Board of Education: Board Policy Meeting

AGENDA

Josh Daniels, Chair
Ty Alper, Director
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1. Call to Order/Approve Agenda
2. Public Comment
3. Approve Board Policy Meeting Minutes for Jan 29, Feb 9 and Feb 26, 2016 - Action
4. Board Bylaws 9321 & 9321.1-Action (30 min)
5. Board Policy: Interaction with Law Enforcement – Discussion (30 min)
6. Update Board Policy Calendar – Action

Board Policy Subcommittee Minutes
Room 126
January 29, 2016
3:00 -4:00pm

______________________________________________________________________________________

Director Daniels called the Policy Subcommittee Meeting to order at 3:02pm

Roll Call
Josh Daniels, Chair – Present
Ty Alper, Director – Present
Donald Evans, Superintendent – Present by phone
Lyz Chairez, Recorder – Present

Approval of Agenda
Daniels moved to change order of agenda as follows:

1. 1.V. Outline for Student Intervention
2. 2.III. Board Bylaw 9200: Limits of Board Member Authority
3. 3.IV. Board Bylaw 9310: Policy Manual

Motion to approve agenda as amended by Daniels:
Daniels/Alper and approved unanimously 2-0 

Public Comment
Lilly Chen, Statewide Ed Rights attorney:
Works with districts to address school climate and says she was pleased to find out that BUSD is looking at new student intervention policies. She commented on the draft policy and stressed the importance of tailoring it to what is happening on the ground.

BHS teacher of 11 years shared the expulsion process experienced by one of his students. He explained that the student involved maintained a spotless record for two and a half years, but was granted zero tolerance after being accused of the offense. He said it seemed that there was no care shown in this case. It is our responsibility, he added, that students feel protected by us, not prosecuted.

A BHS co-lead/teacher echoed previous teacher’s remarks with respect to the student. She expressed concerns about students who are not supported by their teachers in these kinds of instances. This student had a group rally behind him, but not all students can count on this kind of advocacy.

Paula Phillips, BCCE President, commented on policies impacting classified employees. She asked how the policies on technology use and drug free workplace are implemented in BUSD.

Outline for Student Intervention
Daniels provided a quick overview. He said work on this began with previous policy committee. There has been much discussion about revising and adopting a discipline policy with a broader focus outside of a punitive approach. The general focus so far is outlined as more of an intervention policy as opposed to a discipline policy. Identifying areas where we can make quick progress should be addressed quicker and areas that require more discussion/work could be addressed at a later time.

Alper added that the intervention approach is appropriate. He suggested that we codify principles that we wish to capture in the policy after identifying what components to address (e.g. due process, limitations on interventions).

BHS Teacher said the policy should have an educational approach. How can we educate the student, rather than how do we punish? We are an educational institution, not a punitive system.

Paula added that we should consider the policy’s impact on classified staff. 

Evans added that the process should also include monitoring of the implementation of restorative justice practices.

Alper will be proposing some charging orders in subsequent meetings. He shared some of the principles he noted for the following:

• Process and extension of suspension
• Interaction b/w RJ and zero tolerance cases
• Teacher role in expulsion hearings
• Role of legal counsel in hearings
• Clarity on the role of the Board
• Does the Board intervene with suspensions at elementary level?
• Look at willful defiance
• Look at record expungement
• Ensure compliance with policies

He proposed that we defer to him and Susan a couple of the areas for which they should frame some language.

BB 9200: Limits of Board Member Authority
Daniels explained that he made revisions to this policy based on previous revisions made by a former consultant.

Alper noted that the added paragraph was already part of BP 1312 and suggested some edits 

Motion to adopt BB9200 with the addition of second paragraph and with Alper’s edits:
Alper/Daniels and unanimously approved 2-0.

BB 9310: Policy Manual
Daniels said the goal was to codify some of the language. 

Alper suggested some language change to this policy.

The policy states that there are some instances that the Board may choose to approve an Administrative Regulation (AR). Superintendent Evans clarified that the Board should not weigh in on the ARs.

Motion to adopt BB 9310 as amended by Daniels and Alper:
Daniels/Alper and approved unanimously 2-0.

