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Regular Meeting
Berkeley USD
October 05, 2016 5:45PM
1231 Addison Street, Berkeley, CA 94702

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

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




2. Closed Session
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.

2.1. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
2.1.1. Employee #008895
2.1.2. Employee #7679
2.1.3. Employee #8096
3. Closed Session Public Testimony
Quick Summary / Abstract:

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:30 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. 



4. Call to Order - 7:30PM
5. Approve Regular Meeting Agenda of October 5, 2016
Rationale:
1.  Call to Order
The Presiding Officer will call the meeting to order at 5:45 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 5:30p.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 Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
3.1.1 Employee #008895
3.1.2 Employee #7679
3.1.3 Employee #8096

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of October 5, 2016

6. Report on Closed Session


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 Approval of Revised Employment Contract for Interim Assistant Superintendent of Human Resources 
11.3 Acceptance of Gifts/Donations
11.4 Approval of Master Contracts for Nonpublic Schools 
11.5 Approval of Master Contracts for Nonpublic Agency Services for the 2016-17 School Year
11.6 Approval of Contracts/Purchase Orders for Services Contracts
11.7 Approval of School Bus Replacement Schedule and Purchase of School Buses for 2016-17
11.8 Approval of Overnight Field Trips
11.9 Approve a Contract Extension with Van Pelt to Provide Project Management Services
11.10 Approval of Board Policy 3515.7: Firearms on School Grounds
11.11 Approval of Board of Education Meeting Minutes for September 21, 2016

 
12. Action Items
12.1 Public Hearing (8:00PM) and Resolution for Grades K-12 Textbook/Instructional Materials Compliance for 2016-17 (10 min)

13. Discussion Items
13.1 Priorities and Initiatives for the 2016-17 School Year (20 min)
13.2 Professional Development Update (60 min)

14. Information Items
14.1 Facilities Plan Update
14.2 Williams and Uniform Complaints Quarterly Reports

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: Lisa Van Thillo, Assistant Superintendent, Human Resources
DATE:            October 5, 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 10.05.16
Classified Human Resources Report 10.05.16
11.2. Approval of Revised 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:             October 5,  2016
SUBJECT:      Employment Contract for Interim Assistant Superintendent of Human Resources

BACKGROUND INFORMATION:
The employment contract approved by the Board on September 7, 2016 requires revision. The monthly salary in the employment contract was correct and was based on the salary of the previous incumbent.  The daily per diem rate calculated based on the monthly salary was not correct.  The daily per diem rate should have been $791.73 per day instead of $669.82. Attached is the revised employment contract.

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

FISCAL IMPACT:
Approximately $29,000 from the general fund.

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

 
Attachments:
Revised Contract Assistant Superintendent-HR
11.3. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         October 5, 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. Philanthropic Ventures Foundation donated $1,000 for Rosa Parks School to be utilized as needed and $500 to purchase office materials and supplies and $500 to purchase books for reading comprehension for Cragmont School for a total donation of $2,000.
  2. The Benevity Community Impact Fund donated $483.60 to purchase office supplies for Rosa Parks School.
  3. Ackerman’s Servicing Volvos donated $65.32 to be utilized as needed for Thousand Oaks School.
  4. Wells Fargo donated $830.78 for Cragmont School through their Educational Matching Gifts Program to be utilized as needed for Rosa Parks School and $969.25 to purchase offices supplies for Rosa Parks School for a total donation of $1,800.03.
  5. Thousand Oaks PTA donated $3,500 to partially support curriculum development for environmental education for Thousand Oaks School.
  6. Washington PTA donated $10,000 to partially support tutorial services for Washington School.
  7. Rosa Parks PTA donated $5,000 to partially support the math program for Rosa Parks School.

 BOARD POLICY:
 
BP 3290 

 FISCAL IMPACT:
 The District received a total $22,848.95  in donations.

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

 
11.4. Approval of Master Contracts for Nonpublic Schools
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           October 5, 2016
SUBJECT:      Approval of Master Contracts for Nonpublic Schools 

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

Non Public Schools

# of Students

Estimated Total Cost

Star Academy

1

$70,800.00




POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $70,800.00 funded from the Special Education Budget. 

