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Regular Meeting
Berkeley USD
September 07, 2016 6:30PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 6:30 PM
Quick Summary / Abstract:

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


2. Closed Session Public Testimony
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 6:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 


3. Closed Session
Quick Summary / Abstract:

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

3.1. Public Employee Appointment (Government Code Section 54957)
3.1.1. Interim Assistant Superintendent for Human Resources
Speaker:
Javetta Cleveland
3.2. Conference with Real Property Negotiators (Government Code Section 54956.8)
3.2.1. District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of September 7, 2016
Rationale:
1.  Call to Order
The Presiding Officer will call the meeting to order at 6:30 p.m. The Regular Meeting will convene by 7:30 p.m. 
2.  Closed Session Public Testimony
Persons wishing to address the Board should fill out a green speaker card. Cards 
turned in by 6:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

3.  Closed Session

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 Public Employee Appointment (Government Code Section 54957)
3.1.1 Interim Assistant Superintendent for Human Resources (5 min)
3.2 Conference with Real Property Negotiator (Government Code Section 54956.8)
3.2.1 District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update (45 min)

4. Call to Order - 7:30 PM

5. Report on Closed Session


6. Approve Regular Meeting Agenda of September 7, 2016

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).
Unions
Berkeley Federation of Teachers (BFT)
Berkeley Council of Classified Employees (BCCE)
Union of Berkeley Administrators (UBA)
Local 21

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.

Committees:
BSEP Planning & Oversight Committee|
Berkeley Arts Steering Committee (BAESC)
Measure I Construction Bond Oversight Committee
Parent Advisory Committee (LCAP)
District EL Advisory Committee
PTA Council
Audit Committee
Facilities Safety and Maintenance Oversight Committee (FSMOC)

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

11.  Consent Calendar
11.1 Approval of Human Resources Reports
11.2 Employment Contract for Interim Assistant Superintendent of Human Resources
11.3 Approval of Overnight Field Trips
11.4 Approval of Additional Costs Associated with Consolidated Transitional Kindergarten (TK) Programs in SY 2016-2017
11.5 Approval of Master Contracts for Two Non Public Schools for 2016-17 School Year
11.6 Acceptance of Gifts/Donations
11.7 Approval of Contracts/Purchase Orders for Services Contracts
11.8 Approval of Memorandum of Understanding between Safir Associates and Berkeley Unified School District to Conduct Professional Development for Culturally Responsive Teaching Practices at BHS
11.9 Approval of Tentative Agreements/Memorandum of Understanding for the Implementation of CalPERS Benefits Plan
11.10 Approval of Resolutions 17-025 through 17-033 to Contract with CalPERS Health 
11.11 Approval of Board of Education Meeting Minutes for August 24, 2016

12. Action
12.1 2015-16 Unaudited Actuals
12.2 Approval of Gann Limit Resolution 17-001

13. Discussion Items
13.1 Local Control and Accountability Plan (LCAP) Data Evaluation for Goal 2: End the Racial Predictability of Academic Achievement by Ensuring that All Systems are Culturally and Linguistically Responsive to the Needs of Our Students (50 min)


14. Information Items
14.1 Smarter Balanced Assessment (SBA) Results

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


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

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

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

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

Unions

Berkeley Federation of Teachers (BFT)

Berkeley Council of Classified Employees (BCCE)

Union of Berkeley Administrators (UBA)

Local 21


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

Committees

BSEP Planning & Oversight Committee

Berkeley Arts Steering Committee (BAESC)

Measure I Construction Bond Oversight Committee

Parent Advisory Committee (LCAP)

District EL Advisory Committee

PTA Council

Audit Committee

Facilities Safety and Maintenance Oversight Committee (FSMOC)


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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             September 7, 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.

 
Attachments:
Certificated Personnel Report 09.07.16
Classified Personnel Report 09.07.16
11.2. Employment Contract for Interim Assistant Superintendent of Human Resources
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:        Donald Evans, Ed.D., Superintendent
DATE:          September 7, 2016
SUBJECT:   Employment Contract for Interim Assistant Superintendent of Human Resources

BACKGROUND INFORMATION:
While staff recruit and contract an Assistant Superintendent of Human Resources, there is a need to employ an interim Assistant Superintendent for approximately six weeks to ensure a continuity of services.  Attached is the employment contract staff recommends to fulfill this need.

