program Support in FY 2016-17.

BUDGET SUMMARY

With a COLA of .47% producing a small increase in revenue, coupled with higher salary costs, the CSR revenue is sufficient to meet class size goals but not to meet remaining purposes. The attached CSR FTE Planning document demonstrates the deficit spending beyond the capacity of the fund balance. The Board has been hearing staff recommendations regarding alternative funding sources to support the remaining purposes that have previously been supported by BSEP funding. 

In summary, the recommendation for the expenditure of the BSEP Class Size Reduction monies in FY 2016-17 is:

Projected Expenditures
Interfund Transfer to General Fund 
Classroom Teachers                 $13,967,700
Illness Substitutes                                 251,900
Direct Support                        391,700
Expanded Course Offerings (7.6 FTE)                  813,653
Middle School Counseling (4.8 FTE)                     516,800
Program Support (10.6 FTE)     1,097,000
Indirect Costs     1,092,184

Total Expenditure Budget          $18,130,937

Revenue Allocation  $16,165,814
Projected Beginning Fund Balance  $90,376

Net Shortfall $1,874,747

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Para. 3A, Measure A of 2006).

FISCAL IMPACT:
Expenditure of $16,256,190 (Revenue Allocation and Fund Balance) from BSEP Class Reduction Funds, and an estimated $1,874,747 will be necessary from General Fund to meet program needs. The Board has approved up to $2 million from the General Fund if needed. 

STAFF RECOMMENDATION:
Approve the recommendation for the allocation of BSEP Class Size Reduction Funds in FY 2016-17 (BSEP Measure A Resource 0841).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Board of Education
FROM:           Policy Subcommittee
DATE:           March 23, 2016
SUBJECT:    Board Policy 7310: Naming Facilities

BACKGROUND INFORMATION:
On August 26, 2015, the Board directed the Policy Committee to review Board Policy 7310 and to establish, in more detail, a process for naming and renaming school sites and school facilities. On February 9, 2016, and again on February 26, 2016, the Policy Committee discussed and reviewed possible amendments to BP 7310 as well as a new administrative regulation (AR 7310) and exhibit (E 7310). The Policy Committee took action on amends to BP 7310 and a new AR/E 7310 on March 8, 2016 and presented them to the Board for first reading on March 9, 2016. The revised version of BP 7310 is now being submitted for approval. 

POLICY/CODE:
Board policy 7310

FISCAL IMPACT:
None

RECOMMENDATION:
Approve BP 7310.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent
FROM: Dr. Susan Craig, Director of Student Services
Pasquale Scuderi, Assistant Superintendent for Educational Services
DATE: March 23, 2016
SUBJECT: Policy on Recess Restriction 

BACKGROUND INFORMATION:
On November 19 of 2014, the Board adopted policy to guide and regulate the use of recess restriction within the district. Under the adopted policy a teacher is authorized to restrict, for corrective purposes, the time a pupil under their supervision is allowed for recess. The policy, adopted in accordance with Education Code provisions, authorizes the use of recess restriction in select and appropriate situations with protective guidelines that limit the reasons for which recess can be restricted, limit the duration of these recess “time outs,” and ensure that the expected behaviors are discussed and clarified for students before and after the recess restriction consequence is issued.

Staff is at present not requesting that the Board make modifications to the policy, but is committed to working on the further refinement of key aspects of its implementation as detailed below.

Staff and the Board recognize the value of recess and play as being important in the social, emotional, physical, and cognitive development of children. Accordingly, the adopted policy, attached here, was developed with input from principals, behavior specialists, and teachers, and is considerably more specific and protective than the standard template most districts use with regard to the application and limits of this corrective strategy. Recess “time outs” can be an effective tool for helping children to learn self-regulation and constitute one of the few tools that exist as an alternative to office referral or suspension at the elementary level.

The proposed policy ensures among other things, that no student will ever have their recess restricted for more than 10 minutes in a single day. Additionally, the policy gives direction that teachers or administrators should first seek alternatives to recess restriction and employ adopted social and emotional learning strategies in a manner consistent with our positive behavioral support systems. Other means of correction staff believes are being employed consistently prior to recess restriction include speaking to the child individually, redirecting the child multiple times, temporarily moving the child's seat in the class, checking in with the child upon arrival to class, utilizing Toolbox strategies, and notifying parents of concerns; elsewhere behavior contracts and positive incentive charts are also being employed prior to the restriction of recess.

Toward that end, all BUSD elementary schools are developing and in some cases already utilizing restorative practices, as well as specific strategies and curricula, including Positive Behavior Intervention and Support (PBIS), Toolbox, and Welcoming Schools to support positive school climate and appropriate or improved student behavior.

