The Presiding Officer will call the meeting to order at 5:45p.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.

3.  Closed Session
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 sections 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as 35146) Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda. 

3.1 Collective Bargaining: Lead Negotiator: Legal Counsel Roy Combs—BCCE, BFT, UBA and Local 21 Negotiations (Governement Code Section 54957.6) (30 min)

3.2 Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9) (20 min)

3.3 Conference with Real Property Negotiators (Government Code Section 54956.8)
     3.3.1 District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiations: Status Update (35 min)

3.4 Public Employee Appointment: Career and Technical Education Program Supervisor (Government Code Section 54957) (5 min)

3.5 Superintendent’s Midyear Evaluation (Government Code Section 54957) (15 min)

1. Call to Order

 2. Closed Session Public Testimony 

3.  Closed Session 
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 sections 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as 35146) Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda. 

3.1 Collective Bargaining: Lead Negotiator: Legal Counsel Roy Combs—BCCE, BFT, UBA and Local 21 Negotiations (Government Code Section 54957.6) (30 min)

3.2 Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9) (20 min)

3.3 Conference with Real Property Negotiators (Government Code Section 54956.8)
     3.3.1 District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiations: Status Update (35 min)

3.4 Public Employee Appointment: Career and Technical Education Program Supervisor (Government Code Section 54957) (5 min)

3.5 Superintendent’s Midyear Evaluation (Government Code Section 54957) (15 min)

4. Call to Order - 7:30 PM

5. Report on Closed Session

6. Approve Regular Meeting Agenda of April 20, 2016

Recognition 
Berkeley Scholars to CAL  (5 min)

7. Open Session Public Testimony (1st Opportunity)
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
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union (order rotates).

9.  Committee Comments
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.

10. Board Member and Superintendent Comments

11. Consent Calendar
11.1 Approval of Human Resources Reports
11.2 Approval of Resolution to Eliminate/Reduce and Add/Increase Certain Specified Classified Positions
11.3 Approval of Master Contract for One Non Public Agency for 2015-2016 School Year
11.4 Acceptance of Gifts/Donations
11.5 Approval of Contracts/Purchase Orders for Service Contracts
11.6 Approve Listing of Warrants Issued in March 2016
11.7 Approval of Payroll Warrants Issued in March 2016
11.8 Approval to Award the Roofing Replacement Project at Thousand Oaks, Longfellow,
and Berkeley High School (C Building) 
11.9 Approval to Award a Contract with Vila Construction Company for the LeConte 
 Transitional Kindergarten Campus (Portables at LeConte) Project and of Increase to Project Budget
11.10 Approval to Award the John Muir Modernization Project
11.11 Approval to Accept the LeConte Modernization Project
11.12 Approval of Overnight Field Trips Requested by Jefferson and Rosa Parks
11.13 Acceptance of the Citizen’s Construction Oversight Committee Annual Report
11.14 Action to Waive the Superintendent’s Credential Requirements for the Period July 1, 2014
Through January 4, 2016, Pursuant to Education Code Section 35029, and to Amend the 
Superintendent’s Contract Accordingly 
11.15 Resolution 16-037 Directing Staff to Deemphasize the Science CST 
11.16 Approval of Board of Education Meeting Minutes for February 24, 2016
11.17 Approval of Board of Education Meeting Minutes for March 9, 2016

12. Action Items
12.1 Annual Declaration of Need for Fully-Qualified Educators (2 min)
12.2 Gardening and Cooking Program Budget for 2016-2017 (30 min)

13. Discussion Items
13.1 Special Education Elementary Inclusion Staffing (30 min)
13.2 BSEP Measuere Renewal of 2016 (First Draft) (60 min)

14. Information Item 
14.1 Board Policy 5144.2: Recess Restriction 

15. Open Session Public Testimony (2nd Opportunity)
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
Board members and the Superintendent are given the opportunity to address any issue.

17. Board Meeting Self-Evaluation
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?

18. Adjournment

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:             April 20, 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:              Donald Evans, Ed.D., Superintendent
FROM:        Delia Ruiz, Assistant Superintendent, Human Resources      

DATE:         April 20, 2016
SUBJECT:  Elimination/Reduction and Addition/Increase of Specified Classified Positions

BACKGROUND INFORMATION:

Due to lack of work and/or lack of funds, the following classified positions in the District need to be eliminated/reduced. The changes in instructional assistant positions are to address the staffing needs of the Transitional Kindergarten Consolidation.

In light of Education Code requirements, it is necessary for the Governing Board to set forth and act on the eliminations/reductions so that each employee affected can be timely notified as prescribed by law and collective bargaining agreements.  We regret the hardship this notification process places on employees and the uncertainty of their future employment status.

To meet program needs, the following positions need to be added/increased:

POLICY/CODE:

Education Code Sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:

Reduction in employee costs for reductions and increase in costs for gardening program funded by City of Berkeley Grant

STAFF RECOMMENDATION:

Approve Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:         April 20, 2016
SUBJECT:  Approval of Master Contract for Nonpublic Agency for the 2015-16 School Year

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

POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $ 14,080.00 funded from the Special Education Budget.

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

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                        Donald Evans, Ed.D., Superintendent
FROM:                  Javetta Cleveland, Deputy Superintendent
DATE:                   April 20, 2016
SUBJECT:            Acceptance of Gifts/Donations

1. LeConte PTA donated $9,000 to partially support bilingual tutors and $6,386.96 to partially support enrichment activities for a total donation of $15,386.96  for LeConte Elementary School.    
2. Cragmont  PTA donated $2,200 in support of Casada de Flores - Spanish singing in kindergarten classes  for Cragmont Elementary School.
3. Malcolm X PTA donated $3,000 to purchase instructional materials and art supplies for
   for Malcolm X Elementary School.
4. Growing Leaders donated $622 to partially support the gardening program for Willard Middle School.
5. Es Verdad LLC donated $250;1782 4^th St Restaurant Partners LP dba Café Rouge donated $750; Anja’s Kitchen LLC donated $680; Contemporary Food Concepts, Inc dba Hugh Groman Catering/Greenleaf Platters/Phil’s Sliders donated $305.35; Cancun Sabor Mexicano donated $2,030.65; Gather Restaurant LLC donated $580; Jules Thin Crust Rockridge LLC donated $300; The Local Butcher Shop LLC donated $410.93; Anthony Magana dba Flacos donated $974.40;Lisa Jackso donated $20;  Maiz Holding Company dba Picante Cocina Mexican donated $2,300; Valerie Jew Tay donated $25; One Love Café LLC donated $770; Eureka Restaurant Group LLC donated $200; Michael and Anna L Fogelman donated $25; Pizza Moda donated $315; Tacubaya LLC DONATED $530; BPR Properties Berkeley LLC donated $712.16; and Benchmark Pizzeria Inc donated $366 for a total donation of $11,544.49 for the Dine Out 2016 Gardening and Cooking Program.

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $31,753.45 in donations. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          April 20, 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 City of Berkeley/Berkeley Mental Health to provide Youth Mental Health First Aid training to the District for the period from 1/30/16 – 6/30/18. The cost will not exceed $14,235. To be paid from Project Aware Grant. Requested by Susan Craig.
2. Contract with Robin Mills to provide sexual harassment prevention and awareness education for Berkeley Unified School District middle and high school students for the period from 4/7/16 – 6/3/16. The cost will not exceed $14,000. To be paid from General Fund. Requested by Susan Craig.
3. Increase in contract, PO#160897 with Michael’s Transportation, to provide buses for Berkeley High School athletic teams travel. The additional amount will increase the purchase order by $3,000 for a total amount of $12,000. To be paid for by General Fund. Requested by Britta Fjelstrom.
4. Increase in contract for Carducci and Associates for the Rosa Parks Grounds Project. DSA is requiring additional work to upgrade toilets to current ADA code.The Board approved $55,000 on 12/9/15.The additional amount will increase the contract by $5,000.To be paid from Measure AA. Requested by Timothy E. White.
5. Increase in contract for Carducci and Associates for the Washington Grounds Project. DSA is requiring additional work to upgrade toilets to current ADA code. An additional community meeting and presentation was required of the architect.The Board approved $55,000 on 12/9/15. The additional amount will increase the contract by $13,355.To be paid from Measure AA. Requested by Timothy E. White.
6. Increase in contract, PO#160559 with ITS Enterprises for additional IOR services for the Willard Modernization Project due to unforeseen conditions.The Board approved $15,000 on 6/3/15, and an increase of $16,560 on 10/14/15.The additional amount will increase the purchase order by $10,000 for a total amount of $41,560.To be paid from Measure I. Requested by Timothy E. White.
   
7. Increase in contract, PO#160644 for ITS Enterprises for additional IOR services for the Longfellow Cafe Project due to delayed completion of the project.The Board approved $85,000 on 12/10/14.The additional amount will increase the contract by $40,320 for a total amount of $125,320.To be paid from Measure I.Requested by Timothy E. White.
8. Increase in contract, PO#161517 for Lenesha Butts Toney for additional consultant services as Payroll Analyst. The Board approved $12,180 on 1/13/16.The additional amount will increase the contract by $4,000 for a total amount of $16.180. To be paid from General Fund. Requested by Nicole Caldwell.
   

