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

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             June 29, 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 reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Delia Ruiz, Assistant Superintendent for Human Resources
DATE:        June 29, 2016
SUBJECT:   Approval of Job Description for the Health and Wellness Program Coordinator

BACKGROUND INFORMATION:
On April 20, 2016, the School Board approved the 2016-2017 budget and programming for the Gardening and Cooking Program. This included an allocation for a Health and Wellness Program Coordinator.  Attached is the job description that staff proposes for this position. Staff is planning to present this job description to the Personnel Commission at the next meeting of July 15, 2016.

This approval included the Gardening and Cooking Program implementing health and wellness projects at LeConte, Thousand Oaks, Longfellow, and Berkeley Technology Academy. These schools have high at-risk populations for obesity and diabetes. The projects will provide activities to support the following goals: 1) reduce sugar intake; 2) increase vegetable and whole fruit consumption as an alternative to unhealthy drinks; 3) educate families and students; and 4) provide skill-building tools to last a lifetime with habit-changing outcomes.

These project activities will be provided during after school and beyond, including some weekends, to accommodate family schedules and encourage participation. The proposed FTE for the Health and Wellness Coordinator is .6 FTE for Longfellow Middle School and Berkeley Technology Academy and .4 FTE for LeConte and Thousand Oaks. With leadership from the Program Supervisor, the Health and Wellness Coordinator will work with staff from the Gardening and Cooking Program, after school program, Family Engagement program and Nutrition Services.

The Health and Wellness Coordinator will be responsible for leading instruction for students and families in health and wellness with a focus on reducing consumption of sugar-sweetened beverages, per the grant requirements, as stated above. The position will assist in planning, coordinating, developing and implementing the District’s Health and Wellness curriculum with support from a Cooking Instructional Technician; develop and prepare lesson plans and deliver instruction to students and families of diverse populations from a variety of cultural, religious and ethnic backgrounds; develop instructional materials, methods and exercises centered on healthy nutrition, healthy cooking, physical activity and other health and wellness areas; and assist in establishing program goals and objectives.

The implementation of these projects is beholden to the creation of this new position, Health and Wellness Coordinator. Without this position, the Program will not be able to address the City of Berkeley’s grant objectives and requirements for granting the $637,500 to the Gardening and Cooking Program.

POLICY/CODE:
Education Code Sections 35020, Board Policy 5145.7

FISCAL IMPACT:
Approximately $32,861 for the .4 FTE and $49,291 for the .6 FTE annually funded from the City of Berkeley Grant of $637,500 to reduce the consumption of sugar-sweetened beverages provided to the Gardening and Cooking Program for 2016-2017 school year.

STAFF RECOMMENDATION
Approve job description.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:          June 29, 2016
SUBJECT:   Approval of Public Disclosure of Collective Bargaining Agreement documents

BACKGROUND INFORMATION:
The Berkeley Unified School District and the bargaining units listed below negotiated tentative agreements that were ratified by their members.

• Berkeley Council of Classified Employees (BCCE)
• Union of Berkeley Administrators (UBA)
• The International Federation of Professional and Technical Engineers (Local 21) 
  

These tentative agreements address salary increases of four percent (4%) effective 2015-16 school year, which were previously ratified as me-too agreements, and two percent (2%) and a one time bonus of  three percent (3%) effective 2016-17 School Year.

The agreement for BCCE also includes the Implementation of the Classification and Compensation study, which was approved by the Board originally in January 2015 with final approval on June 15, 2016. The study provides job descriptions and salary range for each classification. Salary adjustments resulting from this agreement is retroactive to July 1, 2015. This agreement also provides for a monthly stipend for unit members in the Instructional Assistant- Visually Impaired – Braille Transcriber classification.

In accordance with AB1200 (Chapter 1213/1991) and Government Code Section 3547.5, the public disclosure documents summarizing the fiscal impact of  the collective bargaining agreement have been provided to the Board and is available for review by the public. The public disclosure documents include the fiscal impact of collective bargaining agreements on the General Fund combined (Funds 01-08) for each bargaining unit.  The latest Board approved budget included in the attached documents is the Second Interim for FY 2015-16. 

The fiscal impact of bargaining agreements as a "me too"  for BCCE and  a side letter for Local 21 were disclosed with Berkeley Federation of Teacher’s AB1200.

The Public Disclosure Documents for the collective bargaining agreements will be submitted to the Alameda County Office of Education for their review. These documents indicate that the District will maintain a positive certification for FY 2015-16 and the two subsequent years. 

Superintendent Donald Evans and Deputy Superintendent Javetta Cleveland have certified that the  budget revisions necessary to meet the costs of the agreement have been made, and no further budget revisions are necessary.

POLICY CODE:
Government Code section 3547.5

FISCAL IMPACT:
Increase in salaries and benefits for the Unrestricted and Restricted General Fund (Funds 01-08) for FY 2015-16 and two subsequent years is detailed below.

The Second Interim budget for FY 2015-16-15 included a 4% salary increase for FY 2015-16 and a projected 2% salary increase and a 3% bonus for FY 2016-17, and the cost of implementing the Compensation and Classification study.  The budget will be increased at Budget Adoption for FY 2016-17 to reflect the total cost of the compensation study.

STAFF RECOMMENDATION:
Approve Public Disclosure documents for Collective Bargaining Agreement for BCCE, UBA and Local 21

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         June 29, 2016
SUBJECT:  Approval of the 2016-17 Measure H Annual Plan

BACKGROUND INFORMATION:

One of the key tasks of the Facilities Safety and Maintenance Oversight Committee (FSMOC) is to consider the Annual Plan.  The measure states,

“An expenditure plan (the “Annual Plan”) shall be developed annually by District staff with input from the Facilities Safety and Maintenance Oversight Committee.  The Annual Plan will recommend expenditures of the tax proceeds that are consistent with the intent of the Measure.  The assumptions associated with the recommended expenditures shall be included in the Annual Plan.  The Plan shall be presented for Board action each year in conjunction with the District’s annual budget adoption process.  To facilitate public discussion, the recommended Annual Plan shall be distributed to the Facilities Maintenance and Security Advisory Committee and made available for public review two week prior to Board action.”

In the past, the following reports were approved:

Date                                      Type              Period Covered

October 17, 2001           Strategic Plan

January 9, 2002            Annual Plan         7/1/01 – 6/30/03

October 1, 2003             Annual Plan         7/1/03 – 6/30/04

October 20, 2004           Annual Plan         7/1/04 – 6/30/05

November 16, 2005        Annual Plan         7/1/05 – 6/30/06

June 28, 2006               Annual Plan         7/1/06 – 6/30/07

June 27, 2007               Annual Plan         7/1/07 – 6/30/08

June 25, 2008               Annual Plan         7/1/08 – 6/30/09

June 24, 2009               Annual Plan         7/1/09 – 6/30/10

June 23, 2010               Annual Plan         7/1/10 – 6/30/11

June 22, 2011               Annual Plan         7/1/11 – 6/30/12

June 20, 2012               Annual Plan         7/1/12 – 6/30/13

June 26, 2013               Annual Plan         7/1/13 – 6/30/14

June 11, 2014               Annual Plan         7/1/14 – 6/30/15

June 25, 2015               Annual Plan         7/1/15 – 6/30/16

This is the fourth Measure H Plan.

