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Regular Meeting
Berkeley USD
April 06, 2016 5:45PM
1231 Addison Street, Berkeley, CA 94702

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

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



2. Closed Session Public Testimony
Quick Summary / Abstract:

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

3. Closed Session
Quick Summary / Abstract:

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

3.1. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
Speaker:
Evelyn B
3.1.1. Suspension of Classified Employee #002273
Time Certain:
6:00 PM
Speaker:
Evelyn Bradley
3.1.2. Settlement Agreement with Classified Employee #002273
Speaker:
Delia Ruiz
3.2. Student Discipline (Ed Codes 48900/48915)
3.2.1. Case #1415-11-111002 - Readmission
3.3. Conference with Labor Negotiator (Government Code Section 54957.6) District Representative: Delia Ruiz; Employee Organization: BCCE
3.4. Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator: Legal Counsel Roy Combs) BFT Negotiations
3.5. Conference with Real Property Negotiators (Government Code Section 54956.8)
3.5.1. District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of April 6, 2016
Rationale:

 
 



 






 
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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

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

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             April 6, 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. 



 
Recommended Motion:
Approve Human Resources Reports.
Attachments:
Certificated Personnel Report 04.06.16
Classified Personnel Report 04.06.16
11.2. Approval to Convert .50 TSA to .50 Program Supervisor (Special Education)
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Lisa Graham, Director of Special Education
DATE:        April 6, 2016
SUBJECT:  Special Education – Convert .50 TSA to .50 Program Supervisor

BACKGROUND INFORMATION:
The existing Program Manager position at Berkeley High School (BHS) and Berkeley Technical Academy (BTA) has grown over the years as more students remain for a fifth year of study prior to obtaining a high school diploma. The duties of this position include: supervising and evaluating nearly 60 individual staff members (32 certificated and 25 classified), greater than any other administrator at BHS; managing the special education services for more than 350 students with special needs; coordinating educational programs for students served in alternative settings including Intra-SELPA, Non Public School and AlaCosta Adult Transition, and supervising the Transition Partnership Program (TPP)/WorkAbility grant program. 

The Program Manager provides guidance to staff involved with supporting special education programs including weekly staff meetings and professional development activities; Individual Education Program (IEP) compliance monitoring; interviewing and recommending all special education staff positions at BHS/BTA and BHS campus monitoring and event supervision. 

The assistance of a Teacher on Special Assignment (TSA) position has brought minimal relief to the administrative duties of this position as the TSA is unable to assist with any of the staff evaluations or to provide any direct intervention support for staff issues that arise on site. Converting this TSA position to a Program Supervisor (200 days) position will provide for greater support to the special education students and staff at BHS/BTA. 

POLICY/CODE:
Education Code 39800 

FISCAL IMPACT:
Salaries, including benefits, for the difference between the TSA and Program Supervisor (200 days) position will be paid from the Special Education Budget: $7,012.

STAFF RECOMMENDATION:
In order to continue to provide oversight to the comprehensive high school special education program the recommendation is that the District authorize the conversion of the .50 FTE TSA position to a .50 FTE Program Supervisor (200 days) position.






 
11.3. Board Policy 1312.3 and Administrative Regulation 1312.3: Uniform Complaint Procedures
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Policy Subcommittee
DATE: April 6, 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 were presented for first reading on March 9, 2016 and are now being submitted for approval. 

POLICY/CODE:
Board Policy 1312.3
Administrative Regulation 1312.3

FISCAL IMPACT:
None

RECOMMENDATION:
To approve Board Policy 1312.3 and Administrative Regulation 1312.3.





 
Attachments:
AR 1312.3
BP 1312.2
11.4. Approval of Contracts/Purchase Orders for Services and Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          April 06, 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 The Speech Pathology Group to provide speech and language services to the Early Childhood Education Program at Franklin and King. The cost will not exceed $28,971.2. To be paid for by Child Development Fund. Requested by Maria Carriedo.

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

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

 
11.5. Acceptance of Gifts/DonationsWas edited within 72 hours of the Meeting
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         April 6, 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. Berkeley Public Schools Fund donated $591.23 to purchase science boards for Cragmont Elementary School.
         