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:          April 20, 2016
SUBJECT:   Approve Listing of Warrants issued in March 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 March 2016 are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT: 
$4,469,324.88 for the month of March 2016 from various funds.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Pauline Follansbee, Director of Fiscal Services
DATE:          April 20, 2016
SUBJECT:   Approval of Payroll Warrants Issued in March 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 March 2016.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,846,209.34 for March 2016 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in March 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         April 20, 2016
SUBJECT:  Approve a Contract with State Roofing Systems, Inc. to replace the roofing at Thousand Oaks, Longfellow, and BHS Building C

BACKGROUND INFORMATION:
On February 10, 2016, the Board approved advertising for a project to replace the roofing at the three sites listed above. On March 24, 2016, four bids were received. A bid protest was received from the second low bidder claiming that the low bid was non-responsive.  After consulting with legal counsel it was determined that the District could waive the irregularities in the low bid.  The low bid is approximately $94,000 below budget.

POLICY/CODE:
Public Contract Code 20110 - 20118

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

STAFF RECOMMENDATION:
Approve the low bidder, State Roofing Services, Inc. to replace the roofs at Thousand Oaks, Longfellow, and BHS Building C for $1,031,025. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy White, Executive Director of Facilities    
DATE:         April 20, 2016
SUBJECT:  Approval to Award a Contract with Vila Construction Company for the LeConte Transitional Kindergarten Campus (Portables at LeConte) Project. Approve an Increase to the Project Budget

BACKGROUND INFORMATION:
On February 24, 2016, the Board approved the advertisement of a project to improve an area of the LeConte Elementary School site for placement of two classroom portables and a restroom portable.  On March 30, 2016 three bids were received.  The third and highest bidder was disqualified for not submitting a bid bond.  The base bid of the lowest responsible bidder is below budget and staff recommends that we award the project.  We are also changing the name of the project to LeConte T-K Campus.

Staff is recommending that the project be awarded to the lowest bidder, Vila Construction Company. 

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

FISCAL IMPACT:
Cost to be paid from the Measure I Bond. Facilities has spent approximately $280,000 utilizing the combined budget of $1,576,100. A total of $788,050 allocated for portables at LeConte. Current estimates show that Facilities will need a total budget of $1,903,000 to complete this project.  Facilities requests that we shift the remaining budget from the cancelled portable projects at John Muir and Thousand Oaks.  Facilities will also need to allocate a total of $326,900 from a future modernization for LeConte.  

STAFF RECOMMENDATION:
Approve Vila Construction Company to construct the LeConte T-K Campus project for $759,000.  Approve the new project budget of $1,903,000.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy White, Executive Director of Facilities    
DATE:         April 20, 2016
SUBJECT:  Approve a Contract with BHM Construction, Inc. for the John Muir Modernization Project

BACKGROUND INFORMATION:
On February 24, 2016, the Board approved the advertisement of a project to modernize the John Muir Elementary School.  On March 29, 2016 four bids were received.  All bids are qualified. 

The base bid of the lowest responsible bidder is below budget and staff recommends that we award the project with the following additions:

1. Alternate #1 to include replacement of classroom chalkboards with markerboards
2. Alternate #2 to install heat rejecting film on south facing windows
3. Alternate #3 to replace the classroom lighting
4. Alternate #4 to replace glazing on north basement windows
5. Alternate #5 to construct a new fenced trash enclosure area

Staff is recommending that the project be awarded to the lowest bidder, BHM Construction, Inc.  The project is around $700,000 below budget.

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

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

STAFF RECOMMENDATION:
Approve BHM Construction, Inc. to modernize the John Muir Elementary School in the amount of $2,956,500.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         April 20, 2016
SUBJECT:  Accept the Completion of the LeConte Modernization Project

BACKGROUND INFORMATION:
On May 20, 2016, the Board awarded a contract to Vila Construction Co. to perform the modernization project at LeConte Elementary School.  The project is complete. 

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

POLICY/CODE:
California Public Contract Code 20110- 20118

FISCAL IMPACT:
The project was funded through the Measure I bond.  The project had change orders of $94,215.53 or 8.3% of the contract amount.  We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION:
Accept the project as complete.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         April 20, 2016
SUBJECT:   Overnight Field Trips

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

Samuel P. Taylor State Park, San Francisco, CA, May 2-4,2016
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Jefferson Elementary on a three-day, two-night field trip to Samuel P. Taylor State Park in San Francisco.  The group will depart Jefferson on Monday, May 2, at 8:30 a.m. and return Wednesday, May 4, 2016 at 1:30 p.m.  Students will learn about local ecology, environment protection, and native cultures while working on cooperative, decision-making, communication and leadership skills.  Students will sleep in gender specific tents.  BUSD will provide transportation.  The total cost of $1,800.00 is being paid through class fundraising, parent donations and a BPSF grant.  No student will be denied access based on inability to pay.  Requested by: Jimette Anderson, Interim Administrator Jefferson.

Samuel P. Taylor State Park, San Francisco, CA, May 4-6,2016
Approve participation of twenty-four fifth grade students, one teacher, and four other adults from Jefferson Elementary on a three-day, two-night field trip to Samuel P. Taylor State Park in San Francisco.  The group will depart Jefferson on Wednesday, May 4, at 9:30 a.m. and return Friday, May 6, 2016 at 2:00 p.m.  Students will learn about local ecology, environment protection, and native cultures while working on cooperative, decision-making, communication and leadership skills.  Students will sleep in gender specific tents.  BUSD will provide transportation.  The total cost of $2,000.00 is being paid through class fundraising, parent donations and a BPSF grant.  No student will be denied access based on inability to pay.  Requested by: Jimette Anderson, Interim Administrator-Jefferson.

Mosaic Project Camp, Napa, CA, May 16-20, 2016
Approve participation of 24 fourth-grade students, 1 teacher and several other adults-Mosaic Staff, on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 16, and returns at 3:30 p.m. on Friday, May 20, 2015. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $300.00 per student will be paid by a PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Mosaic Project Camp, Napa, CA, May 23-27, 2016
Approve participation of 44 fourth-grade students, 2 teachers and several other adults-Mosaic Staff, on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 23, and returns at 3:30 p.m. on Friday, May 27, 2015. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $300.00 per student will be paid by a PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks 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:        Timothy E. White, Executive Director of Facilities         
DATE:         April 20, 2016
SUBJECT:  Acceptance of the Citizens Construction Oversight Committee Annual Report

BACKGROUND INFORMATION:
Attached to this cover memo is a report from the Citizens Construction Oversight Committee.  The Committee has the responsibility to receive and review copies of the annual independent performance audit and the financial audit of Measure I expenditures.  The Committee also has the responsibility to create an annual report and to present that report to the Board not later than 60 days after the completion of the annual audit of the year-end close of the District's financial records.  The Board accepted the audits on March 23, 2016.  The Annual Report by the Citizens Construction Oversight Committee is being presented within the 60 day period.

Attached to this cover memo is the Committee’s Annual Report.   Committee Member(s) plan to present their report at the Board meeting.  

POLICY/CODE:
Education Code 15282 and 15278.    
Board Policy 9131. 

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Accept the Citizens Construction Advisory Committee Annual Report. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Delia Ruiz, Assistant Superintendent, Human Resources
DATE:        April 20, 2016
SUBJECT:  Action to Waive the Superintendent’s Credential Requirements for the Period July 1, 2014 Through January 4, 2016, Pursuant to Education Code Section 35029, and to Amend the Superintendent’s Contract Accordingly

BACKGROUND INFORMATION:
On July 1, 2013, Superintendent Evans was first appointed as the Superintendent of the Berkeley Unified School District ("District").  He has continuously served as Superintendent and the chief administrative officer of the District since the date of his initial appointment.

At the time of his appointment, Superintendent Evans held a valid school administrative services credential and teaching credential issued by the California Commission on Teacher Credentialing. These credentials expired on or about July 1, 2014.  During this period, Superintendent Evans' contract required maintenance of both credentials. Both credentials were renewed on about January 4, 2016 and remain in full force and effect since the date of renewal.

POLICY/CODE:
Education Code section 35029

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve resolution to waive the Superintendent’s credential requirements for the period July 1, 2014 through January 4, 2016, pursuant to Education Code Section 35029, and to amend the Superintendent’s contract accordingly.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Vice-President Ty Alper and Director Judy Appel
DATE:        April 20, 2016
SUBJECT:  Resolution Directing De-emphasis of the Science CST

BACKGROUND INFORMATION:
At our March 23, 2016 meeting, we discussed the District’s ongoing implementation of the Next Generation Science Standards (NGSS), which hold the promise of a great improvement in science education throughout the District. 

At the same time, we are required by federal regulations to administer the Science California Standards Test (CST), which is not aligned with the NGSS, or the Common Core Standards, and does not reflect the current science teaching in the District.

The California Department of Education (CDE) has publicly announced that, because the Science CST is not aligned with NGSS, the results (although publicly announced) will not be used in any accountability reports. 

The attached resolution directs District staff to deemphasize the Science CST and provide messaging to the community that is consistent with the resolution.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Resolution 16-037 directing the District to deemphasize the Science CST. 

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

Official Minutes
February 24, 2016

President Leyva-Cutler called the meeting to order at 7:30 p.m. She reported that the Board convened to closed session at 6:00 p.m.