Staff published the proposed plan on June 14th, in keeping with the requirements of the Measure. The Plan has been available at the Administration building and at Plant Operations for the past two weeks. 

POLICY/CODE:
Measure H, the Berkeley Public Schools Facilities Safety and Maintenance Act of 2010.

FISCAL IMPACT:
The fiscal impact is contained in the Plan; all costs will be paid from Measure H.

STAFF RECOMMENDATION:
Approve the Measure H 2016/17 Annual Plan. 

    BERKELEY UNIFIED SCHOOL DISTRICT
 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities         
DATE:         June 29, 2016
SUBJECT:  Approve an Increase to a Contract with HKIT Architects to Provide Additional Design Services for the Longfellow Cafe Project

BACKGROUND INFORMATION:
On March 13, 2013, the Board approved HKIT Architects to design the Longfellow Cafe Project for $375,000.  On January 27, 2016, the Board approved an increase to $486,000.

The Longfellow Cafe project is currently projected to complete approximately five months beyond its original schedule.  HKIT will require an increase in their contract for the added construction administration related to the delayed completion. The costs are estimated at $100,000.  There have also been several issues with the construction processes for which HKIT is entitled to added services compensation.  These total approximately $90,000.  Staff believes that the general contractor, D.L. Falk, is responsible for a majority of these added services costs.

Staff is recommending that the Board approve HKIT Architects for their additional services costs and that we pursue the contractor for reimbursement.

POLICY/CODE:
Board Policy 3310. 

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

STAFF RECOMMENDATION:
Approve an increase for HKIT Architects and the Longfellow Cafe project budget for $190,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         June 29, 2016
SUBJECT:  Authorization to Approve a Change Order for the Blacktop Project and Approval of Futility Resolution 16-062

BACKGROUND INFORMATION:
On May 18, 2016 the Board awarded a contract to G&S Paving. The project consists of selective pavement replacement at Hopkins, Whittier (BAM), and Willard.  That project is not yet complete.  The bid was awarded $95,209.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.  Staff predicts that the project will exceed the 10% threshold.

Costs associated with these changes may approximately double the original contract value. The primary reason for the change is an owner requested addition to the original contract as stated below:

1. Owner requested additional scope: These requests are of great concern to staff. The District added scope to the project to pave the empty lot near B-Tech Academy located on the corner of Martin Luther King and Ward Street. In addition to paving, the scope will include the installation of a barrier below grade by 1.5 feet adjacent to the neighbor’s fence line, a chain link fence around the perimeter of the paving, and will create a driveway. This will add approximately $75,000 in cost to the construction contract.

When a project has more than a 10% change order total, counsel states that a futility resolution is needed. Attached to this cover memo is that futility resolution.

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

FISCAL IMPACT:
The project is funded through Measure I. The final change order percentage will return to the Board when the project is recommended for acceptance.    

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.    

BERKELEY UNIFIED SCHOOL DISTRICT

 
TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         June 29, 2016
SUBJECT:  Accept the Completion of the Willard Middle School Modernization Project

BACKGROUND INFORMATION:
On May 20, 2015, the Board awarded a contract to Strawn Construction Inc. for the subject project. On September 9, 2015, the Board approved Futility Resolution 16-008 acknowledging that the project change order costs would exceed the 10% contingency. The project is now complete and all change orders have been negotiated. Staff requests Board acceptance of the project.

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 $1,246,382 or 35% above the Board approval amount. 

STAFF RECOMMENDATION:
Accept the project as complete. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:           June 29, 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 Neil Smith, to provide coaching services to District Office administrators for the period from 7/1/16 – 6/30/17. The cost will not exceed $15,000. To be paid from General Fund. Requested by Donald Evans.
2. Intrepid to inspect and certify fire alarms systems as needed by the Maintenance Department for the 2016-17SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
3. Galena Glazing to provide window replacement throughout the District as needed by the Maintenance Department for the 2016-17SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
4. Sentry Alarm to provide replacement and repair of security systems as needed by the District for the 2016-17SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
5. Lloyd F. McKinney Associates, Inc. to provide public announcement systems for 2016-17SY. The cost will not exceed $50,000. To be paid from Measure H. Requested by Steve Collins.
6. In Focus Video to provide security camera services as needed by the Maintenance Department for the 2016-17SY. The cost will not exceed $35,000. To be paid from Measure H. Requested by Steve Collins.
7. Contract with Reliance Communication to provide School Messenger phone, email, and SMS communication system for families and staff for 2016-17SY. The cost will not exceed $19,758. To be paid from General Fund. Requested by Jay Nitschke.
8. Contract with Lightspeed Systems, to provide web filtering and reporting services for the period from 7/1/16 – 6/30/17. The cost will not exceed $14,000. To be paid from General Fund. Requested by Jay Nitschke.
9. Xterra Solutions, Inc. to provide network security and troubleshooting services. The cost will not exceed $35,750. To be paid for by General Fund. Requested by Jay Nitschke.
10. PowerSchool LLC to provide student information tracking student grades, attendance, discipline and other data. The cost will not exceed   $72,891. To be paid for by General Fund. Requested by Jay Nitschke.
11. Contract with CSM Central to provide eRate consulting services for the   period from 7/1/16- 6/30/17. The cost will not exceed $36,500. To be  paid from General Fund. Requested by Jay Nitschke.
12. Contract with Lea Baechler-Bravo to manage projects in support of public information and engagement, and community outreach on behalf of the Berkeley Unified School District for the period from 7/1/16 - 6/30/17. The cost will not exceed $48,500. To be paid from BSEP and General Fund.  Requested by Natasha Beery.
13. Contract with Quintessential School Systems to provide Financial and Business systems software for 2016-17SY. The cost will not exceed $46,623.50. To be paid for by the General Fund. Requested by Jay Nitschke.
14. Bay Area Community Resources (BACR) to continue providing fiscal and programmatic afterschool program services for JAZ Afterschool program at Jefferson Elementary School for the 2016-17 SY. BACR is to be paid 10% of Parent Fee Revenue estimated not to exceed $35,000. To be paid from Parent Fee Revenue. Requested by Javetta Cleveland.
    
15. Comcast to provide Wide Are Net services and data transport of internet traffic to the Alameda County Office of Education. The cost will not exceed $56,800. To be paid from General Fund. Requested by Jay Nitschke. 
16. Cyber High-Fresno County to provide unlimited access to all courses, curriculum, tools and resources available on-line to Berkeley High and Berkeley Technology students for the 2016-17 SY. The cost will not exceed $23,979.78. To be paid from Restricted Lottery Funds. Requested by Pat Saddler.
17. Contract with Edward C. Porter to provide coaching services for administrative staff of the Superintendent for 2016-17SY. The cost will not exceed $15,000. To be paid for by the General Fund. Requested by Donald Evans.
18. Ratification of contract with BKF Engineers for Blacktop Replacement Project to add the scope for paving the lot at the corner of MLK Way and Ward Street. Original contract was for $8300. Increase for an amount not  to exceed $25,000. To be paid from Measure I. Requested by Timothy White.
    