  2. Lifetouch National School Studios donated $1,045.98 to be utilized as needed for Cragmont
    Elementary School.
     
  3. Washington PTA donated $4,460 in support of Ken’s Pro Sound work for Washington Elementary School.

  4. King PTA donated $10,000 for the No Filter Special Project and $98.07 to reimburse site for
    physical education supplies for a total donation of $10,098.07 for King Middle School.

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $16,195.28 in donations.

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







 
11.6. Approve Advertisement of the Malcolm X Envelope Rehabilitation Project and Interim Housing Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities 
DATE:         April 6, 2016
SUBJECT: Approval to Advertise the Malcolm X Building Envelope Rehabilitation Project and the Interim Housing Project

BACKGROUND INFORMATION:

On March 9, 2016 the District approved a plan for proceeding with the Malcolm X Elementary School Building Envelope Rehabilitation Project and for providing Interim Housing for classrooms during the course of the construction project on the school.  These will be issued and performed as two separate projects. The designs for both of these projects are scheduled to be completed and approved by DSA by late April. We will schedule the bid for Interim Housing in early May for construction and placement of the portables during the summer break. In May we will bid the Building Envelope Rehabilitation Project.

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 I.    

STAFF RECOMMENDATION:
Approve the advertisement to solicit bids for both projects. 


 
11.7. Consideration of Adoption of Resolution #16-032 in Support of the 2016 Facilities State Bond
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

 

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Executive Director of Facilities

DATE:         April 6, 2016
SUBJECT: Resolution in Support of the Kindergarten through Community College Public Education Facilities Bond Act of 2016.

 

BACKGROUND INFORMATION:

The Kindergarten through Community College Public Education Facilities Bond Act of 2016 (“State Bond Act”) has been approved for the November 2016 ballot. The initiative would provide for state matching funds for school facilities as follows:

  • $9 billion total in state bonds
    • $2 billion for Community Colleges
    • $7 billion for K-12 schools
      • $3 billion for Modernization
      • $3 billion for New Construction
      • $500 million for Career Technical Education Facilities
      • $500 million for Charter School Facilities 

The State Bond Act maintains the current statutory structure for the Leroy F. Greene School Facilities Program that was originally enacted in 1998.  The state has provided facilities matching funds over the last 30 years.  However, the last statewide bond measure was passed in 2006 and those funds are exhausted.  There is a significant backlog of unfunded and unprocessed requests for funding at the state level.  

 

The Legislature and the Governor were unable to reach agreement on a new state bond with changes to program language.  The measure that qualified for the ballot is sponsored by the Coalition for Adequate School Housing (“CASH”) and the California Building Industry Association (“CBIA”).  At this time the Secretary of State has not assigned a designation number to any of the qualified initiatives. 

 

BUSD has benefited from significant state funding for its modernization programs, including over $35 million supplementing Measures A and AA, and over $5 million supplementing Measure I to date. Staff is preparing updated program eligibility information for state modernization funding.  In addition, the State Bond Act continues the very successful state funding to build and modernize district facilities for Career Technical Education programs. This program could supplement several designated projects in the Measure I facilities program. 

 

POLICY/CODE:

 N/A

 

FISCAL IMPACT:

Not known at this time.  State matching funds for future modernization projects, Career Tech Education Facilities.   

 

STAFF RECOMMENDATION:

Approve the resolution in support of the statewide school facilities bond.            



 
Attachments:
Resolution 16-032
11.8. Approve Advertisement of the Blacktop Replacement Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities 
DATE:         April 6, 2016
SUBJECT: Approve the Advertisement of the Blacktop Replacement Project

BACKGROUND INFORMATION:
On March 12, 2014 the Board approved a project to replace the asphalt paving at multiple school sites as needed.  After review of the sites with the Maintenance Department, it was determined that asphalt replacement needed to occur at Hopkins, Willard and Whittier (BAM) at this time.  The design is being performed and we are scheduled to advertise for bids starting April 7.

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 I.    

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

 
11.9. Approval to Accept the Berkeley Arts Magnet Landscape Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         April 6, 2016
SUBJECT:  Accept the Completion of the Berkeley Arts Magnet Grounds Improvement Project

BACKGROUND INFORMATION:
On April 22, 2015, the Board awarded a contract to Guerra Construction Group to improve the grounds at the Berkeley Arts Magnet campus. The project is complete. 