In the lead up to the adoption of the policy, staff recommended that if the district at any point sought to further prohibit or expand the use of recess restriction as a consequence, that it be  done collaboratively with site administrators, teachers, and parent groups to make certain that alternatives and options are recommended and that the resources to make those alternatives effective are in place. A district restorative practices committee made up of a board member, teachers, administrators, counselors and classified employees is at present developing a matrix of restorative and/or positive alternatives for correcting or improving behavior along with an estimate of what resources will be required to develop and implement those alternatives effectively.

Our policy at present allows teachers and administrators some discretion to utilize recess restriction in a limited way where it is reasonable and appropriate to do so, and where other means of correction do not change or improve behavior. This policy is, broadly, intended to mitigate excessive or inappropriate application of recess restriction as a consequence while also providing guidance and assistance to educators, both, administrators and teachers, with frequent decisions that require them to consider a number of factors in very brief periods of time as they do their challenging work with children.

Related Data

This report represents the District’s first report on the use of recess restriction since the adoption of the policy.

Data on the use of recess restriction during the 2014-2015 school year and the first semester of the 2015-2016 school year is being presented in an accompanying PowerPoint presentation. Much of the data must be seen with qualification (inconsistencies in data entry across sites) and a shared understanding that BUSD is still refining protocols for recording recess restriction in the student database.

At present, the policy requires teachers to report individual incidents to principals who in turn must manage the obligation to inform parents if a student has their recess restricted twice in one week, or three times in a month. Principals are reviewing that notification obligation with teachers at upcoming staff meetings and through internal communications.

Elsewhere one of the most observable impacts of the adopted policy is that principals report that incidents of recess being restricted as a result of incomplete homework have declined to almost zero with the outliers to that prohibition merely requiring a policy reminder as a remedy.

The data, although it must be qualified, suggests patterns that are consistent with suspension trends in BUSD, including a decrease in the use of recess restriction District-wide in 2015-2016 as compared to 2014-2015.

Elsewhere, use of recess restriction for African American students and students with IEPs is also noted, and parallels a comparable challenge, locally and nationally, with regard to disproportionality in multiple forms of discipline data.

Other observations in the data:

• Recess restriction was used more in grades 2 and 3 as opposed to other grades

• The most common reasons documented for recess restriction included physical contact, disruption, and non-compliance

• Most incidents for which recess restriction was assigned occurred in the classroom and playground

• It is also encouraging to see the overall rate decreasing this year.   
  

The data presented requires careful contextualization as sites are still working to refine their capacity to record data. 

One of the key discoveries in the review of the data were the issues inconsistencies in recording recess restriction across sites. This is an important point because sites that were more thorough in recording entries appear to have higher rates of recess restriction than sites that were less consistent. 

An important way to consider the data given those concerns is provided in the following sample:

At Rosa Parks, recording of the incident data was in our estimation most thorough. When looked at in comparison to other schools the number of recess restrictions reads as the highest. However, with 485 students and 180 days with 2 recess opportunities per day, there were 174,600 recess opportunities at Rosa Parks last year (485 x 180 x 2 = 174,600).

Rosa Parks recorded a total of 362 partial recess restrictions in 2014-15 out of 174,600 recess opportunities. This means that 99.8% of all recess opportunities were accessed by kids. 

Only .02% of all recess opportunities during the year were partially restricted. 

This was on top of a zero percent suspension rate last year, and allows us to infer that recess restriction is being used in a comparably limited fashion, especially when we consider that students are not restricted for the whole recess period given the 10-minute maximum that the policy dictates.

This is not to suggest that the issues of disproportionality and the need to monitor the use of this consequence do not require consistent attention and action, but rather to provide some context regarding the comparative frequency of its use as a corrective strategy.

Resources and Training in Alternatives

Where the policy seeks to guide and ensure the reasonable application of this particular behavior strategy, BUSD is nonetheless continuously seeking effective alternatives for managing student issues and facilitating improvement in a student’s overall social and behavioral well being.

The Restorative Practices Advisory Council, recently convened and referenced above, is at present developing a set of recommendations. Those recommendations will ultimately include additional and alternative positive and restorative responses to behavioral concerns as well as the resources, staff development, and support that will be needed to make those alternatives effective.