    

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

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:           Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:           June 29, 2016
SUBJECT:    Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

1. Your Cause donated $40 through the Corporate Employee giving Program to be utilized as needed for Thousand Oaks Elementary School.
2. RTI Survey Incentive Program donated $200 to be utilized as needed for Thousand Oaks Elementary School.
3. Target donated $360.21 to be utilized as needed for Cragmont Elementary School.
4. Dorian donated $350 to be utilized as needed for Cragmont Elementary School.
5. East Bay Municipal Utility District (EBMUD) donated $4,000 to be utilized as needed for Jefferson Elementary School.
6. Salesforce donated $1,000 to be utilized as needed for LeConte Elementary School.

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $ 5,950.21  in donations.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:         June 29, 2016
SUBJECT: Approval of Payroll Warrants Issued in May 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 May 2016.

POLICY/CODE:
Educational Code 41010 et seq. 

FISCAL IMPACT
$ 7,922,002.34for May 2016 from various funds. 

STAFF RECOMMENDATION:
Approve payroll payments made in May 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:         June 29, 2016
SUBJECT:  Approve Listing of Warrants issued in May 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 May 2016 are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,644,261.05 for the month of May 2016 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans Ed. D., Superintendent
FROM:        Marni Posey, Director of Nutrition Service
DATE:         June 29, 2016
SUBJECT:  Approval to Enter Into Agreements to Purchase Food Supplies for the 2016 -17 SY

BACKGROUND INFORMATION:
Contract for perishable food items are exempt from formal bid requirements and suppliers who are able to provide the organic, locally grown, sustainable ingredients needed for our program are limited.  For the 2015-16 SY staff is requesting authority to purchase perishable food items from suppliers as follows:

•  Crystal Dairy to provide milk and juice, not to exceed $275,000

•  Bread Project to provide fresh baked breakfast items, not to exceed $125,000

• Greenleaf to provide fresh produce and other perishable goods, not to exceed $475,000

• Fourth Street Bagel to provide fresh baked goods, not to exceed $175,000

Contract for non-perishable food items are subject to formal bid requirements.  However, BUSD is a member of the Alameda Districts Food/Paper Cooperative, which competitively bids for these items and therefore, staff is able to purchase non-perishable food items from various suppliers.  For the 2016-17 SY, one contract will exceed the formal bid threshold.  We are requesting authority to contract with the following supplier:

• Sysco Food Services to provide non-perishable foods and supplies, not to exceed $400,000

 FISCAL IMPACT:
 $1,450,000 is within the Cafeteria Fund Budget

 POLICY/CODE:
 Board Policy 3310
 Ed Code 29873

 STAFF RECOMMENDATION:
 Approve contracts for food supplies as listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:          June 29, 2016
SUBJECT:   Approval of Resolution 16-057 Authorizing Staff to Make Intra-Budget Year-End Transfers 

BACKGROUND INFORMATION:
During the District’s year-end closing process, fiscal services staff ensures that expenditures for major objects (1000, 2000, etc) do not exceed budget by making the appropriate budget transfer between object codes. The California Education Code requires that budget transfers between major objects be approved by the Governing Board. It has been customary for the Board to grant staff the authority to make these transfers at year-end closing without obtaining approval for each individual transfer. These transfers will be within the current budget and will not include using funds from the District reserves without bringing forward a specific board item requesting the use of reserves for approval.

Staff will provide the Board will a report in September that includes the effects of any transfers made as part of the presentation of the Unaudited Actuals (closed books) the Board.   

The Education Codes related to budget approvals required by the Governing Board are listed below:

42600.  The total amount budgeted as the proposed expenditure of the school district for each major classification of school district expenditures listed in the school district budget forms prescribed by the Superintendent of Public Instruction shall be the maximum amount which may be expended for that classification of expenditures for the school year. Transfers may be made from the designated fund balance or the unappropriated fund balance to any expenditure classification or between expenditure classifications at any time by written resolution of the board of education of any school district governed by a board of education, when filed with the county superintendent of schools and the county auditor, or by written resolution of the board of trustees of any school district not governed by a board of education, when approved by the county superintendent of schools and filed with the county auditor. A resolution providing for the transfers specified in this section shall be approved by a majority vote of the members of the governing board. Nothing in this section shall be construed as affecting Sections 42204 and 85112.

42601.  At the close of any school year a school district may, with the approval of the governing board, identify and request the county superintendent of schools to make the transfers between the designated fund balance or the unappropriated fund balance and any expenditure classification or classifications, or balance any expenditure classifications of the budget of the district for that school year as necessary to permit the payment of obligations of the district incurred during that school year. For each elementary, high school, and unified school district that, during the preceding school year, had an average daily attendance less than the level, as appropriate, specified in subdivision (a) of Section 41301, the county superintendent of schools, with the consent of the governing board of the school district, may identify and make the transfers, and shall so notify the districts.

42602. Notwithstanding the provisions of Sections 42600 and 42610 or any provision of this code to the contrary, the governing board of any school district may, by a majority vote of its membership, and with the approval of the county superintendent of schools, budget and use any unbudgeted income provided during the fiscal year from any source.

POLICY/CODE:
Education Code Sections 42600, 42601, and 42602

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Resolution 16-057 giving staff approval to make year-end transfers within the budget for Fiscal Year 2015-16.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:          June 29, 2016
SUBJECT:    Out-of-State Travel Request

BACKGROUND INFORMATION:
The following out of state travel request is being requested:

EL Achieve Training, Portland, OR, August 1- 5, 2016

Approval for Matt Hinckley, District TSA 60% and Longfellow teacher 40% to attend this five-day, four-night conference in Portland, OR. The E.L. Achieve’s Secondary Constructing Meaning training will provide participants the opportunity to become a part of a certified district leadership team. They will deepen their understanding of explicit language instruction, academic literacy, and effective instructional planning. They will engage in a vibrant professional learning community specifically designed to prepare them to support others in designing, refining and delivering Secondary Constructing Meaning instruction. Certified district leaders will develop their capacity to lead continuing learning and collaboration sessions. Requested by: Maggie Riddle, Director K-8 Schools.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         June 29, 2016
SUBJECT:  Overnight Field Trip

BACKGROUND INFORMATION:

The following overnight field trip is being requested:

Marin Headlands, Marin County, CA, August 11-12, 2016

Approve participation of thirty-two BHS Bridge students-cohort 5, two teachers, and three other adults from Berkeley High School on a two-day, one-night field trip to the Marin Headlands Hostel. The group will depart BHS on Thursday, August 11, 2016 at 9:00 a.m. and return Friday, August 12, 2016 at 2:30 p.m.  The focus of this trip will be to train the upcoming 11^th grade cohort to take on leadership and mentoring roles within Bridge. To facilitate this, we want to take the entire cohort on a leadership retreat to the Marin Hostel where the students will engage in team building, leadership development, learning about mentoring and organizational design, and building teams and structures to help mentor the incoming 9^th grade students. BUSD will provide transportation.  The total cost of $3000.00 is being paid through Bridge City of Berkeley funding. No student will be denied access based on inability to pay.  Requested by Sam Pasarow, Principal, BHS.