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

POLICY/CODE:
California Public Contract Code 20110- 20118

FISCAL IMPACT:
The project was funded through the Measure AA bond.  The project had change orders of $7,232 or 2.5% of the contract amount.  We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION: 
Accept the project as complete.  



 
Attachments:
BAM Grounds Resolution 16-033
11.10. Overnight Field Trip Requested by John Muir
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         April 6, 2016
SUBJECT:    Overnight Field Trip Requested by John Muir

BACKGROUND INFORMATION:

The following overnight field trip is being requested:

Sempervirens Outdoor School, Santa Cruz, CA, April 26-29, 2016

Approve participation of thirty (30) fifth grade students, 2 teachers and 1 other adult from John Muir Elementary School on a four-day, three-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups.  The group will depart John Muir Elementary at 9:30 a.m. on Tuesday, April 26th, and return at 2:00 p.m. on Friday, April 29th, 2016.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature, appreciation and Eco-literacy.  BUSD will provide transportation.  Students will sleep in gender specific cabins on the grounds.  While there is no cost to the students, the cost of $299 per student will be paid for entirely by the PTA field trip outdoor school fund and parent donations.  No student will be denied access based on inability to pay. Requested by Audrey Amos, John Muir Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the overnight field trip consistent with the District Policies and instructional programs.




 
11.11. Out-of-State AVID Travel to Honolulu, Hawaii - Requested by Willard
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT


TO:  
          Donald Evans, Ed.D., Superintendent|
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         April 6, 2016
SUBJECT:   Out-of-State Travel Request

BACKGROUND INFORMATION:

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

AVID Summer Institute, Honolulu, HI  June 5-8, 2016

Approval for Elizabeth Mueller and Jen Antonuccio to attend the AVID Summer Institute.  This training is for new AVID teachers AVID brings research-based strategies and curriculum to educational institutions in elementarysecondary, and higher education. The AVID System annually provides more than 30,000 educators with training and methodologies that develop students’ critical thinking, literacy, and math skills across all content areas throughout the entire campus, in what we call Schoolwide AVID. Registration, transportation, lodging and meals for this training is funded by AVID & LCAP. Requested by: Patricia Saddler

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

 
11.12. Overnight Field Trip Requested by Rosa Parks
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         April 6, 2016
SUBJECT:   Out-of-State Travel and Overnight Field Trip Request

BACKGROUND INFORMATION:

The following overnight field trip is being requested:

Camping at Presidio, San Francisco, CA, April 21-22, 2016

Approve participation of twenty (20) second grade students, 2 teachers and 9 other adults from Rosa Parks Elementary School on a two-day, one-night field trip to Camping at Presidio in San Francisco. The group will depart Rosa Parks Elementary at 9:15 a.m. on Thursday, April 21st, and return at 11:00 a.m. on Friday, April 22nd, 2016.  Students will participate in hands-on NGSS standards-based science and field work on erosion and will explore different materials and the ways they have eroded differently on the coast over time. Students will also be exploring pollinators related to gardening and will be searching for birds and their adaptations depending on their habitat and diet.  An outside bus carrier approved by BUSD will provide transportation.  Students will sleep in gender specific tents on the grounds.  There is no cost to the students; the trip is funded by a grant through BAWT-Bay Area Wilderness Training Program.  No student will be denied access based on inability to pay. Requested by Paco Furlan, Rosa Parks Principal



 
12. Action Items
12.1. Superintendent's Employment ContractWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Governing Board
FROM:  Judy Appel, Director
DATE: April 6, 2016
SUBJECT: Superintendent's Employment Contract

BACKGROUND INFORMATION:
The Superintendent's current employment contract is set to expire on June 30, 2016.  I was delegated responsibility to negotiate, subject to the Board approval, the terms of a new employment contract with the Superintendent consistent with State law.  The attached draft contract reflects the tentative agreements reached to date. 

The attached draft draws from superintendent and executive contract samples from the California School Boards Association, and also contains many of the terms that exist in the Superintendent's current contract with the District.  The proposed new employment contract includes a three year term from July 1, 2016 through June 30, 2019, one year less than the four year maximum term allowed in the education code.  The proposed contract also includes those provisions required for Superintendent contracts as of January 1, 2016 following adoption of AB215. It clarifies responsibilities, includes future one-time possible bonus provisions, sets a 12 month buy out provision instead of the 18 months, among several other provisions.