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

Administration:
Donald E. Evans, Ed. D, Superintendent
Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services

Delia Ruiz, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION

President Leyva-Cutler reported out on Closed Session:

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

OCR Complaint #09-16-1075/Complaint #09-16-1066/Appeal of Complaint Resolution Per AR 1312.1 

Motion to deny appeal for a hearing in this matter:
Daniels/Hemphill and unanimously approved 5-0

Conference with Real Property Negotiators (Government Code Section 54956.8)

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

Motion to approve the short-term lease agreement for the use of the Board Room:
Appel/Alper and unanimously approved 5-0

Recognition

Deputy Superintendent Cleveland presented We CARE awards to 11 classified employees:

Kelsey Jones, Bus Driver
Walter Mitchell, BHS Security Officer
Jesus Rodriguez, Instructional Assistant
Vivian Wiggins, Administrative Assistant
Mark McAnally, Maintenance Technician
Shannon Brown, Security Officer
Lorraine Mahley, School Secretary
Milagro Andrade, Food Service Assistant
Miguel Dwin, Budget Analyst
Shedrick Chambers, Custodian
Gayle Brandt, Administrative Assistant 

Approve Regular Meeting Agenda of February 24, 2016  
At the request of Daniels Consent Item 13.2, Consolidation of Transitional Kindergarten Programs in SY 2016-17, will follow Action Item12.2, Update on Possible New School Facility.

Daniels/Appel and unanimously approved 7-0.

PUBLIC TESTIMONY
A total of 15 people addressed the Board:

Four students addressed the Board about sexual harassment and asked the Board to take a comprehensive approach in responding to their requests. They shared some stories.

Two students advocated for additional support at Malcolm X.

Two students spoke in support of the Lifelong Program.

A League for Women Voters representative thanked the Board for its support in promoting youth voter registration and voting.

A TK teacher commented on the TK consolidation item and asked the Board to reject the plans and keep TK at the elementary school sites.

A MX parent commented on the possibility of a new elementary school and asked the Board to give sites their flex spaces back.

A parent commented on overcrowding issues at MX and Washington and urged the Board to provide proportional support.

BTAs PTA President introduced himself to the Board and advocated for resources at BTA.

A BAM parent voiced concerns about the absence of a crossing guard at the MLK and Virginia intersection.

A person spoke in response to the Board's denial of appeal on case discussed during closed session.

UNION COMMENTS
Cathy Campbell, Berkeley Federation of Teachers (BFT), President

Campbell commented on the educator effectiveness proposal and thanked staff for their consultation with BFT on this item. With respect to middle school ELA, she said that it might need a little more time. For budget priorities, she stated that BFT is strongly opposed to the on going expenses of almost $500,000. With regards to large schools, she urged creative use of LCAP funds to address their needs. Campbell expressed her appreciation to the Board for allocating funds for the lifelong program and said she would like to work with the Board to ensure the program’s long-term sustainability. As for TK consolidation, she asked the Board to truly consider all of the concerns voiced tonight. Lastly, in terms of the new facility, she urged the Board to wait to see what the class size goals will be in the new measure.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Paraiso-Arroyo spoke in support of BHS Stop Harassing.

Director Daniels extended his condolences to the BTA students who were injured in a shooting a week and a half ago. He announced the Policy Subcommittee will meet on Friday, Feb 26 to discuss a student intervention policy and a draft of a policy regarding the naming of our facilities. He also announced tomorrow's BSEP event at 7pm in the Board Room. He will hold office hours on Feb. 27 at 1pm at Take Five Café.

Superintendent Evans announced that the Black Parent Affinity retreat will be this Saturday from 9am-2pm in the Board Room. He also announced that BUSD hired a Title IX Coordinator, Beverly Bueno. With respect to the gun violence incident outside of BTA, he shared that we have provided resources and ongoing support to the students involved, their families and the BTA community.

Director Hemphill clarified that the gun violence incident did not take place on campus, but did affect some of our students. She added that our goal is to support our students and their families. She announced that she will be out of town until March 8, and will hold her office hours on March 12 at Café Leila at 1:30pm.

Director Appel thanked the students, staff and community members who came out tonight. She also extended her condolences to the students who were injured. She shared that she attended several meetings around the implementation of comprehensive sex education requirements that were just passed into law last year. She wants to make sure that we are in compliance with the new laws and that we include the LGBT community. She thanked people who came out to her office hours. She will continue to hold office hours from 10am to 12pm at Mo’joe Café every third Saturday of the month.

Vice President Alper announced that BFT will host an event where Brian Jones, an education activist, will be speaking on racial justice and the fight for public schools.

President Leyva-Cutler acknowledged the passing of two former BUSD students. She shared that she attended an event at Little Theatre where a former Black Panther spoke to the students. She encouraged the Adult Education advocates to also write to the Governor in request of support. 

CONSENT CALENDAR  

Motion to approve the consent calendar  
Appel/Hemphill and unanimously approved. 

ACTION ITEMS  

Resolution 16-027: Refunding of General Obligation Bonds 2016
Motion to approve Resolution 16-027:

Daniels/Alper and unanimously approved 7-0.  

Update on Possible New School Facility                                

Director of Facilities, Tim White explained that this item explores the possibility of a new school. He said his presentation is based on the information we have to date such as enrollment, class inventory and current capacity, and should prompt direction from the Board with respect to what is unknown. Questions and discussion followed.

Hemphill said there was still much in the air. The new BSEP measure, in particular, will impact and better inform a decision on a new school. She said it was important to have flex spaces before we move on to deciding on a new school, or the sizes of the school. Having a complete EdSpecs would be helpful for the decision making process. She would also like more information on demographics and how they have changed in the recent years.

Director Appel added that this is the first time that we have done an Ed Spec, which is a planning document to lay out the needs of the district and best practices, and that she needs the Ed Spec before she thinks we should go too far down the path of build a new site or re-purpose an existing site so that we are using our resources to create the kind of learning environments that we want for our students. She said that referring to spaces that are not classrooms as “flex spaces” almost implies that they’re extra and addressing this as a part of the Ed Spec will help reinforce that said spaces are not extra, but rather a critical part of creating the kind of schools that we want for our students. She expressed support in investing in a demographic study that will provide us with a projected increase in student population and direct us in our decision to either build a new school or repurpose existing sites. 

White responded that EdSpecs will be finalized by early May.

Director Daniels said that flex spaces mean different things to different sites. If we were to approve the new school, it will not happen until fall of 2018. A delayed approval will mean an additional year under the status quo and no flex spaces. Waiting for EdSpecs to tell us what we already anticipate will not be significantly revealing; it will just mean more time under present circumstances. If we are going to open to new school eventually, why wait. We need to approve opening one now. 

Director White responded that EdSpecs will help identify what kind of spaces sites will need and to what standards they should be configured. 

President Leyva-Cutler expressed interest in exploring the repurposing of 2020 Bonar and BAS.

Vice President Alper added that according to the presentation, it sounds like we can handle the status quo for the next couple of years. He asked: Are we willing to approve the new school for 2018 or are we comfortable enough with the status quo to pause the planning for a new facility? Can we truly be a world class district under the status quo?

Hemphill commented that it would be helpful to bring all of the different concerns/discussions with respect to a new facility together on one table in order to arrive at a more informed decision.

Director Appel proposed giving staff more time to come back to the Board with a better sense of what information is available.

Motion to direct staff to bring this item back in April. Daniels and Alper will work closely with the Superintendent in this effort:
Appel/Hemphill and approved 7-0.

DISCUSSION ITEMS  

Consolidation of Transitional Kindergarten (TK) Programs in SY 2016-17

Assistant Superintendent Scuderi said this was a solution we have considered over the last year and a half to address enrollment increase. The plan is to house the current seven TK sections at MX, LeConte and King CDC. The presentation displayed costs and considerations with respect to food services, administration, transportation, and after school programming needs. With regards to student assignment, Admissions will use the standard process.  This is the leading medium term solution. Questions and discussion followed. 

Leyva-Cutler said this is a good opportunity to align Pre K and TK curricula. She expressed concern with respect to the supervisor/administrator position.

Scuderi explained that this position would be filled by a current preschool program administrator whose classification and compensation would be renegotiated in order to reflect additional duties.

Daniels acknowledged that staff is putting forward a difficult proposal. He said it was helpful to look at the history of this issue more closely. About three years ago, former Director Lew Jones proposed to consolidate some classes at Hopkins. The Board at that time showed no interest and did not move forward with proposal. Last year, the item was brought back to the table and it was rejected as a medium term solution on a 3-2 vote. As we reconsider it now, he reminded everyone that originally there were multiple options including John Muir and Thousand Oaks. In the case that we do approve this and we have a separate physical site housing TK-5 students with its own administrator, he asked whether we would technically consider it a new school or consider it part of one of our existing elementary schools. 

Scuderi said he would look into that.

Given the mid-year approval of a new special ed class for just this year, Daniels asked where we would house a special ed class should the need for it arise once again mid-year next year.

Scuderi responded that it would be housed at Hopkins

Daniels pointed out that the one available room at Hopkins has been prone to flooding.

Director White confirmed that the flooding issue had been resolved.

Principal Carriedo further explained that should the need for a special ed arise next year, Hopkins would house this addition by relocating its resource center to a conference room and turning its library into a mobile one. 

Scuderi added that once student assignments are finalized in March,

Director Graham will have a good sense as to whether or not the additional special ed class will be necessary.

Hemphill said she was concerned about there being too few flex spaces to equitably serve the special ed class.

Alper stated that while this is the best option we have, he really did not like it. He reiterated that this is a medium term solution while we determine a long-term one 

The Board agreed to direct additional questions or concerns to the Superintendent.

African American Town Hall Action Plan Update
Superintendent Evans said this presentation was a progress update on short-term and immediate actions approved at the January 13 Board meeting. 