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:             Pasquale Scuderi, Assistant Superintendent
FROM:       Pat Saddler, Director of Special Projects
DATE:        June 29, 2016
SUBJECT:  Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2016-2017

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California Sate Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR). Funding is based on actual student attendance with each full day of student attendance generating $41.37 per ay. Partial day rates are pro-rates to the full day rate.
 
The current contracts for services for each program are $2,714,444 for the California State Preschool Program (CSPP) and $1,567,072 Child Care Services (CCTR). This funding does not fully pay for the current program provided in BUSD and an annual contribution from the General Fund has supported the program for the past five years.

In order to enter into the contract, he Board is required to approve the attached resolution.

POLICY/CODE:  
Child Development Division 
California Ed. Code Title 5

FISCAL IMPACT:
$4,281,516 in potential revenue for the Pre- School Child Development and School Age Child Care Program.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Board of Education
FROM:           Board Policy Subcommittee
DATE:            June 29, 2016
SUBJECT:     Board Policy/Exhibit 0460 – Local Control and Accountability Plan 

BACKGROUND INFORMATION:
The Local Control Formula requires each district to annually adopt and update a Local Control and Accountability (LCAP). Berkeley USD adopted its first LCAP for 2014- 15 through 2016-17 in June 2014.

BUSD’s first LCAP received strong reviews, both for the community engagement process that helped develop the LCAP and for the content that was included in the LCAP itself. In order to help institutionalize and improve on its initial success, the Board directed the Policy Subcommittee to develop the LCAP policy.

On June 6, 2016, the Policy Subcommittee worked with staff to revise Board Policy 0460 – Local Control Accountability Plan- and the accompanying Exhibit 0460- Parent Advisory Committee bylaws. The revised BP0460 was presented to the Board for first reading on June 15, 2016, and is now being submitted for approval. The Board will only be voting on the policy, not the exhibit.  

POLICY/CODE:
BP0460

FISCAL IMPACT:
N/A

RECOMMENDATION:
Approve BP 0460. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:           Policy Subcommittee
DATE:             June 29, 2016
SUBJECT:    Second Reading of Expulsion Policy Revision

As part of this ongoing process, the Policy Committee, working closely with Dr. Susan Craig, Director of Student Services, has drafted the attached interim Expulsion Policy, which governs the District’s response to the most egregious of student violations.  This interim Policy will then be incorporated into a comprehensive Student Discipline and Intervention Policy when the other pieces of such a policy are completed.

We emphasize that this Policy does not cover Title IX complaints, suspensions (except those incident to a pending expulsion proceeding), or all of the details of alternatives to traditional discipline, such as restorative justice.  Those important issues are dealt with in other policies, and in a forthcoming AR for this Policy.  Nor does the Expulsion Policy address District employees’ interaction with law enforcement, which is the subject of another policy that the Policy Committee is working on.

The attached draft Expulsion Policy is the product of six Policy Committee discussions and extensive feedback and input from stakeholders in the community.  The Committee itself, in close consultation with Dr. Evans and Dr. Craig, discussed and revised the Expulsion Policy at six separate meetings: January 26, February 26, April 8, May 4, May 18, and June 14.  The Board reviewed the draft Policy and discussed it extensively at the June 1, 2016 meeting.  

The Committee has incorporated the Board’s direction that was provided at the June 1 meeting, and is now presenting the Policy for Board approval.  (Note that the attachment contains some explanatory comments in the margins that will not be included in the actual approved Policy.)

Substance of Policy and Relationship with Forthcoming Administrative Regulations

A revised Expulsion Policy was one of the priorities that emerged from the African-American Town Hall meeting in December 2015, as the racial disproportionality in our discipline policies is seen most starkly in our expulsion statistics.  More generally, we are committed as a District to facilitating the use of less exclusionary means of student discipline, both to keep more students in school more of the time, and to foster actual healing and growth when conflicts arise among members of our community.

Moreover, although BUSD does not proceed to many expulsion hearings, we are also committed to reducing the number of students even recommended for expulsion, as the entire process, particularly the expulsion hearing process, can be traumatic for all students and families involved.

 In addition to seeking to reduce the number of adversarial expulsion hearings in the District, the Policy memorializes the District’s commitment to supporting complainants in these serious cases in other ways as well.  The Policy ensures that they have the information they need regarding their rights and options in the expulsion process, in addition to information about the progress and resolution of the process.

The Policy also facilitates a restorative approach that we believe is consistent with the Board’s stated commitment, provides protections for both accused students and complainants in the rare expulsion proceedings that do advance to an adversarial hearing, and clarifies the role and discretion of the officials at the various levels of review in an expulsion process. 

The Policy replaces a status quo situation in which the Board and other officials with roles in the proceedings have little to no guidance in terms of the standards to apply in making critical decisions.  The Policy clarifies the presumptions that should apply to these decisions, and provides far more guidance than currently exists.  The Policy also includes a number of significant protections for complainants in serious discipline cases, and enumerates the rights of complainants in a way that is currently absent from the District’s policies.

Further guidance and implementation specifics will follow this Policy in Administrative Regulations (AR) that the Policy Committee will develop with Dr. Evans and Dr. Craig.  We have set a deadline to consider the accompanying AR in the early fall.  We do not believe that we should wait to approve this Policy until the AR is drafted.  If the Board approves this Policy, we think it is important that it then guide the drafting of the accompanying AR, as well as supporting documentation, such as training materials, safety plans, and parent/student handbooks.  We believe this Policy represents a significant improvement over the status quo for both accused students and for complainants, and do not think there is a benefit to delaying its implementation, assuming the Board approves it.

Engagement with Stakeholders

As noted previously, the attached Policy has benefitted from feedback we received from a number of stakeholders and experts, including representatives from the East Bay Community Law Center, the Sexual Harassment Advisory Committee, Public Counsel, Impact Justice, Parents of Children of African Descent (PCAD), the Berkeley Federation of Teachers (BFT), and Berkeley principals/site administrators at the elementary, middle, and high school levels.  We have also received advice and guidance from the District’s legal counsel.

POLICY/CODE:
Board Policy XXXX

FISCAL IMPACT:
There may be some small additional cost for instruction of the few students each year on extended suspension pending expulsion, but it is probable this would be offset, or even exceeded, by a reduction in expulsion hearings, which incur considerable legal costs for the district.

RECOMMENDATION:
To approve the Expulsion Policy.