STAFF RECOMMENDATION:
Approve the increases to Master Contracts for the Nonpublic Schools listed above.


 
11.5. Approval of Master Contracts for Nonpublic Agency Services for the 2016-17 School Year
Quick Summary / Abstract:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:         Lisa Graham, Director, Special Education
DATE:          October 5, 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

Ala Costa Center


356,000.00

Interpreting and Consulting Services, Inc.


110,160.00


Total

$466,160.00

POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $466,160.00 funded from the Special Education Budget.

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

11.6. Approval of Contracts/Purchase Orders for Services Contracts Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 


TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         October 5, 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. Museum of Children’s Art, to provide fundamental visual arts skills for students at Thousand Oaks Elementary School for the period from 10/1/16-6/17/17. The cost will not exceed $19,600. To be paid from General Fund and BSEP Measure A Fund. Requested by Jennifer Corn.
  2. Rayyneh Karami, to provide visual arts integration program and arts instruction at Washington Elementary for the period from 9/15/16-6/30/17. The cost will not exceed $24,500. To be paid from BSEP Measure A and Restricted Donation Funds. Requested by Katia Hazen.
  3. Lisa Zeiler, to provide the Character Development Enrichment Program at Thousand Oaks Elementary School for the period from 9/1/16-6/16/17. The cost will not exceed $15,180. To be paid from Restricted Donation Funds. Requested by Jennifer Corn.
  4. Jose Eduardo Estrada III, to provide Restorative Justice Practices at Berkeley High School for the period from 8/29/16-6/17/17. The cost will not exceed $62,500. $60,000 to be paid from LCAP Supplemental Grant and $2,500 from the Unrestricted General Fund. Requested by Sam Pasarow.
  5. Increase in contract amount, PO 170880, to Hibser Yamauchi Architects, Inc. to provide additional design services for the Oxford Modernization Project. The original purchase order in the amount of $25,500 was issued on 9/1/16. The additional amount requested is $9,000 for a total amount of $34,500. To be paid from Measure I. Requested by Timothy White.
  6. Increase in contract to Hazard Management Services, Inc. to provide hazardous materials monitoring for Malcolm X Building Exterior Rehabilitation Project. The Board approved $25,000 on 10/22/14. The additional contract amount will increase the cost by $20,000 for a total amount of $45,000. To be paid from Measure I. Requested by Timothy White.

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

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


 
11.7. Approval of School Bus Replacement Schedule and Purchase of School Buses for 2016-17
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Superintendent
FROM:        Tim Mull, Transportation Manager
                    Javetta Cleveland, Deputy Superintendent
DATE:         October 5, 2016
SUBJECT:  Approval of School Bus Replacement Schedule and Purchase of School Buses for 2016-17

BACKGROUND INFORMATION:
On September 21, 2016, Staff presented the Board with a comprehensive criteria and bus fleet analysis for the ongoing replacement of school buses. School buses constitute one of the largest equipment purchases that a school district will make, therefore, it is important to continuously address the need to control the District’s bus replacement liability. In 2006, the District established a bus replacement fund (Fund 15) to deposit and record $298K in grant awards for the purpose of fleet replacement, and to establish an ongoing funding reserve. Unfortunately, due to the State recession and budget shortfall, the District was unable to fund the reserves needed for school bus replacement. This has left the District behind schedule for bus replacement, resulting in the need for a more aggressive replacement plan. During 2015, the Transportation Department was faced with seven transit vehicles in their final stages of usability. Five BlueBird transit buses were fitted with new engines and two BlueBird Transit Buses were fitted with re-built engines. The total cost was $210,000 and it is anticipated that this maintenance will extend their vehicle life by approximately five to seven years, allowing for the timely replacement of other dilapidated equipment. 