The draft does not include a base annual salary amount. The recommendation for the base annual salary beginning with the 2016-17 fiscal year is $248, 416. The law requires that the salary of the Superintendent be discussed and determined by the Board in open session and, as a result, that provision is blank in the draft agreement and will need to be determined by the Board.

POLICY/CODE:
Education Code sections 35020 et seq., Government Code sections 3511.1 et seq., and 53243 et. seq., among others.  

FISCAL IMPACT:
Amount of Superintendent's salary and benefits as determined by Board.

BOARD MEMBER RECOMMENDATION:
Consideration of terms of draft contract, discussion and action to determine salary and benefits, and approval of Superintendent's Contract.



 
Attachments:
Superintendent Evans' Employment Contract
13. Discussion Items
13.1. First Draft Local Control and Accountability Plan (LCAP) Budget for School Year 2016-17
Rationale:

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:       April 6, 2016
SUBJECT:  Local Control and Accountability Plan (LCAP) Update and Proposed Expenditures 16-17


BACKGROUND:
The Local Control and Accountability Plan (LCAP) is intended to be a planning and accountability tool for districts. The plan describes the actions and expenditures from the LCAP supplemental plan that are expected to improve student outcomes. The First Draft LCAP for 16-17 will be presented to the Board on April 6, which will include program action and service recommendations from the Ed Services Team. The purpose of examining the 16-17 expenditures separately is in an effort to expedite direction that will impact some hiring timelines for 16-17. 

On April 20, there will be a study session at the Board Meeting.  The Board will receive and be asked to provide feedback on a new three-year plan outlining supplemental expenditures from July 1 of 2016 through June of 2019. 

On May 4, LCAP a second draft of the new three-year plan will be presented, following additional consultation with teachers, principals, administrators, school personnel, bargaining units, parents and pupils. Accompanying draft two will be an Executive Summary. 

Both documents will be posted on the BUSD webpage, which will provide an opportunity for comments and questions from the community for a period of ten days. On May 18, there will be an LCAP funding update based on the Governor’s May revised budget. Please see the attached LCAP approval timeline.    

This document is intended to update the Board in the following areas: 

  • Stakeholder engagement, a brief description of the process used to engage parents, students, and the community in the development of the LCAP Year Three:
  • Board discussions on the LCAP funded Actions and Services: 

    08/26/2015 Position, Action and Services Update LCAP S Funded
    11/04/2015 EL Coaching Teachers and Progress Support LCAP S Funded
    01/13/2016 Secondary Student Support and Interventions LCAP S. Funded
    02/10/2016 Behavioral Health Partners/LCAP S. Funded
    03/23/2016 Plan for Summer School 2016 with LCAP S Funded Academic Interventions, AVID and Bridge
    04/06/2016 LCAP S Funded Preliminary Staff Recommendations
    04/20/2016 LCAP S Funded Mid-Year Data on Actions and Services - Study Session
    05/04/2016 LCAP Draft and Executive Summary, and Public and Stakeholder comment period opens
    05/18/2016 Impact of May Revise on LCAP S
    06/15/2016 School Site Plans - Elementary Schools; LCAP Public Hearing
    06/29/2016 LCAP Final Plan and Approval; School Site Plans

  • Parent Advisory Committee (PAC) discussions:

    11/02/2015 LCAP Orientation/Family Engagement
    11/19/2015 Math, ELD
    01/21/2016 RTI2, Literacy
    02/23/2016 Behavior Health/Coordination of Services/and Interventions K-8
    03/10/2016 Revised Plan with Budget Projections/Joint Meeting with EAC and DELAC
    03/24/2016 High School Intervention and Programs
    04/21/2016 Draft Plan with Budget
    05/19/2016 Revised Plan with Budget Reflective May Revise

  • Educator Advisory Committee (EAC) discussions:

    09/21/2015 Family Engagement
    10/05/2015 Math
    10/19/2015 Response to Intervention
    12/14/2015 Literacy / EL
    01/11/2016 Coordination of Services
    02/22/2016 BHS Intervention; Budget Projection 16-17
    03/10/2016 Joint Stakeholder Meeting - Mid Year Student Data - LCAP S Funded Services
    03/14/2016 Super Science; Bridge/AVID/16-17 Plan
    04/11/2016 RJ/PLCs/16-17 Plan
    05/23/2016 LCAP Plan Draft review

  • DELAC/ELPAC discussions:

11/03/2015
12/01/2015
01/12/2016
02/02/2016
03/01/2016
03/10/2016
04/05/2016

  • Student Input Session:

Middle School – TBD
High School – TBD 

The state-mandated LCAP template is divided into these three sections: 

  1. Stakeholder Engagement;
  2. Goals and Progress Indicators; and 
  3. Actions, Services, and Expenditures (A) for all pupils, ethnic subgroups, and students with disabilities, and (B) specifically for low-income students, English learners, and foster youth, including (C) a justification of the expenditure of supplemental funds for district-wide services, and (D) a calculation of the amount by which the district must improve or increase services for low income students, English learners, and foster youth beyond what is currently being offered.

The LCAP template continues to be a challenge, our goal is to create a document that is reader-friendly and easily understood by the community.  The draft clusters the proposed goals and actions/services under three focus goals:

  1. Provide high quality classroom instruction and curriculum that promote college and career readiness with academic interventions in place to eliminate barriers to student success.
  2. End the racial predictability of academic achievement by ensuring that all systems are culturally and linguistically responsive to the needs of our students. 
  3. Ensure all school sites have safe, welcoming and inclusive climates for all students and their families, so that all students are in their classes and ready to learn.

Staff is requesting that the Board will provide guidance on the following:

  1. Do the proposed focus goals reflect the District’s priorities for services for all students as well as eligible students and subgroups?
  2. Do the proposed programs, actions and services benefit our low-income students, English learners, and foster youth commensurate with the projected 5 million dollars in supplemental funding? 
  3. Are there any allocations of supplemental funds that cause concern?  

Per BP 0460, Superintendent Evans is recommending that the current Middle School Bridge Program be discontinued for 2016-17.  There will be a reduction in FTE at each Middle School from .60 to .20.  The remaining .20 FTE Teacher at each site will support pre-identified students with the transition from fifth grade to sixth grade by providing case management, academic monitoring and regular communication with the families of these students.  The additional funding will be allocated will be used to fund 1.4 FTE for BHS Bridge, and increase of.2 FTE. 

Given that School Governance Councils are finalizing their Site Plans for 2016-17, it would be helpful to know whether the Board supports the use of supplemental funds to support the actions identified in the plan for next year.  Items in bold text reflect recommended changes for 16-17 from the existing LCAP Supplemental Plan: 

Teacher Coaches at sites for

$877,600

Math Coaches

260,000

Intervention Coordinator/Counselor at BHS (+1)

240,000

TSA to support and retain Teachers of Color

80,000

Restorative Practices (3 FTE – MS + $50K - BHS)

350,000

K-5 Literacy Coaches

238,000

AVID Program in Grades 7-12

155,000

Bridge Program

215,000

ELD Teacher Coaches at sites

907,372

K-5 & BTA Behavior Health

144,000

Coordination of School Based Svcs (from 0.6 to 1.0)

115,000

Bay Area Peace Keepers

20,000

Site Coordinators for Family Engagement

353,000

TSA to support evaluation of LCAP programs

126,449

Science, Technology, Engineering and Math (STEM)(SSSP)

70,000

PLC Training

40,000

Extend Day Intervention, K-12

215,000

LCAP Contingency (2%)

101,159

Indirect Cost Reserve

326,030



Subtotal

$4,833,610

 

Proposed Changes:


Literacy Pre-Teaching Summer Academy:

(1st-3rd Grades at selected Sites)

30,000

Proportionality RTI (0.40, Malcolm X)

40,000

Equity Instruction TSA (0.50 FTE)

50,000

RJ Training (SEEDS) and Elem Pilot

47,000

Placeholder

57,350



Subtotal

$224,350

Grand Total                                                             $5,057,960

Written comments from the public and comments from the PAC, EAC and DELAC on the draft LCAP Actions and Services are due to the Superintendent by 5:00pm on Friday, May 16, 2015.Based on feedback from the Board, from the PAC and DELAC and from the public, staff intends to bring the Final draft of the LCAP to the Board Meeting on June 15, 2016, and there will be a formal public hearing on the LCAP and the district’s 2016-17 budget at that meeting.