Action: Develop a communication protocol involving all stakeholders
Status: It is scheduled for completion at the end of April

Action: Develop a policy on hate speech/crime.
Status: The policy subcommittee met on Feb 9 and began working on this policy

Action: Develop an anonymous reporting system
Status: We are currently reviewing a reporting system and hoping to implement it by the end of April 

Action: Establish Board policy protocols
Status: This will come before the Board in the spring

Action: Provide training to school safety officers
Status: Trainings will be scheduled for spring and summer

Action: Increase the African American parent, guardian and mentor presence at schools.
Status: The Black Affinity Group and the Office of Family Engagement will have an event on Feb 27 and will continue to hold workshops to encourage parent participation and involvement.

Action: Fund the African American studies department, a resource center, and teacher training on cultural sensitivity.
Status: The Superintendent attended a teacher leaders meeting where teachers shared how they are incorporating BSU requests. The Superintendent will share a list with the Board. 

Superintendent Evans went on to propose an Anti-Racism Task Force to oversee the implementation and prioritization of actions. He clarified that this Task Force was different from the PAC or the 2020 vision. This will be its own committee comprised by representatives of PCAD, BSU, NAACP, BFT and the Board. The goal is to meet as early as March. Questions and discussion followed with Director Hemphill as facilitator.

Hemphill further explained that the Board is being asked to hear the update. These initiatives are simply the beginning of our work. Racism, she added, does not happen in a vacuum, but permeates throughout the country. These initiatives are specific to the anti-racism work resulting from the community’s response. The goal is to get Board direction on the Superintendent’s Task Force.

President Leyva-Cutler expressed support for the Superintendent's Task force. She added that there will be costs associated with the implementation of these actions.

Director Keys said he wanted to see more emphasis on the timeline and requested that the task force also include a representative from BTA and the African American studies department.

Daniels said that these actions should be added to the LCAP to ensure accountability. With respect to the Superintendent's Task Force, he noted that the Superintendent has the prerogative in its composition. He suggested that the task force be charged with bringing to the Board budgetary recommendations. 

Appel said she agreed with the task force proposing spending levels.                  

Alper expressed the importance of the task force having focused goals and being adequately staffed.

Motion to extend open session to 11:30 p.m.:
Alper/Appel and unanimously approved 7-0 

Board members directed staff to develop the matrix into an even more helpful tool. Staff will bring back an update in April. 

Superintendent Recommendations on Budget Priorities

Presenters: Pasquale Scuderi, Assistant Superintendent, Ed Services
Javetta Cleveland, Deputy Superintendent

Cleveland explained that this presentation was a follow-up to the recommendations on budget priorities presented at the last Board meeting.

She clarified that budget priorities include only what can be funded out of base grant funds. She added that receiving the Board’s input around District priorities will be key in remaining solvent.

Scuderi went on to address questions and requests for additional information voiced by the Board at the last meeting: 

Part-day program closure: there is enough space to accommodate students and families in other sections.

IB Coordinator: BHS currently has a .4 FTE for each department.

Special Education: The request for additional 12.0 FTE for IAs in an effort to more equitably distribute IAs across all sites given the number of students with disabilities currently served.

Technology: The consideration of computers as an ongoing cost is in response to BSEP’s inability to resource ongoing technology support in schools due to increasing staff cost.

Cleveland added that an analysis of what should be funded on an ongoing basis will be completed by the end of current school year. Questions and discussion followed. 

Daniels asked if there was any consideration to employ one-time funds for liability for retiree health benefits (OPEB) and whether there was any analysis conducted for tiered staff levels.

Cleveland explained that there is no OPEB recommendation coming forward at this time due to the $4 million currently in Fund 20 to meet compliance requirements. An additional $1 million will be added to Fund 20 annually.

Appel said she was in support of reducing the IA ratio and asked why SpEd is not covering associated costs.

Cleveland responded that SpEd has a tight budget and does not currently have the resources to pay for the additional $188,000 for the benefit portion.

Daniels requested information on costs associated with tier staffing levels to be presented on March 9. 

Additional questions or concerns will be directed to the Superintendent.

EXTENDED PUBLIC TESTIMONY
A total of five people addressed the Board

One person spoke in support of the lifelong learning program.

Three people spoke in support for additional support at MX.

A BAS teacher advocated for BAS to be kept whole.

BOARD MEETING SELF-EVALUATION
Appel acted as the observer:

• Issues were framed well. Hemphill did a good job at wrapping up town hall update.
• Suggested allotting more time to each item.
• We were good at addressing issues at root of symptoms.
• Commended President's leadership. We got a lot done in this meeting.

Director Keys volunteered to act as observer on March 9.

ADJOURNMENT
President Leyva-Cutler adjourned the meeting at 11:30 pm.  

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702

President Leyva-Cutler called the meeting to order at 7:34pm She reported that the Board convened to Closed Session at 6:45 pm. 

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

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

REPORT CLOSED SESSION
President Leyva-Cutler reported out on closed session:

Superintendent’s Contract
The Board discussed the Superintendent’s employment contract; it will be brought back for approval during open session at a subsequent meeting. 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Daniels and Hemphill, Discussion Item 13.1, Board Bylaw 9320: Meetings and Notices and Information Item 14.2 Recess Restriction to Consent and Discussion, Respectively.

President Leyva-Cutler rearranged Action Items to begin with Consolidation of Transitional Kindergarten (TK) Programs 

Motion to approve agenda as amended:
Daniels/Alper and unanimously approved 7-0.

PUBLIC TESTIMONY
A total of 14 people addressed the Board:

Three students spoke in support of a currently proposed bill to allow 16 and 17 year-olds to vote in their local school board elections. 

Two MX students and a parent advocated for additional support.

A student expressed feeling unsafe in school because she is being bullied. Her grandmother also addressed the Board on her behalf. 

Two people thanked the Board for approving the installment of AEDs at various sites and asked the Board to approve the installation of AEDs at all elementary sites. 

Two people thanked the Board for supporting adult education and shared why this support is important.

A parent and a teacher expressed opposition to TK consolidation. 

Two parents commented on the recess restriction policy.

BHS art teacher thanked the Board for approving the “all schools” mural.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Superintendent Evans thanked the League of Women Voters for being present tonight. He wished both our boys’ and girls’ basketball teams good luck on their games tonight.

Director Hemphill announced her office hours for March: Saturday the 12^th at Café Leila. She highlighted Consent Items 11.11 and 11.12, adoption of new text materials in computer sciences and construction career pathways.

Director Paraiso-Arroyo reported that he reached out to the Stop Harassing committee about their proposed Green Dot program, for which he expressed support. He also supports the bill allowing voters to vote at 16.

Director Keys expressed support for a Vote 16 resolution. 

Director Daniels thanked everyone who came out tonight. He shared that a judge objected to the disclosure of student records in the Morgan Hill case. He reported that the policy committee met yesterday and discussed a bylaw on meetings and notices and a revised policy on naming facilities. Both items are on tonight’s agenda. The policy committee will continue discussing additional bylaws as well as a draft policy around student interaction with police at the next policy meeting on  

Director Appel said she was proud that BUSD was one of the few supporting districts who signed on to an advocacy letter to the State Board of Education encouraging them to accept the suspension rates as a key indicator for success under LCAP. She announced that the Restorative Practices Advisory Committee met last week. They have broken up into two subcommittees and will be looking at an intervention matrix and a roadmap for restorative practices.

Vice President Alper reported that the Policy Committee will be bringing to the Board a revised uniform complaint policy. The revision allows for restorative practices even in serious cases. Additionally, in response to concerns raised at the Dec 7 African American Town Hall Meeting, the policy committee has begun drafting a policy to direct staff in their interactions with the police. 

President Leyva-Cutler shared that she participated in today’s Career Day at BHS. She announced that she’s been invited to be part of the Transitional Kindergarten Professional Learning Opportunities Steering Committee comprised by a educators. She looks forward to sharing materials with BUSD. She added that Board members are accepting applications for Peace and Justice appointments. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:Appel/Alper and unanimously approved 7-0

ACTION ITEMS

Consolidation of Transitional Kindergarten (TK) Programs in SY 2016-17
Time allotted: 20 min
Actual time: 32 min 

Pasquale Scuderi stated that this was a proposal to consolidate the TK program at three sites—two at Malcolm X, two at LeConte and three at King CDC. His presentation displayed associated costs related to administration coverage, food service, transportation, and special ed. Questions and discussion followed                                      

Alper noted that either option would not make everybody happy. As we are getting close to the bone, it is frustrating that we cannot tell the community that we have arrived at a long-term solution and know how we will make use of 2020 Bonar. He stressed the need to think about what we need to plan as we have 17 classrooms that we need to figure out what to do with. For these reasons, he added, he is not in support of staff recommendation. 

Daniels echoed Alper’s comments saying that while this is a temporary plan, there is not clarity on its duration. Keeping all options, including portables, on the table would have been a better strategy. He said he would support staff recommendation on this matter because there was no other viable option. 

Appel agreed that this is a difficult decision and agreed with Daniels’ comments. She will support staff recommendation, but wants to make sure we revisit this next year and the following. 