BERKELEY PUBLIC SCHOOLS

President Leyva-Cutler called the meeting to order at 7:36 p.m. She reported that the Board convened to Closed Session at 5:45 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
Karen Hemphill, Director - Present
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Excused Absence

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:

Collective Bargaining (Government Code Section 54957.6): Lead Negotiator: Legal Counsel Roy Combs/District Representative Delia Ruiz – BCCE and Non-Represented

Motion to approve salary increase of non-represented employees by 2% with a 3% one-time bonus:Leyva-Cutler/Appel and unanimously approved 5-0.

Public Employee Appointment (Government Code Section 54957)

Supervisor, Special Education, BHS
Motion to approve the appointment of Suzanna Bell as the Special Ed Program Supervisor at BHS:
Alper/Daniels and unanimously approved 5-0.

Acting Principal, Berkeley Technology Academy
Motion to approve the appointment of Ardarius McDonald as BTA’s Acting Principal:
Appel/Daniels and unanimously approved 5-0. 

Student Discipline (Ed Codes 48900/48915)

Case #1415-11-111002 – Readmission

Motion to accept staff recommendation:
Appel/Daniels and unanimously approved 5-0.

Case #1415-12-111515 – Readmission

Motion to accept staff recommendation:
Alper/Appel and unanimously approved 4-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President –Yes
Judy Appel, Director/Clerk –Yes
Josh Daniels, Director – Recused
Karen Hemphill, Director - Yes
Angelo Paraiso-Arroyo, Student Director, BHS – N/A
Alaunte Keys, Student Director, BTA – N/A

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 Negotiations: Status Update

The Board received an update on this matter; no action was taken.

Superintendent’s Midyear Evaluation (Government Code Section 54957)

The Board discussed the Superintendent’s evaluation; no action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
At the request of Daniels, Action Item13.2, Request for Early Approval of LCAP Funded Restorative Practices and Intensive Support Counselors at Middle Schools, was moved to precede Action Item 13.1, Resolution16-050 Calling an Election on November 8, 2016, to Renew Authority to Impose a Qualified Special Tax on All Parcels of Taxable Real Property in the District’s Boundaries.

Motion to approve agenda as amended by Daniels:
Alper/Paraiso-Arroyo and unanimously approved 6-0. 

PUBLIC TESTIMONY
A total of three people addressed the Board:

A student shared her wonderful experience with BSEP and played her violin for the Board and audience.

BCCE Vice President thanked the Board for encouraging BCCE members to run for elections. 

UNION COMMENTS

In honor of Classified Staff Appreciation Week, Paula Phillips recognized all classified staff for their invaluable contributions to BUSD. She thanked Deputy Superintendent for her role at the bargaining table as she has moved the process along. On behalf of BCCE members, she expressed displeasure with the email that the Board sent to BCCE about the classification and compensation study. She reported that the bargaining teams have held three sessions, the last one ending last night at midnight, and have three more sessions to go. They are down to 17 classifications and want the momentum to continue. She requested that Deputy Superintendent Cleveland remain at the table to keep things running smoothly. 

COMMITTEE COMMENTS
President of the Council expressed support for BSEP and shared how her daughter benefitted greatly from BSEP.

Laura Babitt, Chair, PAC
Highlighted some comments from the PAC. There is concern about the use of supplemental funds for indirect student intervention services. The PAC is requesting data to be disaggregated by school, and for roles, goals and accountability measures to be more clearly defined. 

Bruce Simon and Danielle Perez of the P&o Committee hey expressed their support for the resolution on the agenda tonight. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hemphill announced that on June 2 there will be a special graduation for BRIDGE students.

Vice President Alper announced his appointment of Miles Kelekian to the Youth Commission. Miles is a BHS student leader committed to social justice.

Director Appel announced that a group of BHS students are organizing the first East Bay queer prom on June 10.

Director Daniels announced that Lifelong Medical is having a community art and wellness fair this Saturday from 11am to 3pm. He reported that Governor released his May revise.

President Leyva-Cutler acknowledged Jefferson students for their award winning film.

Superintendent Evans acknowledged classified staff recognition week and said that his appreciation of their work extends beyond just one week and into the entire school year. He congratulated Director Saddler who obtained her PhD yesterday. 

CONSENT CALENDAR
At the request of Director Appel, Consent Item 11.22, Recommendation for Expenditures in 2016-17 for Funds Allocated to Professional Development from the Berkeley Public Schools Education Excellence Act of 2006, was moved to Action.

Motion to approve the Consent Calendar as amended by Appel:
Alper/Hemphill and unanimously approved 6-0

Recommendation for Expenditures in 2016-17 for Funds Allocated to Professional Development from the Berkeley Public Schools Education Excellence Act of 2006

Motion to approve staff recommendation:
Hemphill/Alper and unanimously approved 5-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Recused
Karen Hemphill, Director - Yes
Josh Daniels, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – Excused Absence

PUBLIC HEARING -  8:30 PM
Public Hearing on the Superintendent’s Final Recommendation for the BSEP Measure Renewal of 2016, and the Issue of Calling an Election for Approval of a Qualified Special Tax

President Leyva-Cutler opened up the Public Hearing at 8:49. No one came forward.

Director Natasha Beery’s presentation reinforced the importance of local funding since the inception of BSEP in 1986. In looking at the various purposes of the measure, a major focus is centered on where the dollars are headed as expenses are beginning to exceed revenue. One notable change in the 2016 BSEP measure is the increase from and eight to a ten-year term. A ten year term will help ensure that the next measure continues to be financially stable while addressing the needs of our students. It’s important that we don’t see BSEP as a one-time thing, but as an ongoing resource

Appel, Hemphill and Alper thanked Director Beery, the P&O Committee, and the staff who took part in crafting this measure. Questions and discussion followed.

Motion to accept staff recommendation:
Appel/Daniels and unanimously approved 6-0.

ACTION ITEMS

Resolution 16-050 Calling for Election on November 8, 2016, to Renew Authority to Impose a Qualified Special Tax on All Parcels of Taxable Real Property in the District’s Boundaries

Motion to approve resolution 16-050:
Hemphill/Alper and unanimously approved 6-0. 

Request for Early Approval of LCAP-Funded Restorative Practices and Intensive Support Counselors at Middle Schools

Superintendent Evans explained that these positions are being presented for Board approval pursuant to BP 0460. Questions and discussion followed.

Daniels walked everyone through the conditions outlined in the LCAP policy.

The Board agreed to look at the policy to ensure full compliance.

Motion to approve LCAP funded Restorative Practices and Intensive Support Counselors at middle schools:
Appel/Hemphill and unanimously approved 5-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Recused
Karen Hemphill, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – Excused Absence

DISCUSSION ITEMS
Allotted time: 20 min
Actual time: 40 min

Update on Recruitment, Retention and Equity Work
Kacey Robinson explained that recruitment and retention efforts are a multi year work given the current state and nationwide teacher shortage. Her presentation highlighted some outcomes. There are conversations about how to pair up new teachers with mentors as well as how to follow-up and conduct evaluation. Questions and discussion followed.

Daniels said this was a great presentation. 