The final LCAP will be presented to the board at the June 29, 2016 board meeting.

POLICY/CODE:
N/A

FISCAL IMPACT:
LCAP Supplemental Funds totaling $5,057,960.

STAFF RECOMMENDATION:
Review and discuss the draft of the Local Control and Accountability Plan.

 
Attachments:
LCAP SPRING 2016 APPROVAL MEETING DATES
13.2. BSEP Measure Planning Update: Report on Voter Poll and Community WorkshopsWas edited within 72 hours of the Meeting
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed. D., Superintendent
FROM: Natasha Beery, Director of BSEP and Community Relations
DATE:          April 6, 2016
SUBJECT:    BSEP Measure Planning Update

BACKGROUND INFORMATION:
The local tax known as the Berkeley Schools Excellence Program (BSEP) has contributed significantly to the quality of Berkeley public schools and to the fiscal stability of the school district since 1986. Thanks to BSEP, our schools have smaller class sizes, libraries, music programs, instructional technology, before and after-school programs, professional development for teachers, and other essentials for student success that are not be possible with state funding alone.

The current version of the measure, the Berkeley Public Schools Educational Excellence Act of 2006 (Measure A), expires at the end of Fiscal Year 2016-17, with a renewal to go before the voters on November 8, 2016. The Board will review a draft of the new measure on April 20, with further discussion in May and a decision by June 2016 in order to go on the November ballot.

This update to the board is the final planning report prior to the preliminary draft to be presented on April 20, 2016. Prior planning reports were presented to the Board on March 12, 2014, November 14, 2014, January 28, 2015, June 3, 2015, September 30, 2015, and November 18, 2015.

BSEP Planning Status Report
This report summarizes progress made since the last board report on November 18 in the three major components of the planning process:

  • Educational Priorities: an examination of the components of the current measure and review of key issues related to each area;
  • Budget Models: an analysis of financial scenarios;
  • Public Process: the methods of community input for decision-making

Educational Priorities
The Assistant Superintendent for Educational Services, Pasquale Scuderi, presented to the Board a series of three reports summarizing the development and current status of current BSEP-funded programs, outlining challenges and opportunities in each program area. These reports have been published on the BSEP Measure Planning “Forums and Presentations” webpage.

  1. The Essentials for Excellence: class size reduction, music and performing arts, expanded course offerings and site discretionary funds, libraries and technology – presented September 30, 2015;
  2. Support for Students and Families: including parent outreach, counseling, public information, communication, translation, and community engagement -presented October 14, 2015;
  3. Support for Teaching and Learning: including professional development and program evaluation, and program support – November 18, 2015.       

Budget Models
The Superintendent has convened a Budget Models Workgroup that has met regularly since early 2015 to review fiscal issues related to BSEP resources. The BSEP Planning and Oversight Committee has also reviewed the programs and budgetary components.

Revenue and Expenditures for Models

Previous updates to the Board have outlined the fiscal issues that affect BSEP revenues, including state funding forecasts, current rulings on allowable tax rates for residential and commercial properties, and annual cost-of-living increases. Major components of BSEP expenditure forecasts include enrollment projections, compensation and benefit costs, program elements, and staffing models.

Class Size Reduction (CSR) Resource

The largest element of the current measure, the Class Size Reduction (CSR) component, accounts for 66% of current revenue allocations. The Measure A CSR resource is structured so that after specified class size targets are reached, remaining funds may be expended for middle school counseling, expanded course offerings at the secondary schools, and academic program support. In recent years, the costs of the primary purpose of class size reduction have absorbed nearly the entire BSEP CSR resource, leading to a reduction in other programs and/or a shifting of costs back to the General Fund. In planning for the next measure, the Budget Models Workgroup has examined several alternative models for a sustainable CSR resource, including variations on elementary class sizes and options for reconfiguring structural elements of the measure.