POLICY/CODE:
Education Code sections 44929.28, 45100.5, and 45103

FISCAL IMPACT:

Approximately $29,000 from the general fund

STAFF RECOMMENDATION:
Approve the employment contract for the Interim Assistant Superintendent of Human Resources.

 
Attachments:
Employment Contract Interim Assistant Superintendent HR
11.3. Approval of Overnight Field Trips
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         September 7, 2016
SUBJECT:  Approval of Overnight Field Trips

BACKGROUND INFORMATION:

The following overnight field trips are being requested:

Redwood Regional Park, Oakland, CA, September 9-11, 2016

Approve participation of thirty students, three teachers, and one other adult from Berkeley High School’s Executive Student Leadership team on a two-day, one-night field trip to Redwood Regional Park in Oakland, CA.  The group will depart BHS on Friday, September 9, at 3:45 p.m., and return Sunday, September 11, 2016, at 11:45 a.m.  Community building, school culture, goal setting, action planning and leadership skills development will be the focus of the retreat. Students will sleep in gender specific tents. Transportation will be provided by parents/private vehicles. The entire cost of the trip $800.00-1,000.00, will be financed with BHSDG funds.  Requested by Sam Pasarow, BHS Principal.

Cazadero Jumpstart Retreat for BHS Band/Orchestra/Jazz, Berkeley, CA, September 16-18, 2018

Approve participation of 100 Berkeley High School students, 4 teachers, and 10 non-staff adults, on a two-day, one-night field trip to Cazadero Performing Arts Camp, (CazPAC) in Berkeley, CA. 

Parents and teachers who have filed appropriate paperwork per Resolution 04-65 will provide transportation for students to the CazPAC from BHS on Friday, September 16, at 9:00 a.m and from the event at 6:00 p.m. on Sunday, September 18, 2016.  During the retreat, advanced band students will bond and rehearse in preparation for the 2016-2017 school-year. 

Students will sleep in supervised, gender specific tent cabins in separate rooms chaperoned by parents.  The total cost of $75.00 per student will be paid with parent/guardian fundraising and BHSDG funds.  No student will be denied access based on inability to pay.  Requested by: Karen Wells, Orchestra Teacher and Sam Pasarow, BHS Principal 

International Music Festival BHS Chamber Orchestra & Winds, Chicago, IL, April 9-13, 2017

Approve participation of 70 Berkeley High School students, 3 teachers and 7 non-staff adults, on a five-day, four-night field trip to the Chicago International Music Festival.  The students will gain performance experience and a deeper understanding of their musicianship and their music ensemble as well as a real world application of music.

The group will depart from BHS on Sunday, April 9th in the morning and return on Thursday, April 13th, 2017 in the evening. Students will sleep in supervised, gender specific quad hotel rooms in separate rooms chaperoned by parents at the Hampton Inn & Suites-downtown Chicago. World Projects Tour Co. is handling all reservations and contracts. The cost of $1698.00 per traveler will be paid with Band & Orchestra fundraising.  No student will be denied access based on inability to pay.  Requested by: Karen Wells, Orchestra Teacher and Sam Pasarow, BHS 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.



 
11.4. Approval of Additional Costs Associated with Consolidated of Transitional Kindergarten (TK) Programs in SY 2016-2017
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

 


TO:               Donald Evans, Ed.D, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:            September 7, 2016
SUBJECT:    Additional Costs Associated with Consolidation of Transitional Kindergarten (TK) Programs in SY 2016-2017

BACKGROUND INFORMATION:
On March 9 of 2016, the board authorized a plan –along with its related costs- to temporarily consolidate the transitional kindergarten (TK) programs at three BUSD sites. This move was proposed and authorized in response to existing needs to preserve flexible classroom spaces at many school sites, as well as to partially alleviate and manage some of the general impact of enrollment growth at elementary schools in Berkeley.

The plan, effective for at least the 2016-2017 school year, houses two TK sections at Malcolm X, two at LeConte, and places three additional sections at the King Child Development Center.