Update Board Policy Calendar

Alper requested that we revisit discipline at every other meeting.

Policies to consider at the next policy meeting on 2/09:

• Board Bylaws (30 min)
• Board Policy: Hate Speech (10 min)
• Board Policy: Naming Facilities (30 min)

Motion to approve Board Policy calendar as amended:
Alper/Daniels and unanimously approved 2-0.

Meeting adjourned at 4:21pm. 

Board Policy Subcommittee Minutes
Room 126
February 9, 2016
3:00-4:30pm

Director Daniels called the Policy Subcommittee Meeting to order at 3:09pm.

Roll Call
Josh Daniels, Chair – Present
Ty Alper, Director – Present
Donald Evans, Superintendent – Present
Lyz Chairez, Recorder – Present

Approval of Agenda
Daniels moved to change order of agenda as follows:

1. 1.V.  Board Policy: Hate Speech
2. 2.VI. Policy Calendar
3. 3.IV. Board Bylaws
4. 4.VII. Naming Facilities

Motion to approve agenda as amended by Daniels:
Daniels/Alper and approved unanimously 2-0

Public Comment
Susan Craig responded to some comments made at the last meeting criticizing the District in its disciplinary actions. 

Board Policy: Hate Speech
Superintendent Evans stated that the policy should more explicitly outline the District’s response.

Craig explained that the way we respond is more a part of the BP than it is the AR. 

Alper agreed and said it could be a part of both the AR and BP. 

Daniels added that if the focus is on the response more than it is on the policy, this should be more of a safety plan. 

The Superintendent stated that the policy should outline:

• Whether our response is focused on the student directing threat or on the targeted students to whom threat is directed
• How we respond to violence/threat that impacts a community
• Protocols for responding to acts of hate

Daniels referenced BP 0450 to help guide the protocol implementation. 

The policy committee agreed to change this policy from hate speech to community-focused threats. Alper will report this change during board member comments at the Feb 10 board meeting.

Approval of Board Policy Minutes for Jan 7
Motion to approve Board Policy minutes of Jan 7:
Daniels/Alper and unanimously approved 2-0. 

Board Bylaws 9320-9322
The policy subcommittee went through the language and made some revisions. Daniels will bring back a revised version reflective of these changes.

Naming Facilities
Alper noted that naming a facility after someone dead or alive is inconsistent and he also suggested deleting the paragraph about memorials. 

With respect to the criteria for conducting a review of whether the name of a facility is appropriate, the subcommittee agreed that there should be at least one-third of, instead of 100, students officially enrolled petition a name change request.

Daniels proposed that we create an exhibit. The Policy Committee continued discussion around the criteria in naming a facility after a person based on his/her contributions. 

Alper and Daniels will continue to review this AR and will present some options at a subsequent meeting.

Tim White, Director of Facilities, suggested adding standards and implementation of new signage.  

Policy on naming facilities will be revisited at the next meeting. No action was taken. 

Update Board Policy Calendar
Policies to consider at the next policy meeting on Feb 26:

Board Bylaws
Naming Facilities
Discipline
Complaints
Uniform Complaints Procedures & Restorative Justice

Motion to approve Board Policy calendar as amended:
Daniels/Alper and unanimously approved 2-0 

Meeting adjourned at 4:44pm.

Board Policy Subcommittee Minutes
Room 126
February 26, 2015
3:00-4:30pm

Director Daniels called the Policy Subcommittee Meeting to order at 3:03pm.

Roll Call
Josh Daniels, Chair – Present
Ty Alper, Director – Present
Donald Evans, Superintendent – Present by phone
Lyz Chairez, Recorder – Present

Approval of Agenda
Alper moved to begin with BP/AR 1312.3.

Motion to approve agenda as amended:
Alper/Daniels and unanimously approved 2-0 

Public Comment 

Jasdeep Mali, an intervention team member at BHS, shared she has been involved in the sexual harassment training. She expressed concern about possible grey areas and would like to see more options for student support. She sits on the restorative justice (RJ) committee and is looking forward to seeing change of language in policy. 

A BHS teacher stated that the policy should include how we are educating students at every grade level on good choices. He would like to see some alternatives to zero tolerance and suggested that the District look at other organizations’ zero tolerance models. 