Changing CSR Targets

Prior to 1996, the BSEP measure reduced class sizes to 26:1 in K-5th grades. After the state introduced a Class Size Reduction target of 20:1 for K-3rd grades and provided a significant financial reward for achieving that goal, BUSD was able to qualify for the state CSR fund, thanks to BSEP financial support. However, in 2012, the state funding for CSR was reduced, and the state target K-3 class size was adjusted to 24:1 as a school-wide average.

Difficulties with 20 and 26 in Elementary Schools

Meanwhile, as most BUSD elementary schools are small, many schools encounter logistical issues in the transition from third to fourth grade class sizes. For example, when there are three third grades of 20 (with a total of around 60 students), it is not possible to achieve fourth grades of 26 unless there are “combo” classes (3rd/4th or 4th/5th), or a site chooses to waive the goal of 26, leading to class sizes of 30 or more in the upper elementary grades.

Furthermore, maintaining very small class sizes in the context of our small elementary schools has also lead to devoting most of the available “flex room” space to classroom use, an issue which was highlighted as a possible constraint on the 20:1 ratio when the 2006 measure was being planned.

Class Size Options

The fiscal, facilities, and logistical issues around elementary class sizes have lead to a reexamination of the optimal class size configuration for BUSD schools. The Budget Models Workgroup and Superintendent’s Cabinet have reviewed a number of class size options which would rebalance the elementary class sizes to avoid the 20 to 26 jump, regain flex room spaces, and be more financially sustainable, while remaining below the new state targets for K-3, and further decreasing the average class size in the upper grades. This discussion has been a key element of the public workshops and community conversations over the course of this school year. The discussion model has Kindergarten beginning at 22 or 23 students. Given the current pattern of moderate growth as new families move into the district, school-wide average class sizes would stay under 24 from K-3rd grade and 4th and 5th grade would also be around 24 or 25.

Public Process and Community Outreach
The November 18, 2015 update to the Board reported on the public process at that time: a preliminary phone poll of 400 Berkeley voters conducted in September to assess knowledge and attitudes regarding the BSEP measure renewal, and a public workshop held on October 22, at which 180 participants were asked about BSEP programs, considered tax rates, class sizes, and suggested program priorities. The feedback from the poll and workshop was essentially very positive, with parents, staff and voters voicing support for continuing local funding for public schools. Attitudes toward class size changes and tax increases were mixed, with respondents to the poll and at the workshop seeing both possible advantages and concerns. Many parents and staff at the workshop voiced the wish to maintain current programs and add funding for other student needs, while recognizing that there are limitations to the tax burden for even as supportive a community as Berkeley.

2016 Workshops and Community Conversations

The Superintendent and BSEP Director have made multiple presentations to community groups and hosted a series of workshops and “community conversations” across the district. The scheduled public events are listed in Appendix A. Additional outreach is continuing into April and early May to solicit further input.

The workshops and community conversations begin with a presentation on BSEP history and current programs, along with an examination of the educational and fiscal issues that are germane to the BSEP renewal. Participants are asked first to review multi-year budget scenarios for various elementary class size configurations and discuss the pros and cons of balanced elementary class sizes. Participants were also asked to discuss other current purposes of the BSEP measure, including libraries, music, student support programs, school discretionary funds, technology, etc., and facilitators recorded the input from these conversations using a live chat tool called “Today’s Meet”. 

Each meeting has been summarized for each topic; a preliminary summary of the class size discussion from the first series of workshops and conversations follows in Appendix B, with the remaining workshops and topics to be summarized by the next board meeting.  The community input has been thoughtful and wide-ranging. Overall, there appears to be an emerging consensus toward elementary class size balancing, although there are also concerns and suggestions to be addressed.  T

February Voter Poll

A more extensive voter poll was conducted in late February of 2016, reaching over 600 Berkeley voters, in order to obtain more detail on voter priorities for the BSEP measure.  Highlights of that poll are in Appendix C, and include:

  • A dramatic and positive improvement in the public opinion of the Berkeley Unified School District over the past five years.
  • A high proportion of voters (71%) agree that the BSEP funding for the schools is worthwhile because it has resulted in better schools.
  • When initially questioned about the measure, 70% of voters would definitely or probably vote yes.
  • Support for the tax is consistent across most demographics, including household income, gender, party, white/non-white and homeowner status. There is higher support among those who are parents, students, renters, more recent homeowners, and people under age 55.
  • The measure gained strength when people heard more details about how funds were to be used, even after voters heard about concerns such as class sizes or tax increases. A second question “after hearing more about the measure, would you support” saw growth from 70% definitely or probably voting yes initially to 73%, and from 75% yes including leans to 78% with leans after additional information.