Within the March 9 approval for this plan, staff projected the costs listed below which included capital program improvements as well as costs associated with additional staffing for King CDC related to the incoming TK classes. Those costs were as follows:

Approximately $30,000 in capital program/facilities improvements.

Approximately $55,026 in new staffing:

  • $33,026 for food services satellite operator.

  • $12,000 for noon supervision.

  • $10,000 to increase title/compensation for TK administrator

The staffing costs presented with the TK consolidation this past March 9 did not reflect impact on the general fund related to the differential between duties associated with the  School Secretary classification at King CDC associated with supporting students in the TK classes; work that technically aligns with the position of School Secretary II at elementary school sites.

On May 18, 2016, the Board approved resolution 16-034 which reduced the King CDC secretarial position from 1.0 FTE to 0.6 FTE. The same resolution also then added the School Secretary 1 to King CDC in the amount of 0.4 FTE. With restricted Early Childhood Education funds not being able to cover the portion of this position now classified as School Secretary II, general funds in the approximate amount of $22,000 to cover this 0.40 FTE position.

The impact of the District’s recently completed Classification and Compensation study changing the School Secretary I to a School Secretary II also created an increase in costs greater than expected related to the 0.40 FTE.

Staff is requesting approval for the additional general funds to cover a 0.40 FTE School Secretary II position to support Transitional Kindergarten students at the administrator at King CDC until such a time when those TK classes are moved back to elementary school campuses.

FISCAL IMPACT:
$22,000 from LCFF base grant.

STAFF RECOMMENDATION:
Approve the expenditure.


 
11.5. Approval of Master Contracts for two Non Public Agencies for 2016 - 2017 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:         Lisa Graham, Director, Special Education
DATE:          September 7, 2016
SUBJECT:      Approval of Master Contracts for Nonpublic Agency Services for the 2016-17 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. 

Non Public Agency

Estimated Total Cost

Center for Autism and Related Disorders

75,460.00

Ed Support Services

281,580.00

S.T.A.R. Academy- Haynes Family of Agencies

35,000.00

Total

$392,040.00      

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $392,040.00 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Master Contracts for the Nonpublic Agencies listed above.


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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:         September 7, 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. Washington PTA donated $34,148.48 to partially support the arts program and $22,025 to partially support the physical education program for a total donation of $56,173.48 for Washington Elementary School.

BOARD POLICY:
BP 3290 

FISCAL IMPACT:
The District received a total $56,173.48 in donations.