Susan Craig commented on the grey areas and said she takes it personally as she is the gatekeeper for the expulsion process. Decisions are not made lightly. She is in favor of very carefully being able to implement restorative justice as it takes a high level of expertise. She is excited about the direction we are going in.

An Impact Justice representative echoed that the primary piece is prevention. There are many ways to think about prevention. In restorative processes it is important to make it safe for all individuals involved to talk. It is also about having accountability at the center of these situations, especially when society has presented sexuality to our young people in a negative way. She said this requires a different response than the punitive model. Impact Justice is happy to help with protective mechanisms both for expulsion, juvenile justice and reentry, and to ensure that the process is inclusive from the beginning.

A second Impact Justice representative commented on the difference in RJ:

• The facilitator is not neutral (he/she would have met with all parties ahead of time).
• The process is completely voluntary for victims as it is victim oriented.
• It is an accountability that encourages the accused to take responsibility for actions and repair the harm.
• All information is confidential. It is a truth seeking process.

Oakland Police receives training in all of these areas.

BP/AR 1312.3 (40 min instead of 45)

Alper proposed some amendments to BP/AR 1312.3. It currently arguably prohibits RJ in sexual assault cases (addition bolded on p.3 of BP). 

Daniels expressed concern in including this addition if OCR has not distinguished ODR and RJ in writing. He further explained that if we can be confident that the person without power is generally the focus, this places pressure on the person running the process. It puts the victim in a vulnerable place.

Craig said that she was initially opposed to it, but has changed her mind in reconsidering how the victim and accused are impacted by process. She is open to allow the change only if Impact Justice leads it.

Participants discussed the proposed added language presented by Alper. 

Before bringing it to the Board, Daniels suggested we make it clear that consent should be written not verbal, include training protocols in the AR, and ensure consistency in consent and implementation of RJ.

Expulsion/Hearing Process

Alper explained that goal is to layout a series of positions for which he wanted to know if there was consensus among members of the policy committee.

Under Overarching Principles, Daniels suggested more clarity in how we define the offense.

Under Extension of Suspensions, Alper said that when a student is up for expulsion he/she is out of school for an extended period of time. He proposed that we limit suspension extensions to extraordinary circumstances. He asked: What approach do we take to avoid instruction interruption? In a 30-60 day suspension in anticipation of expulsion hearing, what is the role of staff and the Board? It is risky to have people that are not aware of all details and are not properly trained make final decision/recommendation?

Daniels said he’d be more comfortable if the Superintendent was the only one signing for approval of extensions in suspensions in anticipation of expulsion. He added that the process of determining if a suspension is brought to the Board should be more clearly outlined. 

Naming Facilities: BP 7310
Daniels proposed that a threshold percentage be required in order to consider a request for naming facilities. Part-time and full-time staff vote should be equally counted.

Daniels presented two options for naming a facility after a person. The committee agreed on option 2. 

Daniels made changes to the language reflective of Alper and White’s input. 

This item will come back at the policy subcommittee on March 8 for action. 

Motion to approve BB 9320 and BP 1312:
Daniels/Alper and unanimously approved 2-0.

Update Board Policy Calendar
Policies to consider at the next policy meeting on March 8:
Naming Facilities
Discipline
Student interaction with law enforcement
UCP and RJ

Motion to approve policy calendar as amended:
Daniels/Alper and unanimously approved 2-0

Meeting adjourned at 4:35pm.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Board Policy Subcommittee
FROM:            Josh Daniels, Chair
DATE:           March 25, 2016
SUBJECT:  Board Bylaw 9321-9321.1

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.

The Board Policy Subcommittee will be reviewing Board Bylaws 9321 (Closed Session Purposes and Agendas) and 9321.1 (Closed Session Actions and Reports). 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Policy Subcommittee
FROM: Ty Alper and Susan Craig
DATE: March 25, 2016
SUBJECT: Board Policy: Interaction with Law Enforcement

Attached is a first draft policy governing District employees' interaction with law enforcement. There is more work to be done on it, but it is a draft for discussion at the March 25 meeting. 

Board Policy Committee – Review of BPs and ARs