BOARD SELF-EVALUATION

Director Appel as observer:

• Items were well framed
• We did well with sticking to allotted time
• The presentation on recruitment and retention was a good example of addressing issues at the root
• There was mutual respect and civility

ADJOURNMENT
President Leyva-Cutler adjourned the meeting 9:52 p.m. The Board recessed into closed session. 

BERKELEY PUBLIC SCHOOLS

President Leyva-Cutler called the meeting to order at 7:30pm. She reported that the Board convened to Closed Session at 6:00pm.

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 – Excused
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: 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Alper/Appel and unanimously approved 6-0

PUBLIC TESTIMONY
A total of 12 people addressed the Board: 

A parent commented on the expulsion draft policy and expressed concern on the haste in which it is being developed and approved.

Two Thousand Oaks parents urged the Board to maintain the .2 FTE Spanish teacher position.

A parent spoke in support of the additional support for MX.

An EBCLC representative commented in support of Restorative Practices.

A community member commented on the LCAP plan and the math coaches. She made mention of the Algebra Project, which is based on the Civil Rights movement and has proven successful for 20 years.

PCAD representative expressed support for the expulsion policy and the option of restorative practices.

Three SHAQ members spoke in support of the restorative practices process.

An EBCLC rep said she’d really enjoyed collaborating with stakeholders and the policy committee in developing the expulsion draft policy. They support that students have an adult ally present when being questioned by an attorney.

UNION COMMENTS

Cathy Campbell ceded her time to Megan Regalado, a MX teacher, who thanked the Board for its allocation of additional support at her site. Breakdowns in sped staffing affect the learning of all students. While they appreciate the .4 support added to MX, she acknowledges the need for this support at other sites. They support the efforts to create a district wide tier staffing model. She proposed a working group to begin addressing special education density ratios by the second week in September and to enact their plans and solutions by December.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Daniels acknowledged the positive comments expressed during public comment. He announced that the Policy Committee meeting was postponed to Monday, June 6. The committee will review the LCAP policy, a draft protocol regarding communication with community about group threats and BUSD Educational Specifications. 

Director Hemphill shared that BUSD used to have the Algebra Project and thanked Black Education Matters for reminding us during public comment. 

Director Appel said she has advocated to work with the city to add more mental health counselors and a robust mental health center at Berkeley High that can meet the needs of students who have experienced trauma. She thanked Directors Alper and Daniels for their work on the policy committee and added that tandem efforts are happening int the RJP committee. 

President Leyva-Cutler reminded everyone of her office hours on June 9 at Casa Latina; no office hours in July.  

Superintendent Evans announced that author Kwame Alexander will visit BUSD tomorrow. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Keys and unanimously approved 6-0 

DISCUSSION ITEM

First Reading of Expulsion Policy Revision
Time allotted: 60 min
Actual time: 94 min

Vice President Alper explained that the Board Policy committee began this work last year. The current committee has broken up the policy and made recommendations. If the board approves this draft policy, we will work on an AR in alignment with the BP. This process is part of the response to the requests made by the African American community last year. 

The Board discussed what standard it should employ when deciding to readmit a student.

There was also discussion around whether there should be a formal appeal process with the Superintendent whereby the student can request a meeting in writing with the Superintendent to plead his/her case.

All agreed with his provision, except Daniels.

Appel suggested for a way to report a student’s suspension status to the Board during Closed Session.

Hemphill agreed because oftentimes by the time the Board determines not to expel a student, the student has already missed several weeks of instruction in the meantime.

Daniels explained he was not in favor of this because it doesn’t seem that it will not produce any different outcomes, but would add an additional procedure to the Superintendent.

Alper asked the Board for its input on whether we should include a provision to proceed, when appropriate, with restorative practices.

Hemphill said that expelling a student is one of the hardest decisions h a school district as to make, so the extra time provided in this option is worth it.

Daniels said he was comfortable with the language.

With respect to whether or not a parent should be present before the student is interviewed by an administrator, Hemphill added that it may not always be feasible to have the parent present, but the parent should always be contacted by the end of the day so they are aware. President Leyva-Cutler agreed and commented on the importance of parent contact. 

Alper suggested removing this piece and addressing in on another forum.

The Board discussed the time frame around when parents are notified that their child is being questioned.

Alper said that we would address this piece in the policy committee.

For this portion, Alper suggested including language to clarify that a parent will be contacted as soon as possible, but before the end of the school day.

Hemphill agreed and suggested that they revisit the issue in a separate policy to create guidelines around due process.

Appel asked for a provision around reentry plans for students who were

Hemphill pointed out that there was no mention of students with IEPs in this policy.

Susan Craig responded that in cases involving a student with an IEP the law requires that there be an investigation to determine whether the student’s offense is a manifestation of the student’s disability, and/or the student’s IEP has not been adequately implemented. When the finding is either of these, the suspension is then dropped. This will be referenced in this policy.

Alper thanked the Board for its input.

ACTION ITEMS

Allocation of Additional Special Education Staffing at Malcolm X for 2016-17
Time allotted: 40 min
Actual time:   10 min

Assistant Superintendent Scuderi thanked Malcolm X School for its advocacy. In moving forward with the proposed working group, the plan is to have sessions with teachers at various grade levels. He explained that the rationale to adding a .4 FTE special education position at MX was based on state average ratios. He hopes to get the listening sessions started by the end of the school year.

Hemphill said this was a step in the right direction.

Daniels moved to approved the item with the clarification that it is a one-time funding for next year pending the result of the process. He also adds that in adding this expenditure, we should identify offsets:

Daniels/Alper and unanimously approved 6-0

DISCUSSION ITEM

Information on the Governor’s Budget (May Revision)
Time allotted: 45 min
Actual time: 18 min 

Deputy Superintendent Javetta Cleveland presented the significant changes as a result of the Governor’s May revise budget. She said Proposition 98 is rising at a much lower rate. In past years the budget started at a low revenue rate and the forecast eventually got better. This year, one-time and ongoing revenue in education will grow slightly above the January forecast. The May Revision projects the Local Control Formula (LCFF) will be 95.7% implemented in 2016-17, almost meeting the target at the end of 2017. The super charge increase is over and schools just receive an increase in cost-of-living adjustments (COLA). 

Overall, the impact on education funding is signaling slow to no growth in income and sales tax which is 90 percent of the general revenue. The May revision is built on the assumption that no new revenue is on the horizon. If the recession occurs and Proposition 30 is not extended, cuts in education can occur. Questions and discussion followed.

EXTENDED PUBLIC TESTIMONY
A MX parent thanked the Board for its support to increase special education staffing.   

BOARD SELF-EVALUATION

Alper as the observer:

• Items were framed well
• We went over by half an hour on the expulsion item, but it was worth it.
• Our under estimated time for the Special Ed item is a testament to the work that has been done.
• Addressed issue at the root in the expulsion policy draft.
• Good job at modeling mutual respect

Appel will act as the observer at the next meeting. 