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


 
11.7. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         September 7, 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. Best Instrument Repair Co., to provide musical instrument repair for Visual and Performing Arts Department for 2016/17 SY. The cost will not exceed $13,000. To be paid from BSEP Fund. Requested by Peter Gidlund.
  2. Mad Science Lab, to provide after school enrichment classes at Malcolm X Elementary School for the period from 9/2/16-6/15/17. The cost will not exceed $16,896. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  3. Play-Well TEKnologies, to provide after school enrichment classes at Malcolm X Elementary School for the period from 9/2/16-6/15/17. The cost will not exceed $11,440. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  4. Dan Saski, to provide after school enrichment classes at Jefferson Elementary School for the period from 9/6/16-6/1/17. The cost will not exceed $10,560. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  5. Amy Kao, to provide after school enrichment classes at Jefferson Elementary School for the period from 9/6/16-6/1/17. The cost will not exceed $11,424. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  6. Henri Ducharme, to provide after school enrichment classes at Jefferson Elementary School for the period from 9/6/16-6/1/17. The cost will not exceed $14,784. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  7. Laurel Watanabe, to provide after school enrichment classes at Jefferson Elementary School for the period from 9/6/16-6/1/17. The cost will not exceed $21,600. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  8. Community Alliance for Learning, to provide on-site coordination of WriterCoach program for Willard, King and Longfellow Middle Schools for the period from 8/30/16-6/16/17. The cost will not exceed $35,300. To be paid from BSEP Discretionary Fund, Restricted Donations and BSC Grant Fund. Requested by Marcos Garcia. 
  9. Bay Area Community Resources Inc., to provide mental health services for Cragmont Elementary School for the period from 9/6/16–6/30/17. The cost will not exceed $23,000. To be paid from BSEP Measure A Fund and General Fund. Requested by Hazelle Fortich.
  10. Nikao Youth Enrichment Services, to provide mentoring and case management services to Martin Luther King Middle School for the period from 9/1/16 – 6/30/17. The cost will not exceed $32,400. To be paid from BSEP Measure A Fund. Requested by Janet Levenson.
  11. Stiles Hall, to provide tutoring counseling services for Martin Luther King Middle School for the period from 9/1/16–6/30/17. The cost will not exceed $20,000. To be paid from General Fund and BSEP Measure A Fund. Requested by Janet Levenson.
  12. Tiny Tech Club, to provide after school enrichment classes at Malcolm X Elementary School for the period from 9/2/16-6/15/17. The cost will not exceed $13,596. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  13. Stephanie Allan, to provide CTE Program and Curricula development at Berkeley High School and Berkeley Adult School for the period from 7/1/16-6/30/17. The cost will not exceed $25,000. To be paid from General Fund. Requested by Pasquale Scuderi.
  14. Ken’s Pro Sound, to provide upgrading of sound system at Thousand Oaks Elementary School and perform minor repairs at Malcom X and Donahue gym for 2016/17 SY. The cost will not exceed $12,669.50. To be paid from Measure H. Requested by Steve Collins.
  15. Verde Design, to provide feasibility study for Facilities Department for the period from 9/8/16-6/30/17. The cost will not exceed $40,000. To be paid from Measure AA. Requested by Timothy E. White.
  16. Pamela Harrison-Small, to provide ongoing professional development to teachers, administrators, and other staff on cultural awareness and competence  for the period from 8/1/16-6/30/17. The cost will not exceed $17,312.50. To be paid from BSEP Professional Development and General Fund. Requested by Pasquale Scuderi. 
  17. Bay Area Community Resources Inc., to provide mental health services for Oxford Elementary School for the period from 8/30/16--6/30/17. The cost will not exceed $18,200. To be paid from BSEP Measure A Fund and General Fund. Requested by Beth Rhine. 

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

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





 
11.8. Approval of Memorandum of Understanding between Safir Associates and Berkeley Unified School District to Conduct Professional Development for Culturally Responsive Teaching Practices at BHS
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Ed.Services  
DATE:        September 7, 2016
SUBJECT:  Approval of Memorandum of Understanding between Safir Associates and Berkeley Unified School District to Professional Development for Culturally Responsive Teaching Practices at BHS.

BACKGROUND INFORMATION:
The MOU for work with Safir Associates was created in coordination with ongoing Berkeley High School Professional Development efforts. The goals of the work with Safir associates include support in comprehensive work in building the capacity of BHS teachers in implementing Culturally Responsive Teaching practices. The organization will support the design of three modules of Culturally Responsive Teaching professional development for each of the fall all staff professional development days. Additionally, the group will support the planning and facilitation of the 2 day Teacher Leadership retreat in August. This preparation will include several meetings prior to the start of school.

Also, Safir Associates will use a “train the trainers” model for providing follow-up support for Professional Development Lead teachers. This support will include one-on-one and group development in concepts of Culturally Responsive Teaching, group dynamics and facilitative leadership, and leading teacher action research.

Teachers and Teacher Leaders have long been requesting this type of professional ongoing support in terms of implementing Culturally Responsive practices. The community and parents have also explicitly requested this type of training.

POLICY/CODE:
Education Code Section

FISCAL IMPACT:
$25,000 total. $13,275 donated from the Berkeley High School Development Group. $8,3000 donated from the Berkeley Public Schools Fund (as part of the Design Team Strategic Impact Grant). $3,425 from BHS Site monies.

STAFF RECOMMENDATION:
Approve the Memorandum of Understanding with Safir Associates. Pending receipt of proof-of-insurance, W-9 and proof-of-deposit. 



 
11.9. Approval of Tentative Agreements/Memorandum of Understanding for the Implementation of CalPERS Benefits Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:  Donald Evans, Ed. D., Superintendent                         

FROM:      Delia Ruiz, Assistant Superintendent, Human Resources         

DATE:           September 7, 2016       

SUBJECT:    Approval of Tentative Agreements/Memorandum of Understanding for the

                      Implementation of CalPERS Benefits Plan

 

BACKGROUND INFORMATION

On August 24, 2016, the Board passed resolutions approving contracting with CalPERS to offer health care plan options to address the continuous increases in health care costs. To implement this option, staff negotiated with the unions. Attached are the Tentative Agreements/Memorandum of Understanding that reflect the revisions to existing contract language necessary to implement this option.