Other Findings, Questions, and Next Steps

• Clarify the role of classified staff with regard to this policy
• Universalize recording procedures 
• Engage principals to continue to consistently monitor the use of this consequence and ensure that the policy is reviewed at regular intervals with staff
• Ensure that principals are monitoring the practice in relation to the current overrepresentation of students with IEPs and African American students 
• Prepare to utilize forthcoming recommendations from the Restorative Practices Advisory Committee for additional or alternative strategies 

POLICY/CODE:
Ed Code Section 44807.5

STAFF RECOMMENDATION:
Maintain the current policy.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D, Superintendent
FROM:     Pasquale Scuderi, Assistant Superintendent, Ed Services
DATE:     March 23, 2016
SUBJECT:      Update on the Implementation of Next Generation Science Standards (NGSS)

BACKGROUND INFORMATION:
The National Research Council, the National Science Teachers Association, the American Association for the Advancement of Science, and Achieve were the lead partners in the two-part process to develop the Next Generation Science Standards (NGSS). The joint executive summary on the standards prepared by those partners includes the following:

Never before has our world been so complex and science knowledge so critical to making sense of it all. When comprehending current events, choosing and using technology, or making informed decisions about one’s healthcare, science understanding is key. Science is also at the heart of the United States’ ability to continue to innovate, lead, and create the jobs of the future. All students—whether they become technicians in a hospital, workers in a high tech manufacturing facility, or Ph.D. researchers—must have a solid K–12 science education.

This evening, alongside teacher leadership from K-8 and Berkeley High School, staff will briefly update the Board on this year’s efforts to lay the foundation for implementation of the standards and discuss goals for increased integration next year.

The presentation will cover progress and goals relative to the standards in the areas of staff development, equipment and instructional materials, as well as methods for assessing and analyzing student growth.

The chart below shows current and recently approved investments for common core via the general fund.

With the CCSS implementation funding detailed above staff has engaged in the following during the 15-16 school year:

• All K-3 classroom teachers have had a series of "NGSS 101" PD sessions, from which they will understand the shifts implied by NGSS and be able to teach one grade level science and engineering "task" (meaning something between a lesson and a unit, which can potentially yield some formative assessment information about students' science proficiency)
  
• Grades 4 and 5 science release teachers and grades 4 and 5 classroom teachers - this is the area that needs more thought.
  
• Grade 6 teachers strengthen NGSS-aligned integrated course.
  
• Grade 7 teachers roll out NGSS-aligned integrated course.
  
• Grade 8 teachers teach "NGSSified" units that align to previous 8th grade content standards and new 8th grade NGSS (areas of overlap).
  
• K-8 science teacher leaders at each site who manage materials, lead site NGSS PD, pilot NGSS-aligned curriculum, and develop implementation plan.
  
• A K-12 NGSS implementation plan created by teacher leaders (right now this is strong and clear in grades 6-8, less so in other grades). Finalized early next school year.
  
• AVID teachers trained in STEM curricula (how to support AVID students in science and math), and science and math teachers trained in AVID strategies.
  
• Some kind of "sacred event" for science that gets students, parents, and community members excited about science.

Additionally, the presentation provides an opportunity to update the Board on our developing progression of a more integrated science curriculum throughout K-12; one that emphasizes science and engineering practices, insists on a more inquiry-based brand of teacher facilitation, and provides for new opportunities to use demonstration or practice/project oriented modes of assessing student growth.

FISCAL IMPACT:
$286,000 between SY 2015-2016 and SY 2016-2017

STAFF RECOMMENDATION:
Accept the report.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Policy Subcommittee
DATE: March 23, 2016
SUBJECT:  Board Policy 1312.3 & Administrative Regulation 1312.3: Uniform Complaint Procedures

BACKGROUND INFORMATION:
On February 26, 2016 and again on March 8, 2016, the Policy Committee reviewed and discussed two categories of amendments to BP 1312.3 & AR 1312.3, which govern the Uniform Complaint Procedures.  These amendments are now presented for first reading.

First, we present amendments to the BP and AR clarifying that revisions the Board approved on June 24, 2015 do not preclude the use of restorative justice in appropriate cases. 

The Board approved a revised BP 1312.3 on June 24, 2015.  This revision followed a Board discussion on May 20, 2015 (see 8:40 to 20:00, and summarized at 30:35 here: https://vimeo.com/128663762) about whether to allow restorative justice in cases involving sexual harm.  There was a lack of consensus among the Board members at the time about the propriety of using restorative justice in cases of sexual harm, and the matter was referred back to the Policy Subcommittee.  The final version of the BP was passed on consent on June 24, 2015 without further discussion.

District staff is currently constrained by BP 1312.3 from exploring restorative justice as an option in sexual harm cases.  This constraint is antithetical to the expressed desire of the Board to use restorative practices in lieu of exclusionary discipline when possible and where appropriate.  We do agree that mediation is inappropriate as a method of resolving allegations of sexual harassment and sexual harm.

The amendments to the BP and AR presented here clarify that the BP and AR are not meant to preclude the use of restorative justice in any case.  Whether restorative justice is actually used remains in the discretion and judgment of the Superintendent and/or his designees, including the Director of Student Services and the Title IX Coordinator, and with the consent of all parties.  On the the Policy Committee’s agenda for this semester is the development of regulations establishing standards for restorative justice practitioners in certain cases, such as those involving sexual harm.  We expect those to be presented to the Board for approval by the start of the Fall semester.  In the meantime, we do not want to tie the hands of District staff by removing the possibility of restorative justice in certain types of cases.