Replacement Criteria
Improvement in federal standards for safety, fuel efficiency and emissions profiles are common considerations for replacement decisions among federal, state and local agencies. Effective in 2018, there will be new federal guidelines that will significantly reduce current diesel emissions.  All equipment that does not meet these new standards will be mandated for replacement no later than 2023. The proposed replacement schedule moves us forward in being better prepared to meet these federal mandates.   

In order to maintain the safety of our fleet, we have incorporated the following criteria for replacing school buses:

  1. Vans: 10-15 years after date of manufacture, or 225,000 odometer miles 
  2. Transit & Conventional:  15-20 years after date of manufacture, or 250,000 odometer miles
  3. Repairs that will exceed 100% of purchase price
  4. Single repair after warranty exceeds 50% (within first 5 years) and 65% after 6th year
  5. Total vehicle loss resulting from collision
  6. Significant change in safety standards (9 of our 29 school buses were manufactured prior to 2006 and do not have seat belts. This plan will standardize the fleet by replacing those vehicles with a 3 point passenger harness system)
  7. Other identified conditions or damages may not meet the above thresholds but are significant such as body rust due to proximity to salt water; wear and tare on engines and transmissions due to bus operation in steep terrain.

In addition to the industry criteria, this plan begins a process to standardize our entire school bus fleet to clean burning and fuel efficient diesel engines, adding an efficiency of scale to fleet maintenance.  Fleet standardization will result in lower overall costs due to:  inventory minimization, reduction of mechanic training, and labor costs.  It will relieve the shop workload as more vehicles will be under warranty, freeing mechanics to work on other areas of our District’s fleet.  Vehicle mechanics will be more standardly proficient working with diesel equipment only.  Training will be more directly focused, and our vehicle maintenance department currently uses “All Data” and “Mitchell 1” diagnostic and training technology on site, which is compatible with the proposed vehicle equipment to be purchased.

As new equipment types and safety or emissions standards require, we will return to the Board with updated criteria and plan modifications.

Ongoing implementation of the school bus replacement plan ensures our students have the highest degree of safety, including the most current federal safety standards protecting pupils who ride school buses, and the current technologies available for fuel efficiency and emission reductions.

School Bus Equipment Purchases
Based on the bus replacement schedule, staff is requesting Board approval to purchase (two) seventy-eight passenger buses, and (one) twenty passenger bus that will accommodate both ambulatory students, and two students in wheel chairs in fiscal year 2016-17.  Staff will sell old equipment to create an approximate offset of $26,400, resulting in an anticipated total expense of $384,823.    

For 2017-18 and subsequent years, Staff will request funding based on the attached bus replacement schedule and incorporate the request as part of each year’s budget priority process.  Staff will request a decision from the Board on an annual basis using one-time funds due to limited ongoing revenue and other ongoing budget priority needs. In future years, based on the State of the District’s budget and cost of living increases from the State, Transportation may request the return to the original guideline of an annual investment to Fund 15 and begin establishing a reserve for bus replacement. 

POLICY/CODE:
Board Practice 3300

FISCAL IMPACT:
For 2016-17, staff will request board approval for $384,823 in base grant funding (A cost of $411,223 minus $26,400 from sale of three used buses) 

STAFF RECOMMENDATION:
Approve the attached bus replacement schedule and approve the purchase of school buses for 2016-17.

 
Attachments:
Bus Replacement
11.8. Approval of Overnight Field Trips
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 5, 2016
SUBJECT:   Approval of Overnight Field Trips

BACKGROUND INFORMATION:

The following overnight field trips are being requested:

Tilden Regional Park, Berkeley, CA, October 13-14, 2016

Approve participation of 52 fourth grade students, two teachers, and 10 other adults from Jefferson Elementary on a two-day, one-night field trip Tilden Regional Park. The group will depart Jefferson at 9:30 a.m. on Thursday, October 13, and return at 2:00 p.m. on Friday, October 14, 2016.  The students will be taking part in a hands-on study of our local ecology and watershed. In addition, we will be focusing on team-building activities to build a successful learning environment for our school year. Narrative and essay writing will follow our trip. BUSD will provide transportation to and from the event.  The students will sleep in gender specific tents.  The cost of $30.00 per student will be funded by PTA, a mini-grant and parent donations. No student will be denied access based on ability to pay.  Requested by: Mary Cazdenary Cazden, Jefferson Principal