 

POLICY/CODE:

Government Code section 3450 et seq., 22777, 22807, 22892 (b) (c), 22920

 

FISCAL IMPACT:

As indicated in the August 24, 2016 Board document detailing the CalPERS Health Plan implementation.

 

STAFF RECOMMENDATION:

Approve the attached Tentative Agreements/Memorandum of Understanding.



 
Attachments:
BCCE CalPERS Health Benefits
BFT CalPERS Health Benefits
Local 21 CalPERS Health Benefits
UBA CalPERS Health Benefits
11.10. Approval of Resolutions 17-025 through 17-033 to Contract with CalPERS HealthWas edited within 72 hours of the Meeting
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Kimberle Sanders, Health Benefits & Risk Manager
DATE:         September 7, 2016
SUBJECT:   Approval of Resolutions 17-025 through 17-033 to Contract with CalPERS Health

BACKGROUND INFORMATION:
On August 24, 2016 The Board voted to accept staff’s recommendation to move to CalPERS Health. The vesting resolution, part-time resolution and basic resolution for BFT, UBA and Certificated Management, were issued erroneously as “non pers’ groups. These groups should have been issued as “pers” groups and as such, resolution #17-012, 17-013,17-014, 17-015, 17-016, 17-017, 17-018, 17-019, 17-023, are being replaced with resolution #17-025, 17-026, 17-027, 17, 028, 17-029, 17-030, 17-031, 17-032, 17-033. With some slight changes to the title and the correction of government code sections, no material changes have been made to the previously signed resolutions.

POLICY/CODE:
CalPERS Eligibility Requirements will be instituted.

FISCAL IMPACT:
The amendment of these resolutions has no additional fiscal impact.

STAFF RECOMMENDATION:
Staff recommends the Board approve and sign the newly amended CalPERS resolutions for BFT, UBA, and Certificated Management, to enter CalPERS health as “pers” groups.   






 
Attachments:
CalPERS Resolutions 17-025 through 17-033
11.11. Approval of Board of Education Meeting Minutes for August 24, 2016Was edited within 72 hours of the Meeting
Rationale:

BERKELEY PUBLIC SCHOOLS

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

510-644-6206
Official Minutes
August 24, 2016 


President Leyva-Cutler called the meeting to order at 7:30p.m. She reported that the Board convened to Closed Session at 6:35p.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
Petra Silvey, 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:  

Parent/Student Challenge to Content of Pupil Records (Ed. Code Section 49070 (c))

Motion to expunge the student’s record:
Hemphill/Alper and failed to pass on a 2-2 vote:
Beatriz Leyva-Cutler, President – No
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Abstained
Josh Daniels, Director – No
Karen Hemphill, Director - Yes 

Motion to expunge all records related to the referral for expulsion and any related proceedings, but not the original suspension: 
Daniels/Alper and approved on a 3-1 vote:
Beatriz Leyva-Cutler, President – No
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Abstained
Josh Daniels, Director – Yes
Karen Hemphill, Director - Yes 

Collective Bargaining (Government Code Section 54957.6): Lead Negotiator Legal Counsel Roy Combs/District Representative Delia Ruiz—BFT, BCCE, Local 21, UBA 

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

Conference with Real Property Negotiator (Government Code Section 54956.8)

District Negotiator: David A. Soldani, Legal Counsel; Negotiating Part: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update

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

OPEN SESSION

President Leyva-Cutler began open session with a moment of silence in honor of the four young people and former BUSD students who lost their lives to violence over the last two weeks.

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda as amended by Director Hemphill:
and unanimously approved 6-0

Swearing in of new student director
Petra Silvey was sworn in to represent BHS on the school board. . 

PUBLIC TESTIMONY
A total of two people addressed the Board:

A community member expressed interest in being appointed to the Peace and Justice Committee

A community member and member of BHS class of 1959 thanked the Board for all of their work.