Second, we present amendments to the BP and AR that conform to new legislation stating that any complaint that the district has not complied with requirements regarding the education of homeless or foster students, as specified in Education Code 51225.1 or 51225.2, may be filed under the district’s Uniform Complaint Procedures.

POLICY/CODE:
Board Policy 1312.3
Administrative Regulation 1312.3

FISCAL IMPACT:
None

RECOMMENDATION:
To receive Board Policy 1312.3 and Administrative Regulation 1312.3 for first reading.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
Maggie Riddle, Director of K-8 Schools
Michelle Sinclair, Director of Professional Development
DATE: March 23, 2016
SUBJECT: Professional Learning Communities (PLC) Update

BACKGROUND INFORMATION:
BUSD is investing in Professional learning Community (PLC) training in order to promote professional communities that embody an ongoing process in which our staff works collaboratively in recurring cycles of collective inquiry and action research to achieve better results for the students we serve.

Professional learning communities are designed to operate under the assumption that the key to improved learning for students is continuous job-embedded learning for educators. We are investing in PLC training as a form of professional development for our staff that focuses us on a collaborative and well- informed approach to improving student achievement outcomes.

Our goal is to build the capacity of our staff to focus on student work to guide all tiers of instruction. Essential to the PLC work is the use of the four big questions that guide professional inquiry and subsequent instruction:  

• What do we want our students to learn?
• How do we know they are learning it?
• How will we respond when they don’t learn?
• How will we respond when they do learn?

Analysis of the four questions leads teams to action- oriented practices that are specifically geared to addressing student learning needs. This is true for work in all tiers of instruction, including those addressed in the general education classroom, during intervention programming, counseling, and all site based meeting structures.

Participants in this year’s PLC trainings have included: Principals, District TSAs, Coordinators, Directors and the Assistant Superintendent of Educational Services.

Each TK-8 site has participated with teams consisting of Principals, and Coordination of Services team members, as well as classroom teachers and specialists.  Over 100 BUSD staff members have attended the 3 full trainings. Site and District administrators also attended a one- day specialized training.

Additionally, Principals and staff who attended the PLC trainings led their sites in a PLC orientation session for all staff during the January 25^th K-5 Staff Development Day. 

All of our TK-8 sites are well in to implementation of the PLC formal structures. PLC structures are being implemented during Coordination of Services meetings, grade level collaboration time, whole staff meetings, and department meetings. While sites are at varying levels of implementation, the PLC model and trainings have inspired staff in using student work to inform practice, and to use the formal PLC structures to develop and pursue measurable goals.  Site administrators report tremendous enthusiasm for the PLC work and structures.

The PLC trainings were held on 9/18/15, 10/29/15, and 12/11/16. There was also a separate PLC training for Administrators on 10/1/16.

Next year we will expand the training to include additional classroom teachers, as well as another round of training for site administrators. 

PLC Training Model 

Richard DuFour, Robert Eaker, Rebecca DuFour, and Mike Mattos—the architects of PLC at Work™— are among the foremost authorities on applying PLC principles in the real world of schools. They consult with state departments, professional organizations, and school districts worldwide on strategies for improving schools.

Becoming a PLC is an ongoing process in which educators work collaboratively in recurring cycles of collective inquiry and action research to achieve better results for the students they serve. PLCs are driven by three big ideas: focus on learning, build a collaborative culture, and create a results orientation. The PLC at Work™ process is increasingly recognized as the most powerful strategy for sustained, substantive school improvement. 

Kim Bailey: Solution Tree Presenter and Trainer for BUSDs PLC Work

Kim’s education background spans 38 years, and her work at Capistrano has won national praise. The National School Boards Association (NSBA) recognized Kim’s leadership in coordinating and implementing the district’s Professional Development Academies. The academies received the distinguished NSBA Magna Award and the California School Boards Association Golden Bell Award. Kim has served on the Committee on Accreditation for the California Commission on Teaching Credentialing.

As a writer and consultant, Kim works with educators nationwide to build effective leadership of PLCs. She is passionate about empowering teams with practical, collaborative strategies for aligning instruction, assessment, and interventions with the standards so that all students receive high-quality instruction. 

FISCAL IMPACT:
$40,000 LCAP Supplemental Funds

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.

To what degree did we . . .

• frame agenda items with an introduction and a closure summary?
• allot time to agenda items proportionate to complexity, critical impact and timeline deadlines?
• address the fundamental  problem at the root of issues, not just the symptoms?
• model mutual respect, effective interpersonal communication and civility?