Cazadero Jumpstart Retreat, Berkeley, CA, October 14-16, 2016

Approve participation of 105 8th grade Middle School students, 10 teachers and 18 non-staff adults, on a three-day, two-night field trip to Cazadero Performing Arts Camp, CazPAC in Berkeley, CA.  BUSD will provide transportation for students to the CazPAC on Friday, October 14, 2016, at 8:30 a.m and be driven by parents from the event at 2:00 p.m. on Sunday, October 16, 2016.  During the retreat, band students will build interest in BHS program, learn advanced pieces in a fast-paced 3-day period.  Meet and bond with students from other middle school and work with BHS mentors. Students will sleep in supervised, gender specific tent cabins in separate rooms chaperoned by parents.  The cost of $145.00 per student will be paid with parents and scholarships.  No student will be denied access based on inability to pay.  Requested by: Pete Gidlund, VAPA Supervisor

Sempervirens Outdoor School, Santa Cruz, CA, March 14-17, 2017

Approve participation of 60 5th grade students, two teachers and two other adults from John Muir Elementary School on a four-day, three-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups. The group will depart John Muir Elementary at 9:30 a.m. on Tuesday, March 14, and return at 2:00 p.m. on Friday, March 17, 2017.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature. BUSD will provide transportation. Students will sleep in gender specific cabins on the grounds.  While there is no cost to the students, the cost of $300.00 per student will be paid for entirely by the PTA field trip outdoor school fund and parent donations.  No student will be denied access based on inability to pay. Requested by Audrey Amos, John Muir Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the overnight field trips consistent with the District policies and instructional programs.

 
11.9. Approve a Contract Extension with Van Pelt to Provide Project Management Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:           Timothy E. White, Executive Director, Facilities
DATE:            October 5, 2016
SUBJECT:   Approve a Contract Extension With Van Pelt Construction Services to Provide Project Management Services   

BACKGROUND INFORMATION:
During the 2015-16 school year Berkeley Unified School District Facilities Division continued its aggressive system replacement implementation plan and put more than $29M in much needed facilities repairs and improvements. The project highlights were characterized by school modernizations, extensive school community led playground and landscape design improvements, fundamental building repairs to aging core facilities, newly constructed buildings both core and modular and provided additional capacity at schools using interim housing and modular classrooms.

Below is a brief summary of these projects and their current status in the construction process:

Project Name

Status

1

Longfellow Café

Construction

2

Malcolm X Building Rehabilitation and Interim Housing

Construction

3

John Muir Modernization

Construction

4

Thousand Oaks Roofing Replacement

Closeout

5

BHS C Roofing Replacement

Closeout

6

Longfellow Roofing Replacement

Closeout

7

Cragmont Paint and Floor

Closeout

8

Le Conte Transitional Kindergarten Portables Addition

Closeout

9

Rosa Parks ES Grounds Project

Closeout

10

Washington Grounds Project

Closeout

11

Willard Modernization

Closeout

12

Blacktop Replacement – Hopkins Willard BTech and BAM

Closeout

It should be noted that the Facilities Department has been directed by the Superintendent to engage the Board in an exercise of presenting Measure I ‘reallocation’ recommendations. These reallocations recommendations if adopted by the governing board would require the modification of this project list.

We are currently planning approximately 10 projects for the 2016-2017 school year. The projects are listed below:


PROJECTS

WORKING BUDGET



Current

Longfellow Café

$6,175,800

Malcolm X Interim Housing

$1,608,406

Malcolm X Building Exterior Rehabilitation

$5,570,225



New


Jefferson Cafeteria Modernization

$484,000

Washington Cafeteria Modernization

$2,140,000

Berkeley Arts Magnet Modernization

$2,035,000

Oxford Modernization

$4,494,000

Maintenance Facility

$15,225,000

Berkeley HS Community Theater Modernization

$13,773,000

Career Technical Education

$2,420,000

Total

$53,925,421


Van Pelt has been serving BUSD since 2011 and wishes to establish a long term relationship with us as a partner in the capital program. As such they have offered a discount in their service fee of 10%, $79,980 bring the total to contract cost to $719,820.