Motion to accept staff recommendation with the condition that staff brings back an update in Jan of 2017:
Hemphill/Daniels and approved 6-1
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – No
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Key, Student Director, BTA – Yes 

Recess Restriction
Hemphill explained that she pulled this item due to a number of concerns with respect to the use of this policy, specifically its impact on students of color and students with special needs. Parent notification, length, and frequency were additional areas of concerns. The report shows how this policy has been implemented at the various sites and provides some information, but not all. There was data on length and frequency but none on parent notification. She added that when the policy was initially approved it included an additional two or more restrictions specifically addressing student behavior. 

President Leyva-Cutler proposed that staff bring this item back with a presentation. 

Superintendent Evans agreed and said additional information around parent notification will be solicited from principals. 

Hemphill asked that the presentation clearly show how policy implementation aligned with what the Board approved.

Appel also expressed concern in the data presented. She’d like this item to come back for action. The purpose of this tool is to provide an educational opportunity for teachers to work with students at lunch time, but according to this data, it is being used solely as a disciplinary tool. She suggested that we have some of the site administrators and teachers present during presentation.

The Board directed the policy subcommittee to look at the video of when this policy was initially approved in 2014 and to bring forth a revised policy reflective of original language. 

Certification of Second Interim Report for the Period Ending January 31, 2016
Time allotted: 30 min
Actual time: 18 min 

Director Follansbee reported that we had a positive certification and met the 3% state required reserve. Her presentation displayed fund allocations for 17-18, changes since first interim, enrollment/ADA, general fund revenue, and one-time revenue. She went on to present multi year projections, and other considerations. Ultimately, she added, we have to prepare for a slow down while also seeking additional funding. Questions and discussion followed.

Daniels asked about the 15-16 end fund balance

Motion to approve the certification of second interim report for the period ending January 31, 2016:
Daniels/Appel and approved 4-0

(Directors Paraiso-Arroyo and Hemphill were excused early)

Budget Priorities for FY 2016-17
Time allotted: 20 min
Actual time: 66 min

Presenters: Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services 

Cleveland explained that this presentation is focused on Base grant funds. Other restricted funds and resources are not captured in this presentation. The BSEP budget, supplemental grant funds, projected deficit spending for 2016-17 and other proposed budget priorities will be brought to the Board at the next meeting and through June. The presentation outlined the proposed one time and ongoing expenditures based on the Board’s recommendations during the first two readings.

The proposed one time expenditures include:

Common Core ($1,333,000)
BSEP Measure A CSR ($2,000,000)
ATOD Prevention and Intervention ($70,000)
Older Adult Program ($100,000)
School Tech Needs ($280,000,000)
Transcript Evaluation Services ($20,000)
Transitional Kinder Consolidation ($72,000) 

The proposed ongoing expenditures include:
Theatre Manager ($110,000)
Beginning Teacher Support ($278,000)
Reduction of Part-Day Section ($278,000)
IB Coordinator ($30,000)
Emergency Response Training ($40,000)
Special Education Needs ($180,000)
Additional Tech Needs ($55,000)

Daniels proposed that the Board voice what one time and ongoing allocations they are in support of.

Daniels: in support of all with requested reduction and changes to common core and a proposed additional one-time expenditure for OPEB. He explained that the Board had originally allocated $1.19 million for 2016-17, less than the $1.33 million allocation listed on tonight’s proposal.  He requested that the common core expenditure be reduced to the originally approved allocation.

Appel: in support of the $157,000 additional funds for common core listed on tonight’s proposal 

Alper: requested more detailed description of common core priorities.

With respect to the Lead Literacy and Program Design TSA, Daniels said that it is a position primarily focused on the impact of the BHS redesign and he would prefer to pull it out of the common core budget and fund it as a separate one-time item for a reduction of $57,000. This modification, he added, will keep us closer to the $1.19 million budget originally set aside. 

Appel said that it did not matter to her whether that expenditure was listed within the common core budget or not.

President Leyva-Cutler also supported moving forward with tonight’s common core proposal as it is listed.

Daniels recommended that staff come back with a commitment resolution setting aside 500,000 for a possible one-time increase to OPEB. 

Appel suggested that we determine staffing allocation when we have a better sense of how much money is available.

With respect to sped staffing allocation, Cleveland clarified that out of the 20 IA’s, 12 will become permanent.

Appel said she would like to hear from other schools and while she supports the IA allocation, she’d like to have a separate opportunity to discuss SpEd staffing, and requests that Director Graham bring back a separate presentation on SpEd staffing for 2016-17 at a future meeting. 

Daniels said he had concerns about the IB coordinator and wants to discuss the request of increase for sped funding. While he appreciates staff’s consideration of supplemental funds, he said he did not agree that employing supplemental funds to address needs resulting from increase in enrollment was the best decision. He went over some Board approved allocations in the past couple of years in response to increased enrollment. One-time costs associated with staffing allocation, he said, could go away with the opening of a new school. He expressed his stance in hopes to provide direction. The rationale for the proposed funds for the IB coordinator, he added, is more of a compliance one rather than a real need for it. Thus, dedicating ongoing costs to this item is not the best use of funds. 

President Leyva-Cutler suggested that staff bring back a specific recommendation for special education staffing. 

In order to ensure a better understanding if current staffing model, Cleveland suggested bringing an item in an April meeting to present what current allocation and needs exist at each school. 

Leyva expressed support for theatre manager. She hoped that there might possibly be events that generate revenue to support this position. 

Motion to adopt staff recommendation with the condition that the OPEB resolution after the May revise and a special education staffing model recommendation in April. 

Appel/Alper and unanimously approved 5-0

DISCUSSION ITEMS

Board Policy 7310: Naming Policy
time allotted: 10 min
Actual time: 13 min

Daniels explained that the Board will only be approving the policy, not the AR or accompanying exhibit. The attempt was to provide clarity on the process. Ultimately, it is the Board’s prerogative. The Policy will come back to the Board for approval, and the AR and Exhibit as information.  Questions and discussion followed. 

No changes were recommended. It will come back for approval. 

EXTENDED PUBLIC TESTIMONY

Two parents expressed displeasure with tonight’s approval of TK consolidation. 

A parent asked for additional sped support at the high school.

Motion to extend open session to 11:05 p.m.
Leyva-Cutler/Appel and unanimously approved 4-0.

BOARD SELF-EVALUATION

Director Keys acted as observer:

• The Board did a good job in modeling respectful behavior and in framing the items
• Addressing issue at the root is challenging 

Director Daniels volunteered to act as the observer at the next meeting.

ADJOURNMENT
President Leyva-Cutler adjourned the meeting at 11:05 p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent

FROM:         Delia Ruiz, Assistant Superintendent, Human Resources      

DATE:          April 20, 2016

SUBJECT:    Annual Declaration of Need for Fully-Qualified Educators

BACKGROUND INFORMATION:

Annual declaration to the California Commission on Teacher Credentialing is required for those teachers whose assignments require emergency permits or limited assignment permits.  The Board of Education must certify that there are insufficient fully-credentialed applicants for certain positions.  Based on previous years’ actual needs and projections of enrollment, the District must indicate the number of permits it estimates it will need for the following school year.

In cases where the District must employ teachers without the proper certification, the California Education Code and Title V Regulations provide the options for legal compliance.

The California Commission on Teacher Credentialing requires that this declaration be approved during a regularly-scheduled public meeting, and that this declaration not appear as part of the consent calendar.

In light of the fact that teaching credential programs are graduating fewer teacher candidates, accompanied by increased staffing needs due to recent increased funding for school districts, the need for teachers who are not fully credentialed has increased.

POLICY/CODE:

Education Code Section 44225.7

Title V Regulation 80026

FISCAL IMPACT:

None

STAFF RECOMMENDATION: 

Approve the projected permit needs as specified in the annual declaration.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
Pat Saddler, Director of Special Projects and Programs
DATE:        April 20, 2016
SUBJECT:  Gardening and Cooking Program Budget for 2016-2017

BACKGROUND INFORMATION:
The total Gardening and Cooking Program funding for 2015-2016 is $740,329, excluding fundraising and small project-specific grants.  On June 10, 2015, the School Board approved the Superintendent’s recommendation of ongoing funding of $350,000 to support a baseline Program, beginning in school year, 2015-2016. A forward funded grant of $250,000 from the City of Berkeley and $145,379 in school site contributions of $15 per student served, provided from PTA and/or BSEP according to Principals and SGCs, contributed to FTEs at all school sites, as well as materials and supplies for seventeen school gardens.  This includes additional financial contributions from Le Conte and Willard, as requested by the Principals.

One-time grants, totaling $67,922, was received in support of the Longfellow project-based learning curriculum development and for continued leadership in Districtwide waste reduction efforts.  Fundraising efforts estimated at $18,156 this year, which are on-going and supports the difference between estimates and actuals in budget planning. 

The Program has made programmatic and financial strides since it lost all funding from a single federal grant in 2013 that directed nutrition education specific to qualifying schools.  The District’s financial support, as approved by the School Board over the past three years, has diversified the Program’s funding and improved its ability to receive grants in support of deeper connections to academic standards and increased health and nutrition. 

In consideration of this precedence, including data reported on the importance of education’s role in reducing the prevalence of diabetes and other nutrition related diseases, staff is requesting on-going funding of $300,000 from the General Fund to continue to support a baseline Program.  Contingent to the approval of District funding, the City of Berkeley is providing the Program with a grant of $637,500 for 2016-2017.  Next year’s proposed budget does not rely on School Site funds, which can be conserved for other school site specific needs.   Additional School Site contributions from Le Conte and Willard, per requests from Principals, is expected to fund additional FTEs for Garden IS positions at these schools with an estimated total of $37,968.