RECOMMENDATION:
Receive and discuss the BSEP Measure Planning Update.


 
Attachments:
Appendix A - Master Schedule for Spring BSEP Planning
Appendix B - Summary of Class Size Discussions
Appendix C - Highlights from February 2016 Voter Poll
14. Information Items
Rationale:


 
14.1. Facilities Plan Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        April 6, 2016
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014. Data in this report are current as of

March 29, 2016. This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.    


 
Attachments:
Facilities Plan Update
14.2. Update on Current Pre-K and BEARS Program and Budget
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Superintendent          
FROM:           Pat Saddler, Director Programs and Special Projects
Aaron Jorgensen, Program Supervisor, Extended Learning
DATE:            April 6, 2016
SUBJECT:     Update on Current Pre-K and BEARS Program and Budget


BACKGROUND INFORMATION:
This is an update on our State Funded Pre-School and BEARS Programs as well as the current and future financial situation.   

The 2015-16 contracts total $2,704,438 for Pre-K and $1,567,072 for the BEARS program. 

The charts below include the additional contract amounts associated with Pre-K programs.

2015-16 Pre-K Contracts

2015-16 BEARS Contract

Head Start
In partnership with Head Start we provide Head Start services to 100 children in our preschools. In this partnership, children who qualify for Head Start receive additional support and are provided with wrap around services.

Quality Counts
Three Preschool sites participated in the Quality Counts Program in Alameda County this year which rates, supports and rewards early care and education programs in our county that serve children with high needs. Quality Counts also helps early care and education providers improve their programs so that children are prepared for kindergarten and to succeed in school and life. Quality Counts evaluated and assessed us on seven elements that are important for quality care and education programs and we earned 4 stars out of a possible 5 at all three preschool sites.

With this high rating, we were able to receive an award of $383,590 to continue to improve the quality of our programs.

This award gave every class $1500 for classroom materials, provided subs for release days to complete some aspects of the assessments, and provided teacher and instructional assistant stipends. Additionally, it provided RtI Tier 2 support, speech support, professional development conference opportunities, laptops, ipads, printers, reading intervention kits, science/math learning kits, classroom rugs, play houses for each site, and the replacement of equipment for activities (mainly tricycles).

Alameda County Pilot Program for our ECE Program

BUSD will be participating in the Alameda County AB833 Pilot next year. 

For the past two years BUSD has been getting a flat rate of reimbursement. However, by participating in this pilot we can now receive reimbursement for the basic rate. If our children are ELs, however, we would be able to add an additional claim factor that we were not able to claim before based on our status as a high rate district.

In addition, BUSD may also, in some cases, claim factors for reimbursement for children who have IEPs. This Pilot agreement will not be finalized by the State for a few more months so we will not know exactly how much our rate will increase by. This is in process with Alameda County and the Board will be updated once those particulars are finalized.

All Alameda County contractors will release their unearned contract funds which will go back to the county, who will then redistribute to raise all Alameda County Contractors daily rate of reimbursement. BUSD has not had an increase to our daily rate in the past two years due to being a high rate district.
 
If the pilot proves successful we hope to see our expenses match our Title 5 contract, therefore possibly decreasing the District's General Fund contribution in future years. 

 Enrollment at the Preschools

 

BEARS Enrollment

POLICY/CODE:
Education Code 8235 et seq. 

FISCAL IMPACT:
A district contribution of $129,404 for the Pre-School Program in 2016-2017.

STAFF RECOMMENDATION:
Receive for information.

 
15. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

16. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
17. Board Meeting Self-Evaluation
Quick Summary / Abstract:
With the end goal of improving efficiency and providing quality governance in conducting the business of the school District, a member of the Board will conduct a quick review of the Board meeting to assess compliance with adopted norms, procedures and protocols.

The following evaluative questions will be used to guide this discussion:

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?





Rationale:





 
18. Adjournment

The resubmit was successful.