ADJOURNMENT
President Leyva-Cutler adjourned the meeting at 10:40 p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:       Beatriz Leyva-Cutler, President
DATE:        June 29, 2016
SUBJECT:  Board Appointment to the Youth Commission

BACKGROUND INFORMATION: 
The Youth Commission is tasked with reviewing and recommending services and programs that address the needs of youth in the community. The Board of Education makes seven individual appointments and two at large appointments for a total of nine appointments to the Youth Commission

Currently on the Youth Commission, Angelina Rodriguez represents President Leyva-Cutler, Alejandra Leon represents Director Daniels, Miles Kelekian represents Vice President Alper, Ruby Spies represents Director Appel and Sachiko Moran represents Student Director Paraiso-Arroyo.

Tonight the Board will fill the remaining four vacancies. Student Director Keys will appoint Noah Winkleman, Director Hemphill will appoint Alexandria Hamilton, and the Board as a whole will appoint Alexandria Rose Tesch and Ceara Schreibstein.

RECOMMENDATION:
Make final Board appointments to the Youth Commission. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:          June 29, 2016
SUBJECT:   Approval of Estimated Actuals for 2015-16 and the 2016–17 Adopted Budget

BACKGROUND INFORMATION:
The 2016–17 Adopted Budget, Budget Assumptions, Multi-Year Projections and Multi-Year Projections are submitted under separate cover for review and approval.

he 2015-16 estimated actuals (budget) are also included with the 2015-16 Adopted Budget.  The 2015-16 estimated actuals (budget) includes budget adjustments made since the 2015-16 Second Interim Budget.The 2015-16 Estimated Actuals include the changes made to incorporate projected and negotiated salary increases.

The 2016-17 Adopted Budget is based on on the May Revision and reflects increase in CalSTRS and CalPERS rates, and the increase in LCFF gap funding.  Other changes will be presented in a forty-five day revision to the Budget based on the approved State Budget, if material and needed.   When the State adopts the budget, the Board will need to approve the 45 Day Revision on or before July 31, 2016. The Adopted Budget also includes additional expenses directed by the Board on June 15, 2016 as part of the presentation of the Preliminary Budget.

POLICY/CODE:
California Education Code Sections 42122-42129

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Approve the 2015-16 estimated actuals and the 2016-17 adopted budget and multi-year projections (under separate cover).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D. Superintendent
FROM:          Patricia Saddler, Director of Programs and Special Projects
DATE:         June 29, 2016
SUBJECT:   LCFF Supplemental Funding Plan 2016 – 2019 

BACKGROUND INFORMATION:
June 2016 marks two years since the approval of Berkeley’s initial Local Control & Accountability Plan (LCAP).  The purpose of the LCAP is to demonstrate how state funds from the Local Control Funding Formula (LCFF) Supplemental Funds will be used to increase, improve and expand programs and services to ensure positive academic outcomes for our high-needs students.  High-needs students are defined by California Department of Education as English learners, foster youth and students qualifying for the free/reduced lunch program.  BUSD has also identified as high needs African-American/Black, and Latino subgroups and Students with Disabilities.  LCFF Supplemental funds are determined based on the number of unduplicated count of English learners, foster youth and students qualifying for the free/reduced lunch program.

LCAP Goals

The LCAP actions and services are each situated under the three focus goals:

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

After the first and second draft were presented to the Board of Directors and Stakeholders (PAC and EAC), the feedback was utilized to create the final version of LCAP for 2016-17 thru 2018-19.  The Board held the required public hearing on June 15 to ensure that the community had the opportunity to review and comment on the second draft.  At the public hearing the proposed new actions and services for 2016-17 were discussed. 

The proposed new actions and services are:

Goal One: 

1. Early Back Summer Literacy Program and Saturday Academy

   For pre-identified students entering Grades One thru Three         -$31,000.

2. Additional .40 fte – RTI² (Malcolm X)                                             -$41,000.*

Goal Two:  Equity Teacher .5 fte                                                              -$51,000.

Goal Three:

1. Middle School Restorative Practices Counselors -                -$307,000. (approved – 5/4/2016)
2. Intervention Counselor BHS – 1.0 fte                                     -$107,000.

*At the June 15 public hearing meeting the Board requested that we present alternative scenarios for the proposed funding of .40 fte RTI Teacher for Malcolm X School. Here are two options:

 Option #1:  Allocate Additional RTI Staffing to Malcolm X (recommended by the educational services division)

• Approve the current plan and include an additional .4 to support response to intervention work at Malcolm X
• Addresses some proportionality issues across the three major LCAP-funded components of K-5 coordination of services teams and systems
• School size should factor in to developing effective staffing of support services teams

Option #2: Add the equivalent of the .4 FTE (approximately 41K) funding to the allocation of Restorative Practices work at BHS

• Would provide funding for possibly 2 mentors to work with the existing RJ consultant next fall

The final LCAP is being presented for approval, pending final direction regarding these options. The approved plan must be submitted to Alameda County Office of Education on or before June 30, 2016.  

Preliminary Data Findings

Following the Board Document in Table A is a summary of the outcomes and measures available for early analysis including where available, the further results and a comparison of the number and percentage of sub-group participation can be found in the Annual Update starting on page 53.  A summary by action and dollar amount can be found on page 126.  This section also includes a summary by action of the percent of unduplicated participating the action / service where applicable.   

We are excited to report that these early measures demonstrate positive patterns of success in the majority of the areas measured including an increase for our targeted subgroups in the:  

• performance by Third Graders on the English Language Arts portion of the Smarter Balanced Assessment (SBA) 
• performance by Third Graders on the District Teachers College Reading Assessment (TCRWP)
• performance by Eleventh Graders on the English Language Arts and Math portions of the Early Assessment Program (EAP)
• number of UC / CSU courses completed by graduation 
• Math Proficiency on the new district Math Assessment
• performance of students participating in Middle and High School AVID on the Smarter Balanced Assessment in English Language Arts
• number of High School Bridge and AVID students accepted to college
• the percentage of African-American and Latino teachers hired and retained
• the percentage of English Learners making progress on the California English Language Development Test (CELDT)
• the percentage of long-term English Learners reaching the proficient level on the California English Language Development Test (CELDT)
• the number and percentage of English Learners being reclassified
• the participation of students in alternatives to suspension including Restorative Practices and the Bay Area Peacekeepers
• the total number and per student ratio of families served by the Office of Family Engagement and Equity

In addition, we were excited to see a decrease for our targeted subgroups in the: 

• the number of students who are chronically absent
• the number of secondary students who were suspended 
• the total number of suspensions 

We did see a drop in the performance of eighth graders on the SBA in Mathematics as well as a drop in the performance of Socio-Economically Disadvantaged students on the EAP.  In addition, Middle School students participating in Bridge did not make the progress as measured by Smarter Balanced Assessment and the Middle School Reading and Writing Assessments.

POLICY/CODE:
Education Code:  52060 

FISCAL IMPACT:
Expend $4,970,617 LCFF Supplemental Funds in accordance with Local Control & Accountability Plan.