The proposed Program budget affords the current Garden IS staffing, in addition to increased instruction at schools with a larger population of those identified as at-risk for prediabetes, for a total Garden IS FTE of 6.8.  Increased FTEs are proposed to be provided at John Muir Elementary School, all three Early Child Education locations, Longfellow Middle Schools, and Berkeley Technology Academy. 

An additional non-management FTE of 1.83 is proposed to support four pilot projects at two elementary schools, Longfellow Middle School, and BTA. This additional Classified FTE will focus on prevention activities to promote improved health and wellness for after school and family classes.  We will more accurately identify the interest and needs for these services with support from a compatible assessment and curriculum development in collaboration with leading nonprofits and educational institutions working to improve health and wellness. These pilots are intended to support on-going Program expansion in future years, with a focus on reasonable outcomes to improve the health and wellbeing of our student body and school communities.

Compared to the current school year, 2015-16, with a total Garden IS FTE of 6.51, this proposed 8.63 total instructional FTE is an increase of 2.12 compared to last year and only 1.05 less than 9.68 instructional FTE in prior years before budget cuts. Attached below are the proposed Program costs of $975,468, and a side-by-side comparison of Garden IS FTEs from 2015-16 to 2016-17. 

POLICY/CODE:
State Title V CDC Supervision Requirements 

FISCAL IMPACT:
$300,000 (approximately) 

STAFF RECOMMENDATION
Approve the expenditure.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Lisa Graham, Director of Special Education
DATE:        April 20, 2016
SUBJECT:  Special Education Inclusion Program 

BACKGROUND INFORMATION:

Per request and direction from the Board, The Director of Special Education is bringing forward information regarding Inclusion Program support in BUSD. 

Brief historic context of inclusion in the Berkeley Unified School District: 

In 1993 the District formed the Inclusive Education Task force to develop the implementation of inclusive education. In 1996 the task force became the Inclusive Education Advisory Committee. In 2003 Dr. Kathleen Gee & Dr. Diane Ketelle conducted a comprehensive Special Education study. These findings and recommendations from this report were presented to the BUSD Board to assist in the strategic development and planning for the District.

While traditional Special Education programs often segregated students with disabilities, the inclusion model adopted by BUSD fully strives to integrate students with special needs alongside their typical peers.

Statewide Special Education Taskforce

In March 2015, the Statewide Special Education Task Force submitted its recommendations to the California State School Board. The Task Force was formed in 2013 to study the causes of the state’s poor outcomes for students with disabilities and examined, among other things, national and state averages for certificated staffing ratios in special education.

 “The Task Force believes that the challenge of effectively educating students with disabilities exists within seven distinct, and inter-connected, parts of the educational system: early learning; evidence-based school and classroom practices; educator preparation and professional learning; assessment; accountability; family and student engagement; and special education financing.” (Press Release excerpt March 6, 2016)

The Report of the Statewide Special Education Task Force, presented in April 2015, reports that nation-wide the certificated staffing ratio is an average of one special education teacher to every 120 students (1:120 total enrollment); in California the ratio is 1:190. Including paraprofessionals, California’s average staffing ratio is 109 total student enrollment per special education teacher and paraprofessional combined. The attached graph shows the staffing allocations required to fulfill these national and state averages. 

 Recommendations from the aforementioned CDE Special Education Task Force of 2015 also included:

• Universal Design for Learning (UDL) is understood, is established as a key area of professional learning for educator training, and is implemented in all schools.

• A Multi-Tiered System of Supports (MTSS) is developed throughout the state, incorporating robust and aligned systems at all organizational levels that support response to instruction and intervention (RtI2) approaches and systematic programs of behavioral, social, and emotional learning.

• Social-emotional learning supports, which are provided through a system that is comprehensive and blended, are available in all schools and districts; these supports include lessons of self-management, social interaction, and social responsibility that are infused in daily curriculum. These supports increase collaboration with community mental health resources in a structured, data-driven, and evidence-based way.

• General education resources are used to intervene as early as possible (infant/toddler/preschool/elementary) with evidence-based and multi-tiered social-emotional supports, prior to referral to special education services.

• Technology support is provided at the state, regional, district, school, and classroom levels to ensure the successful implementation of California’s Common Core State Standards (CCSS) and use of its assessments; and to ensure that students with disabilities have and can use the assistive devices they need in order to learn.

• All students with disabilities have access to comprehensive and effective transition services and programs; model programs are identified, implemented, and aligned around college/career/independent living standards and expectations; collaboration among Local Education Agencies (LEAs), Charter Management Organizations (CMOs), and Regional Occupation Programs (ROPs) is expanded so that students with disabilities are included in Regional Occupation and Career Technical Education programs, including Pathway grants, as well in other local options.

On April 7, 2016, the Special Education Director held a community input meeting and solicited input from teachers, staff, administrators, parents and community members to discuss the Elementary Inclusion Program Model. More than 55 participants attended this session including: certificated, classified and administrative staff; parents/guardians and community members from across the District. 

The highest priorities elicited at this meeting included:

• District-wide commitment to Promoting Inclusive Education in support of the District’s Mission to celebrate educational diversity

  “In 1968, the Berkeley Unified School District was one of the first school districts in America to desegregate without a court order

  • Students are our priority
  • We take pride in our diversity
  • We hold high expectations for ourselves and our students
  • We treat each other with respect and act with integrity”
     
• Adequate staffing of qualified providers on sites including all instructors and related service providers
• On-going training of all staff including: administrators, teachers, instructional assistants/paraprofessionals, classified personnel and greater site communities including students and families regarding inclusion, diversity, equity and ability-awareness.

To implement quality ongoing training and professional development, the special education teachers need to be available to dedicate more of their scheduled hours to collaborating, coaching and mentoring teachers on how to identify, serve and support students with special needs in their classrooms.

Currently, special education teachers with a Mild/Moderate teaching credential are responsible for implementing intervention program supports to struggling students as part of a school-wide Response to Instruction and Intervention (RtI2) program on site in addition to their duties to provide specialized academic instruction (SAI) to students with an Individualized Education Program (IEP). These teachers also frequently serve on their site 504 Plan Team, Student Success Team (SST), and Coordination of Services (COS) Team. These specialists are a critical resource to support all teachers on site.

The District may consider alternative options for providing RtI2 supports to students at the school sites in lieu of having the special education specialists assigned to provide this intervention. Alternative site support specialists may include: Literacy coach, Reading Intervention provider, Math coach, English Language Development (ELD) coach, Equity coach, on-site counselor, Science teacher, alternative credentialed teacher (dance, music, PE), etc.

The District may consider an Inclusion Task Force or Advisory Committee to develop an Inclusion Rubric, or recommend additions to the current Equity Rubric to include the needs of students with a disability within its framework. A subcommittee of this Task Force may be considered specifically to address the needs of students with disabilities served at Berkeley High School (BHS) and Berkeley Technology Academy (BTA).

Parents and community members have expressed significant concerns regarding reported incidents of bullying, discrimination and discipline based on a student’s disability. To address these issues relating to school climate and culture the District may explicitly address issues relating to bullying of students with disabilities in the Parent Student Handbook and all District documents and communications regarding bullying.

The District has a policy regarding bullying (Board Policy 5131.2) that states:

“Bullying based on a person’s or group’s actual or perceived sex, gender, transgender or gender-identity non-conforming, socio-economic status, their race, color, religion, ancestry, national origin, ethnic group identification, physical or mental disability, age, sexual orientation, marital or parental status, which constitutes discriminatory harassment, shall be dealt with in accordance with the Nondiscrimination/Harassment Policy (BP 5145.3) as well as with this policy.

Each school site will make an annual report to the Director of Student Services in June detailing bullying incidents at the school. At a fall Board meeting, the Director of Student Services will report to the Board on bullying within the District and make recommendations as to how this policy can be more effectively implemented. 

To promote the philosophy of celebrating diversity, the District, in alliance with the City of Berkeley, should actively participate in Inclusive Schools Week District-wide the first full week of December. In addition, the District should celebrate and promote Ability Awareness Month, October, and Autism Awareness Month, April, each year. 

POLICY/CODE:
Education Code 39800 

FISCAL IMPACT:
TBD

STAFF RECOMMENDATION:
Receive the report and provide direction and/or endorsement for these next steps:

• Multiple scenarios for adjustments to Special Education staffing along with impact on proportionality, contract negotiations, and increased costs -these scenarios will be developed in consideration of state and national staffing averages
• A report of data regarding bullying of students with a disabilities District-wide
• Adopt an Inclusive Schools Week to celebrate Ability Awareness district-wide
• Amend the Equity Rubric to include students with a disability
• Implement Universal Design for Learning (UDL) strategies District-wide
• On-going training and professional development to all staff regarding the needs of students with a disability or learning difference

BERKELEY UNIFIED SCHOOL DISTRICT                                       

TO:             Board of Education
FROM:        Donald Evans, Ed.D., Superintendent
Natasha Beery, Director of BSEP and Community Relations
DATE:         April 20, 2016
SUBJECT:   BSEP Measure Renewal of 2016: First Draft                                            

BACKGROUND INFORMATION:
The local tax known as the Berkeley Schools Excellence Program (BSEP) has made a significant difference in the quality of our schools and the fiscal stability of our district since 1986. Thanks to BSEP, our students benefit from small class sizes, school libraries, music programs, instructional technology, before and after-school classes, and many other essentials for educational excellence.