UNION COMMENTS

BFT President Cathy Campbell commented in support of the transition to CalPERS. She thanked the Board for the resolutions on tonight’s agenda. She also highlighted some of the good news as told by the LCAP.

BCCE Paula Phillips commented in support of BUSD’s transition to CalPERS. She also thanked all of the BCCE members for getting the schools up and running for the new school year.

UBA President thanked Janet Levenson thanked Delia Ruiz for her work in BUSD. She also thanked Superintendent Evans and Deputy Superintendent Cleveland for responding to the needs of the unions.

Local 21 President Steve Collins also thanked Delia Ruiz, Javetta Cleveland and the team who worked to get us to CalPERS. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Daniels shared a study released on the soda tax by UC Berkeley that showed a reduction in consumption of sugary drinks. He flagged for future discussion the resolution regarding the construction project for the theatre on consent as it is a major project within existing bond. He expressed sadness over the tragic deaths of our graduates. Will resume office hours in September. 

Director Appel acknowledged the CalPERS item and thanked the union leaders for their comments. She went on to say that her commitment to healing the community is reinforced by the students whose lives were lost.

Student Director Silvey thanked the Board for having her and said she is excited. She extended her condolences to the families of BUSD graduates who are no longer with us.

Director Hemphill said that it is important to work with our students on better ways to resolving conflict and addressing gun violence. Will resume office hours in September.

Superintendent Evans welcomed the School Board back and said he is excited for the new construction at the school sites. He thanked Mr. Soto for sharing his story during public comment. He also extended his condolences to the families of the young people who lost their lives.

President Leyva-Cutler reported that there was an attendance training where participants talked about how to improve attendance for our students as the month of September is dedicated to attendance awareness.  

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

ACTION ITEMS

Approval of Resolutions 17-003, 17-023 to Contract with CalPERS Health
Allotted time: 15 min
Actual time: 4 min

Deputy Superintendent Cleveland thanked the union leaders for their collaboration in our move to CalPERS which will result in savings for families. 

Motion to approve an agreement with CalPERS and adopt Resolutions 17-003, 17-007 through 17-023:
Appel/Hemphill and unanimously approved 6-0.

DISCUSSION ITEMS

Local Control and Accountability Plan (LCAP) Data for Goal 1 Evaluation
Allotted time: 45 min
Actual time: 52 min

Directors Pat Saddler and Debbi D’Angelo presented evaluation of data for LCAP goal 1: to provide high quality classroom instruction and curriculum that promote college and career readiness with academic interventions in place to eliminate barriers to student success. Questions and discussion followed. 

Board-Self Evaluation

President Leyva-Cutler acted as observer:

  • We did well in sticking to allotted time
  • The LCAP discussion was a good example of how to address issues at the root
  • There was mutual respect

ADJOURNMENT
President Leya-Cutler adjourned open session at 9:40pm.



 
12. Action Items
12.1. 2015-16 Unaudited Actuals
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Donald Evans Ed. D., Superintendent
FROM:             Javetta Cleveland, Deputy Superintendent
DATE:              September 9, 2015  
SUBJECT:       2015-16 Unaudited Actuals

BACKGROUND INFORMATION:
The 2015-16 Unaudited Actuals is a term that refers to the “closed” financial books of the District prior to the independent audit of the financial records. Closing the books means that all known expenditures and revenues for the Fiscal Year 2015-16 have been posted to the financial ledgers of the District.  

Staff will present information on Unaudited Actuals for Fiscal Year 2015-16.

FISCAL IMPACT:
The District’s ending fund balance is in excess of the amount budgeted (estimated actuals). The summary of the District’s financial status for the year end closing for Fiscal Year 2015-16 is included under separate cover as part of the Unaudited Actual Report.              

POLICY CODE:
California Education Sections 42122-42129

STAFF RECOMMENDATION:
Approve the 2015-16 Unaudited Actuals (under separate cover).





 
12.2. Approval of Gann Limit Resolution 17-001
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent 
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         September 7, 2016
SUBJECT:  Approval of Gann Limit Resolution17-001

BACKGROUND INFORMATION
Education Code Sections 1629 and 14132 specify that by September 30, county office and district governing boards shall adopt a resolution identifying their estimated appropriations limits for the current year and their actual appropriations limit for the preceding year. The documentation supporting the adopted resolution shall be made available to the public.