STAFF RECOMMENDATION:
Approve the 2016-2019 Local Control & Accountability Plan

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D, Superintendent
FROM:       Timothy White, Executive Director of Facilities
DATE:        June 29, 2016
SUBJECT:  Future 2020 Bonar, West Campus Facility Use 
 

BACKGROUND INFORMATION:
Realm Charter High School has been located at the West Campus since the 2010 school year and is currently not planning to request a renewal of their lease agreement.  The current lease agreement with Realm Charter High School expires in the summer of 2017-18. At that time, Realm will move out of the facility by the Fall for 2018-19 school year. Given the eventuality of reclaiming 16 additional classrooms in the 2018-19 school year, we need to consider how best to use this classroom inventory to accomplish District’s facilities goals. 

The guiding principle for this discussion is framed by the question, “Does the board want to give staff direction to explore options for 2020 Bonar and come back to the board in November/December 2016 with a recommendation for how to utilize the space in the fall of 2018?”

Attached is a break-out of cost estimates for various options for how we could re-purpose the West Campus space, including the possibility of using the space for a new school.

Most of the potential options for use of the West Campus space require a decision to be made by the end of this calendar year. For example, as many as 24 months may be needed to make the necessary improvements to the West Campus located at 2020 Bonar to accommodate being reconfigured as a new elementary school. Thus, the Board will need to make a decision in the late Fall, and by December 2016 at the latest – if the decision is to open a new school in the West Campus facility by Fall 2018. (Note that any new school facilities will be built according to the Education Specifications that were recently completed.)

Funding for the various options presented in the attachment has not yet been secured. None of the options purposed here for West Campus have been fully developed, nor has funding been committed from the current general obligation bond, Measure I, which is fully allocated to existing projects. The existing Measure I projects were all Board-approved and any new school or new capital project increasing classroom capacity associated with these options would also be subject to Board approval.

If the board sees fit to re-prioritize the current expenditure plan associated with Measure I to fund this or other projects, that is within its authority to do so. Alternatively, staff could also return later in the year with our best thinking as to how the recommended project could be funded.

Please note that these cost estimates are for the construction related expenditures incurred during the startup process for a new school. They are mostly associated with planning, construction and management costs and do not include the cost for operations, utilities and or staffing.

Any discussion associated with increasing classroom inventory and the building of a new school should consider the capacity analysis presented at the June 15, 2016 Board meeting, as well as possible implications on existing attendance zone boundaries. All options would require an attendance boundary review. This has been plugged into the analysis as well.

Staff would like the Board to discuss a plan for making a decision about how to repurpose the West Campus space when it becomes vacant in the Fall of 2018. Staff's recommendation is for the Board to provide direction to spend the next five months evaluating the options in the attachment, discussing the options with various stakeholders, and returning to the Board at the end of the year with a recommendations for how to proceed with the West Campus Space. 

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

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept 2020 Bonar Capacity Expansion cost estimates for discussion. Provide direction to staff to return to Board towards the end of the year with a recommendation for the use of 2020 Bonar's West Campus for the 2018-19 school year. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:        Beatriz Leyva-Cutler, President
Ty Alper, Vice-President
DATE:        June 29, 2016
SUBJECT:  Mid-Year Board Evaluation

BACKGROUND:
We have set aside some time on the agenda of our last meeting of the school year to have a discussion, and get feedback on how well the meeting and agenda process has run so far this year.  We are hoping that we can focus on any suggestions for improvements for the second half of the school year.

We would appreciate feedback not only from our Board colleagues, but also from the Superintendent, and, if possible, the Deputy Superintendent, Assistant Superintendents, and the Board’s Executive Assistant.

We are open to discussion and feedback on any topic but in our limited time wanted to highlight a few areas about which we particularly wanted to invite feedback:

1. Allotting time: Do you have thoughts on how we have been allotting time to various items, and memorializing in the minutes how much time we actually spent on them?  Does this practice help us govern, stay on topic and get to the root of issues? Thoughts on the practice of limiting Board comment time?
2. Do you have any feedback on agenda creation, i.e., on how well we did generally in deciding which items to put on the agenda?
3. How can we better support our student directors at the meetings?
4. Does the quick self-evaluation at the end of each meeting serve a useful purpose? 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Timothy White, Executive Director of Facilities 
DATE:        June 29, 2016
SUBJECT:  Measure H Third Quarter FY 2016 Report

SUMMARY AND DISCUSSION
This report is an update of the Maintenance Department for the third quarter of the 2016 Fiscal Year.  The reporting period covers January 1, 2016 through March 31, 2016.  The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved Plans as we make progress on those goals. 

COMMUNICATION/REPORTING
The Committee met on January 20^th and February 17^th.  The Committee received the Second Quarterly Report and Second Interim Report.    

COMMITTEE MEMBER COMMENTS

• The Committee would like to see more detail regarding the nature of fire and elevator infractions and the status of resolution.
• The Committee would like to see an estimated reporting on usage and savings from the installation of solar panel systems and other energy efficiency initiatives.
• The Committee is interested in waste reduction and would like to see the District initiate educational programs and training for staff and users to achieve zero waste.
• The Committee was disturbed that that the District incurred a fine for a hazardous waste infraction. We would like to see that processes are implemented to ensure that this does not happen again.

MAINTENANCE
The fire marshal performed nine inspections.  Seven passed inspection.  We received reports noting infractions for two.  We are in the process of making required corrections.   

The State elevator inspector performed six inspections during this period of time, and all had some infractions.  We have corrected four and two are in progress.

TRAINING
In addition to monthly safety training, all maintenance and grounds personnel were trained in search and rescue procedures and techniques by the Berkeley Fire Department at their training facility. 

GROUNDS   
During winter, grounds personnel follow a modified grounds maintenance schedule due to inclement weather. Grounds personnel spend extra time keeping the storm drains clean in order to avoid flooding issues. 

Many of our fields are closed as needed during rainy days in order to protect them from damage.

VEHICLES AND EQUIPMENT
We plan to buy two new vehicles this year.    

STAFFING

Total                                                        41.64 FTE

We do not detail the 5% of head custodians charged to the Measure H Fund in the chart above. 

BUDGET

The Measure H 2^nd Interim Plan for FY 2016 was presented to the Committee and the Board in February.  

CUSTODIAL
Custodial meetings are continuing. We are in the process of hiring the Facilities After Hours Supervisor.  All custodial vacancies have been filled. 

UTILITY REDUCTION AND MONITORING
There is nothing to report at this time. 

PROPERTY MANAGEMENT
Staff processed 119 permits from January 1st to March 31^st.  The gross revenue received in this time period was $86,041.41.  These numbers do not include Berkeley High because we have not yet received that information from them.

WASTE MANAGEMENT  
We continue to see positive results with our reduction efforts.  We did see some spikes in our bills due to the compactor being down at Berkeley High 

HAZARDOUS MATERIALS  
As reported last quarter, the City of Berkeley issued several citations and fines totaling $238,000 for Berkeley High Science Department infractions. We recently settled and signed off on a fine of $7,000.        

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         June 29, 2016
SUBJECT:  Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014. This report includes updates of all active construction projects.  

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?