The current measure, the Berkeley Public Schools Educational Excellence Act of 2006 (Measure A) is up for renewal by ballot on November 8, 2016.  For the past two years, we have been engaged in an intensive process of preparation for the measure renewal, including public workshops, stakeholder and focus groups, voter polls, budget workgroups and educational priority papers. The Board has been provided with detailed process reports and updates on March 12, 2014, November 14, 2014, January 28, 2015, June 3, 2015, September 30, 2015, November 18, 2015, January 23, 2016 and April 6, 2016. 

Planning Process Overview

Workshops and Educational Priorities: Over the past year, we have held dozens of meetings, workshops, and community meetings to discuss BSEP, with additional meetings still scheduled to share the Measure draft into early May. There have been wide-ranging conversations, and general agreement that the programs funded by BSEP are central to excellence in our schools.  There were many discussions about strengthening, expanding and adapting BSEP programs to further improve opportunities for our students.

These public discussions are being summarized, and a detailed report of input will be provided in May. In the meantime, there are three papers examining the key elements and issues related to BSEP educational programs as presented in prior board documents, posted on: http://www.berkeleyschools.net/departments/bsep/forums-presentations

Voter Poll:  As reported in prior board updates, extensive polling found that Berkeley voters strongly agree that the local funding for schools has made a difference in the quality of education, are proud of providing this support, and are likely to renew the measure, recognizing the value of the programs funded by the current measure as well as the devastation that would be caused by the loss of the BSEP resource. At the same time, the support cannot be taken for granted; the BSEP measure renewal must be both responsive to educational needs and an effective, equitable and sustainable investment of public funds.

Budget Models:  As the community conversations progressed over the past year, a fiscal workgroup engaged in examining the implications of various program modifications, while incorporating numerous variables to create multi-year scenarios for a balanced budget. There have been many changes in the state funding landscape since the last measure, some positive and some negative, which have important impacts for the school district budget. Prior reports have detailed the most significant issues, including:

• School districts may no longer structure special taxes with different rates for commercial and residential properties;
• State-mandated increased employee benefit contributions;
• Changes in the state class-size reduction fund parameters.
  

These factors, coupled with the low cost-of-living increases to the BSEP tax rate over the past few years, have already lead to budget reductions in many BSEP programs. Budget projections for the new measure are all headed further into negative territory without additional adjustments to expenses and/or increases to revenues. The workgroup constructed numerous models which took into account the most significant expenses, including the class size reduction component, as well as options for reallocation of costs, and for adjustment in the tax rate to make the programs whole.

Proposed Framework for 2016 Measure Renewal

The following proposal outlines the manner in which the BSEP tax measure of 2016 can sustain the critical mission of the Berkeley Public Schools: to enable and inspire our diverse student body to achieve academic excellence and make positive contributions to our world.    

The BSEP Measure of 2016 is organized into three key sections, to better clarify the major purposes of the measure.  These elements and allocations are:

1. High Quality Instruction: Small Class Sizes, Professional Development, Classroom Support, Program Evaluation, and Expanded Course Offerings

2. Essentials for Excellence: School Libraries; Music, Visual and Performing Arts; School Site Programs; and Instructional Technology

3. Effective Student Support: Counseling and Behavioral Health; Family Engagement and Access; and Student Achievement Strategies                                                     

1. High Quality Instruction……………………….………………………………...........................................66%

The measure renewal continues the Berkeley commitment to small class sizes, while ensuring that class sizes are implemented in a sustainable model for our elementary schools. The framework also unites the foundation of small class sizes with key supports for teaching, including professional development, classroom support, educational program evaluation, and expanded course offerings.

a. Small Class Sizes: Elementary School classes would be balanced at a school-wide average of 23:1 across K-5 grades. Secondary Schools (grades 6-12) would be balanced at a 28:1 district-wide average for each grade.

The first BSEP measure of 1986 reduced class sizes to 26:1 in the elementary grades and 28:1 in the secondary schools. In 1996, when State funds became available to provide financial incentives for districts to reduce class sizes in K-3 at 20.44 to 1, our district was one of the few to begin to meet that goal, thanks to BSEP funds. However, the imbalance of 20:1 in K-3 and 26:1 at 4^th/5^th grades has proved logistically challenging, as Berkeley schools are small, with many schools having cohorts of 3 classrooms per grade. This has lead to a choice of taking 60 students in 3^rd grade and either putting them in combination grade (3^rd/4^th or 4^th/5^th) classrooms in order to meet the target of 26 students, or making the local decision to waive the 26 target at some schools and have two classes of 30 or more.

Two years ago, the State changed the K-3 class size reduction fund goal to 24:1, and also reduced the funding targeted to that goal. The question has been raised as to whether reducing class sizes is the most effective use of funds, and research on the issue has been mixed, with the key study pointing toward significant effects when class sizes were reduced toward 13 to 17 students. However, in Berkeley, both small school sizes and small class sizes remain an important community value. Class size is seen as one of the key ingredients for ensuring high quality, individualized instruction.

For the Measure renewal, by setting our goal to achieve class sizes at a 23:1 average across all elementary grades, not just K-3, Berkeley class sizes will continue to be below local and state averages, and significantly so in some grades. Balancing class size across K-5 has the following benefits:

• Eliminates the logistical issues with the 3^rd to 4^th grade jump in size,
• Reduces class sizes for the upper elementary grades,
• Returns a number of “flex” rooms to school use, and
• Is a more fiscally sustainable model.

b. Support for Teaching: After the primary purpose of providing small class sizes has been met, funds may be used for purposes that are related to the overall goal of high quality instruction. This recognizes that class size is a necessary, but not sufficient component of meeting the needs of a wide range of students. This resource is structured to provide additional supports for teaching, including professional development, as well as providing student achievement and program data to inform instruction, expanded course offerings to supplement the school day, and classroom support as funds permit.

The BSEP Planning and Oversight (P&O) Committee must review staff proposals for the use of these funds and recommend allocations on a yearly basis to the Board. Some of this programs are currently being funded by BSEP through separate resources, and include:        

• Professional Development - BSEP currently provides the funds for a professional development coordinator for the district, ensuring that programs and processes are consistently aligned with high priority goals. The BSEP funds also contribute significantly to numerous efforts for improving teaching and learning, including providing literacy coaching at all three levels in the K-12 system, building a teacher-led and teacher-run structure for professional learning at Berkeley High School, and supporting the ongoing development of instructional technology for classroom usage. Additionally, BSEP investments are developing and funding teacher leadership at the K-5 level in mathematics, English language arts, science, and elsewhere providing resources for teachers to discuss and work collaboratively on issues of equity and race and their impact on the classroom.
  
  
• Classroom Support - If funding is available, additional staffing or program support may be provided to support teachers in meeting the needs of a wide range of students.
  
  
• Educational Program Evaluation -This function was added to the Measure of 2006 to offer staff development and technical support to teachers in the use of data, as  well as provide data to Site Councils, the Board, and other stakeholders in order to examine educational outcomes and measures of student performance across schools and programs. The analytical services also ensure that formative assessments and curricular projects developed by teacher teams can support results-oriented teaching strategies.
  
  
• Expanded Course Offerings - Funds for expanded course offerings, or “ECO” funds, provide additional classes that take place before or after the school day. These classes contribute to a wider set of offerings each year in our secondary schools that include additional laboratory experience in science, academic support classes, music, theatre and dance classes, as well as yearbook staffing and journalism.

2. Essentials for Excellence ....................................................................................................................27%

Intellectual and creative growth becomes a more achievable goal when the resource of small class size connects to thoughtfully designed curriculum delivered by teachers who are skilled and creative facilitators, and where those classes are provided with access to high quality libraries, appropriate technologies, and learning experiences such as music, arts, and science. In the Berkeley Public Schools, we value music, libraries, the arts, technology, and the numerous other endeavors often labeled as “extras” or “extracurricular.”  These programs are seen as essentials, and warrant a prominent place in the daily educational experiences of our students. BSEP provides crucial funding for programs that provide equitable access to an enriched, challenging and engaging curriculum. With the Measure renewal, these funds would support:                                         

a.  School Site Programs: 10.25% of revenues would continue to be allocated annually to each preK-12 school on a per pupil basis. The allocation of these funds should be a part of each School Site Council’s deliberations as they develop the school or WASC plan. The Site Council must develop recommendations to allocate these revenues for the personnel, services and materials required to deliver effective and equitable opportunities for student engagement, enrichment, and achievement. These funds may be spent to deliver such programs as arts and science instruction, tutoring, athletics and student activities, and before and after school programs.        

b. School Libraries: 7.25% of revenues would continue to provide student access to quality school libraries in all the District’s K-12 schools. Our library educators encourage the pleasures of reading with kids and also collaborate with teachers to ensure that resources are aligned with curricular needs. Our school libraries are in high use, with 1,000 books checked out per day, and a diverse collection which provides students with “mirrors and windows” into their own experiences and those of the larger world. Our library collections are now fully online and accessible from any computer, and include print and digital content, e-books, as well as research databases at the secondary level. Our school librarians are skilled professionals who turn the physical library space into an increasingly interactive and collaborative hub for students, while also preserving the role of the library as a quiet space on campus and in the school community for students to unplug, focus, and imagine.

c. Music and Visual and Performing Arts Programs (VAPA): 6.25% of revenues would continue to provide quality instructional programs in music and the visual and performing arts for elementary and middle school students. Our district continues to be recognized for the strong community support for musical education; BSEP has allowed our schools to restore and maintain arts and music programs that have been eliminated in districts which lack the public resources or the vision to go beyond narrower opportunities for students. While our schools sustain our investment in the arts in the coming years, we must continue to broaden both the cultural diversity of our arts programs and expand access to the arts at all levels of our K-12 progression. There has been considerable growth in participation in the middle school music program, and there are opportunities for students to participate in a widening range of options, including chorus and mariachi, alongside jazz and orchestra.  

d. Instructional Technology:  3.25% of revenues would be allocated to providing instructional technology and access for students to computers and technology in schools.  The increasing presence of technology in the classroom presents educators with expanded instructional opportunities, while also providing students with new options to engage with subject matter and demonstrate proficiency or mastery of that content. The current measure provides support for computer technicians who support classroom technology, as well as a small amount for materials at schools. Berkeley’s public schools continue to increasingly integrate technology into our classrooms in order for teachers and students to take full advantage of tools that support creative teaching and enhance learning.                                   