The Gann Limit Calculation for FY 2015-16 and 2016-17 does not have any direct effect on the funding of the District.

The attached Resolution and Calculations (included in the 2015-16 Unaudited Actuals under separate cover) will be submitted to the Alameda County Office of Education for transmittal to the California Department of Education.

POLICY/CODE:
Education Code Sections 1629 and 14132
Government code Section 7906(f).

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Gann Limit – Resolution 17-001


 
Attachments:
Gannn Limit Resolution 17-001
13. Discussion Items
13.1. Local Control and Accountability Plan Data Evaluation for Goal 2: End the Racial Predictability of Academic Achievement by Ensuring that All Systems are Culturally and Linguistically Responsive to the Needs of Our Students
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Debbi D’Angelo, Director of Research, Evaluation and Assessment
DATE:        September 7, 2016
SUBJECT:  Local Control and Accountability Plan (LCAP) Data for Goal 2 Evaluation

BACKGROUND INFORMATION:

Local Control and Accountability Plan (LCAP)

The Local Control and Accountability Plan (“the Plan”) is mandated by the state as the standardized vehicle for addressing state priorities and local goals, identifying the most effective actions and services to meet those goals, as well as accounting for the Local Control Funding Formula supplemental expenditures and the indicators for monitoring progress. The adopted plan in full can be found at: http://www.berkeleyschools.net/local-control/lcap/

BUSD’s Local Control and Accountability Plan consolidate the eight state priorities and district strategic goals into the following three LCAP goals:

LCAP Goal 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.

LCAP Goal 2: End the racial predictability of academic achievement by ensuring that all systems are culturally and linguistically responsive to the needs of our students.

LCAP Goal 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 ready to learn. 

These “big” goals serve as a framework for the targeted goals, actions, services, and expenditures focused on improving outcomes for all students and subgroups of students by special circumstance (low income, English Learners, Foster Youth, Students with Disabilities) and by ethnicity (African-American, Latino). Focus students include those subgroups previously mentioned as well as the “unduplicated” count of pupils who (1) are English learners, (2) meet income or categorical eligibility requirements for free or reduced-price meals under the National School Lunch Program, or (3) are foster youth. “Unduplicated count” means that each pupil is counted only once even if the pupil meets more than one of these criteria (EC sections 2574(b)(2) and 42238.02(b)(1)).

LCAP Evaluation

The approved plan includes an “Annual Update” which serves as a comprehensive review of the targeted goals, actions, services, and expenditures.  A focused evaluation by Goal will be presented in a series of three presentations.  This second presentation will address the LCAP Goal 2 annual measureable outcomes as well as the actions and services in Goal 2 specifically funded by supplemental dollars in 2015-2016. Goal 1 was presented on August 24th, 2016 and Goal 3 is scheduled to be presented on September 21st, 2016. 

Berkeley’s 2020 Vision for ending Racial Predictability provided a foundation for setting targeted goals for Goal 2.  Goal 2 ensures that the systems and structures are culturally and linguistically responsive to the needs of our students with a specific focus on English Learners and students of color. 

The evaluation, provided as an attachment, is grouped by goal and action according to the state and federal requirements.  The evaluation begins with a review of the prioritized Annual Measureable Outcomes (AMOs) or Action areas which include a progress comparison of 2014-15 to 2015-16 for: Cultural Competency training, recruitment and retention of teachers of color and the progress of our English Learners towards English Language Proficiency.   

Following the Annual Measureable Outcomes, a Quantitative and Qualitative data review is provided for each of the actions and services funded by LCFF supplemental funds in 2015-16.  They include: Professional Learning Communities focused on equity and cultural competency; consulting on the recruitment, retention and support of teachers of color; and the direct services, case-management and support provided for English Learners at the site.  The report includes a comparison of percentage of student participants represented in the targeted student sub-groups as well as a 2014-15 to 2015-16 comparison of performance data.  Finally, there is a summary of evaluation findings as well as recommendations that have served to inform the implementation of the 2016-17 Plan.