3. Student Support……………………………………………………………………….....................................7%

In addition to providing essential resources for our educational programs, our community has made it clear, both through our voter poll and stakeholder meetings, that there is a strong desire to invest in providing additional supports and services for our students and families. The Middle School Counseling and Family Engagement purposes of the 2006 measure have been moved out of disparate BSEP resources and, together with the “Student Achievement Strategies” purpose, now form a coalition of resources which can be directed towards providing effective supports that help students reach their highest academic potential, while addressing the needs of the whole child. These revenues may be allocated in flexible proportions within this allocation to programs for Counseling and Behavioral Health; Family Engagement and Access; and Student Achievement Strategies in order to improve academic, behavioral and social-emotional outcomes for students.

• Counseling and Behavioral Health: This resource currently provides two middle school counselors at Willard, two at Longfellow, and three at King. The counselors support students’ academic success and social and emotional well-being, and also facilitate greater parent access to school and community resources. Counselors are often part of interdisciplinary team efforts to address student needs and educational goals, and can provide consultation and specific insights on student needs to their teacher colleagues. Whereas the prior measure had only specified middle school counselors, this resource has been renamed with a broader title to incorporate the possibility of additional types of academic, social-emotional and behavioral support, should funding permit.

• Family Engagement and Access Services: Berkeley Public Schools’ model of family engagement recognizes the crucial role of parents and extended family members in the development and progress of children in our schools. Currently BSEP and LCAP funds are providing the equivalent of eight full-time employees who work to support all families, making a pointed effort to engage those who have been less visible in the school community, most notably lower income families, families of English learners, and families of color.

• Student Achievement Strategies: In addition to the supports provided by counseling and family engagement staff, there are academic and behavioral supports and interventions currently provided by BSEP that could be gathered into this flexible resource to support student achievement. The new Local Control and Accountability Plan brings with it resources, metrics, and a focus on high-need students which also could assist in informing the ways in which BSEP could direct additional resources toward supporting students both when they struggle and when they are ready to achieve at higher levels or in new domains. The allocation for this portion is currently modeled on some of the “program support” elements in the prior measure - those which link to improved student achievement. This includes staffing for the Response to Intervention and Instruction program (RtI) program, which functions as a comprehensive way of tailoring education to meet all students’ needs, using data to make decisions about student learning; Literacy Coaches for elementary schools, and grade-level support for our Two-Way Immersion classrooms.

Flexibility: Since conditions and programs will doubtlessly evolve during the eight year period of the proposed measure, we recommend that the Measure include the flexibility to shift funds among certain programs, as was permitted in the prior measure. In this case, up to 10% of revenue allocations could be redirected from any of the district-wide programs (Libraries, Music and VAPA, Technology, Student Support) and distributed to another of these programs in any given year. This flexibility would then allow, as an example, a significant purchase of computers or musical instruments in a year in which the libraries have other sources of funds to upgrade the collection, or additional funds for student support to be obtained in a year when the music program staffing and instruments is meeting the essential program needs. These reallocations would be reviewed by the BSEP Planning and Oversight Committee and approved by the Board.

Measure Oversight, Communication and Translation
The proposed Measure structure continues the practice of including a small portion of the revenues (2%), before the remainder is distributed to the other purposes, to support the oversight of the measure, including staff support for the BSEP Planning and Oversight Committee and School Site Committees, as well as funding for communication, translation, and community engagement, to ensure that the public is informed about district programs and engaged in decision-making and oversight.                             

Additional Considerations
The wide range of input from our workshops and stakeholder conversations has been documented by our note taking for each meeting; a full summary will be provided by the May 18 Board meeting. Below are listed just a few of the issues, concerns and suggestions that may be beyond the scope of the current BSEP proposal to directly address. Some were voiced as significant community concerns and will doubtless come to the attention of the Board over the course of the BSEP, LCAP, and other resource discussions:

• Family Resource Center / Teacher Resource Center
• Gardening and Cooking
• Health, Wellness, Athletics
• High School Redesign
• Longer Library Hours
• Longer School Day / Longer School Year
• Mental Health Staffing
• Mentoring Programs
• More Instructional Assistants in Classrooms
• More Career-Technical Options
• More Options for Arts and Performing Arts
• Programs/Resources for African-American/Black Students
• Saturday and/or Summer School
• Special Education / Full Inclusion Staffing Ratios
• Universal Preschool or other Pre-K supports

Given the necessity of increasing the tax rate simply to meet such exigencies as the new “uniform” tax rate rules and the state-mandated increased employee benefit contributions, it did not seem possible to commit to adding further major purposes to the measure beyond the restructuring already proposed.

With careful consideration of the public input, educational priorities, and budgetary models, we are recommending that the School Board ask that Berkeley voters reaffirm the community commitment to providing a high quality education in the Berkeley Public Schools by renewing the BSEP Special Tax in 2016.

The overall allocation framework and the proposed text of the measure has been reviewed by the BSEP Planning and Oversight (P&O) Committee, who have also reviewed the budgetary models, voter polls, public input, and program proposals over the past year. The draft of the proposed full text of the measure is attached as Appendix A for additional review and comment in order to more completely inform the discussions of the Measure renewal.     

POLICY/CODE:                               
By the California Constitution, Article XIIIA, section 4 and Government Code section 50075 et seq., school districts are authorized, upon approval of 2/3rds of the electorate, to levy qualified special taxes on property in the District for the purposes of providing quality educational programs in the District and other lawful purposes of the District.                                            

FISCAL IMPACT:                    
If a tax is approved by the voters, revenue of approximately $28 million per year would be available to support the identified programs, beginning in the 2017-18 fiscal year, and adjusting with an annual cost-of-living increase as calculated by the Bay Area Consumer Price Index (CPI) for each of the remaining years of the eight-year measure.                                            

STAFF RECOMMENDATION:                                    
Discuss and consider the recommendations for renewal of the BSEP Special Tax Measure, with the anticipation of taking action on final language on May 18, 2016 and officially calling for a tax measure at the June 1, 2016 Board meeting.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Susan Craig, Ed.D., Director, Student Services                    
DATE:        April 20, 2016
SUBJECT:  Approval of Amendment to the Recess Restriction Policy 5144.2                          

BACKGROUND INFORMATION:
On November 19, 2014, after receiving and considering significant input from parents/guardians, other community members, and staff, the Board approved a policy to guide the use of recess restriction as a behavioral intervention. The first report of data on the use of recess restriction was presented to the Board on March 23, 2016. 

At the March 23, 2016 Board meeting, the Board requested that District staff to review the original language in the policy and the video from the November 19, 2014 Board discussion and adoption of the policy, with regard to the language that the Board approved related to assigning recess restriction to students with IEPs or 504 plans, make corrections as needed to align the language with what was approved by the Board, and present the corrected information to the Policy Subcommittee at the April 8, 2016 meeting. 

The following information was presented at the Policy Subcommittee meeting on April 8, 2016 regarding the Board’s approved language for Item 8 and the subsequent recommended language recommended by legal counsel: 

Item #8 in the Recess Restriction Policy currently reads as follows: “Recess participation may not be restricted for students where such a consequence is explicitly prohibited by a student’s IEP or 504 plan.”

At the November 19, 2014 Board meeting (minute 50 in the video), the Board approved an amendment to the language for Item #8 as follows: “Recess participation may not be restricted for students where such a consequence is inconsistent with a student’s learning goals and accommodations reflected in an IEP or 504.” At the Board meeting, BUSD’s Interim Special Education Director expressed concerns that the amended language may be discriminatory. The Board directed staff to review the adopted language with legal counsel, and bring any recommended changes back to the Board for approval. This step was never completed.

In an e-mail from the Director of Special Education dated January 12, 2015, the following language for Item #8 was recommended, in consultation with legal counsel: “Recess restriction for students with exceptional needs must be implemented consistent with the educational goals and accommodations in their IEP, 504 plan, or individualized Positive Behavior Intervention Plan. Recess restriction should not be imposed for behavior, actions, or incomplete work that are a result of a child’s disability.” 

At the April 8 Policy Subcommittee meeting, the subcommittee approved replacing the existing language in Item 8 of the policy with the language recommended by legal counsel, and bringing the amended policy forward to the Board for a first reading at the April 20 Board meeting.

POLICY/CODE:
Board Policy 5144.2
Education Code 44807.5

FISCAL IMPACT:
None.

STAFF RECOMMENDATION:
Receive amended BP 5144.2 for first reading. 

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?