POLICY/CODE:
N/A

FISCAL IMPACT:
As noted in the LCAP

STAFF RECOMMENDATION: 
Receive the LCAP Goal 2 Evaluation presentation and evaluation provided under separate cover.  Review and discuss Goal 2 of the 2016-17 Local Control and Accountability Plan in relation to the evaluation findings.






 
Attachments:
LCAP Goal 2 Evaluation
14. Information Items
14.1. Smarter Balanced Assessment (SBA) Results
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    Donald Evans, Superintendents
FROM:      Debbi D’Angelo, Director, Research, Evaluation and Assessment
DATE:            September 7, 2016 
SUBJECT:    Smarter Balanced Assessment

BACKGROUND INFORMATION
These exams are part of California’s plan for supporting high-quality learning at every school, and we are required by law to administer the CAASPP tests. They are based on California’s new, more challenging Common Core standards, which are designed to help all students graduate ready for college and to pursue a career.  

The tests are computer-based in both English language arts/literacy and mathematics. This year, the tests included a wider variety of questions, requiring students to explain how they solved problems, to think critically, and write analytically.  

The tests are also adaptive, which means if a student answered the question correctly, the next question was a more difficult.  If the student missed the answer, the next question was less difficult.  While every student’s test measures the standards for their grade-level, every student's test was different. 

The Summative Smarter Balanced Assessment (SBA) was administered in grades three through eight and eleven for ELA/Literacy and mathematics in 2014-15 and 2015-16. Our curriculum and instruction has been evolving to help our students adjust to the new standards, the test format, and curriculum they are based on.

ANALYSIS ON THE PERFORMANCE OF STUDENTS

Students in every grade level and every focal sub-group improved from last year overall and by cohort yet Black, Latino, Socially-Economically Disadvantaged students and English Learners lagged behind their White, English-speaking and non-disadvantages  peers.  When comparing Berkeley to the County and State, Berkeley students are out-performing their County and Statewide counterparts in all focal sub-groups except for Black or African-American students.  

The data provided includes a comparison of each significant sub-group by Grade Level and Cohort in comparison to Alameda County and the State.   

POLICY/CODE:
Education Code 60640

FISCAL IMPACT:
None at this time

STAFF RECOMMENDATION:
Receive Information on the results of the Smarter Balanced Assessment 


 
Comments:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Superintendents
FROM:    Debbi D’Angelo, Director, Research, Evaluation and Assessment
DATE:        September 7, 2016
SUBJECT:    Smarter Balanced Assessment (SBA) Results

BACKGROUND INFORMATION:
These exams are part of California’s plan for supporting high-quality learning at every school, and we are required by law to administer the CAASPP tests. They are based on California’s new, more challenging Common Core standards, which are designed to help all students graduate ready for college and to pursue a career.  The tests are computer-based in both English language arts/literacy and mathematics. This year, the tests included a wider variety of questions, requiring students to explain how they solved problems, to think critically, and write analytically.  The tests are also adaptive, which means if a student answered the question correctly, the next question was a more difficult.  If the student missed the answer, the next question was less difficult.  While every student’s test measures the standards for their grade-level, every student's test was different.  The Summative Smarter Balanced Assessment (SBA) was administered in grades three through eight and eleven for ELA/Literacy and mathematics in 2014-15 and 2015-16. Our curriculum and instruction has been evolving to help our students adjust to the new standards, the test format, and curriculum they are based on.

ANALYSIS ON THE PERFORMANCE OF STUDENTS
Students in every grade level and every focal sub-group improved from last year overall and by cohort yet Black, Latino, Socially-Economically Disadvantaged students and English Learners lagged behind their White, English-speaking and non-disadvantaged peers.  When comparing Berkeley to the County and State, Berkeley students are out-performing their County and Statewide counterparts in all focal sub-groups except for Black or African-American students.  

The data provided includes a comparison of each significant sub-group by Grade Level and Cohort in comparison to Alameda County and the State.   

POLICY/CODE:
Education Code 60640

FISCAL IMPACT:
None at this time

STAFF RECOMMENDATION:
Receive Information on the results of the Smarter Balanced Assessment 


Attachments:
SBA Scores 15-16
15. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

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

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

To what degree did we . . .

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





Rationale:





 
18. Adjournment

Published: September 2, 2016, 4:58 PM

The resubmit was successful.