POLICY CODE:
Board Policy 3310

FISCAL IMPACT:
The cost for projects is to be paid from the Measure I Bond Fund. 

STAFF RECOMMENDATION:
Approve Van Pelt contract to project manage the above listed projects.   

 
11.10. Approval of Board Policy 3515.7: Firearms on School Grounds
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education 
FROM:        Policy Subcommittee
DATE:         October 5, 2016
SUBJECT:   Board Policy 3515.7: Firearms on School Grounds

BACKGROUND INFORMATION:
SB 707 (Ch. 766, Statutes of 2015) amended Penal Code 626.9 and 30310 to provide that a person with a concealed weapons license must obtain written permission of the Superintendent or designee in order to possess a firearm and/or ammunition on school grounds. In view of the public interest and safety issues involved, the Policy Subcommittee reviewed BP 3515.7 on September 9, 2016, and presented it to the Board for first reading on September 21, 2016. BP 3515.7 is being presented for approval. 

POLICY/CODE:
BP 3515.7

FISCAL IMPACT:
NA

STTAFF RECOMMENDATION:
Approve Board Policy 3515.7: Firearms on School Grounds. 



 
Attachments:
BP3515.7
11.11. Approval of Board of Education Meeting Minutes for September 21, 2016
Rationale:

BERKELEY PUBLIC SCHOOLS

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

510-644-6206 
Official Minutes
September 21, 2016 

President Leyva-Cutler called the meeting to order at 7:15pm. She reported that the Board convened to Closed Session at 6:45 pm.

Roll Call
Board of Education:
Beatriz Leyva-Cutler, President – Present
Ty Alper, Vice President – Present
Judy Appel, Director/Clerk – Present
Josh Daniels, Director – Present
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
Lisa van Thillo, Interim Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION

President Leyva-Cutler reported out on closed session: 

Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 4954.5(e), 54957)

Separation Agreement – Certificated Employee

Motion to approved settlement authorization:
Alper/Leyva-Cutler and approved 4-0:
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Abstained
Karen Hemphill, Director—Yes 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

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

Presentation by Yale Fellows

MLK Middle School teachers Jacqueline Rastrullo and Akemi Hamai shared their experience at Yale as National Fellows this past summer.

PUBLIC TESTIMONY

A total of 18 people addressed the Board:

Two parents and four students commented on the BHS math policy

Two students, four teachers, and three parents spoke in support of teacher Felarca

Teacher Felarca addressed the disciplinary action taken against her.   

A community member commented on the LCAP goal 3 data evaluation. 

A community member requested the Board’s support to be appointed to the Peace and Justice Committee.

UNION COMMENTS

Paula Phillips, BCCE president, commented on the funding available to support the credentialing of classified staff.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Daniels will announce his October office hours at the next meeting. Announced that the policy committee will convene Thursday, 9/22 at 4pm.

Superintendent Evans read aloud the resolution on tonight's agenda proclaiming the 2016-17 school year as The Year of the Reader. He dedicated tonight’s meeting to Robert Kaneko, a former teacher and counselor who passed away last Sunday.

Director Hemphill office hours this Saturday at café Leila at 10:30 am 

Director Appel thanked the people who addressed the Board during public comment tonight. She acknowledged the student who was wounded in a shooting this week. She went on to say she was encouraged by the LCAP data that will be presented tonight.  

President Leyva-Cutler announced back to school night at BTA and BHS. In preparation for the next board meeting, she said she will use some of her time for comments to highlight upcoming items.

CONSENT CALENDAR
Motion to approve the Consent Calendar:

Hemphill/Appel and approved 5-0:
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Abstained
Karen Hemphill, Director—Yes
Petra Silvey, Student Director, BHS – Yes

DISCUSSION ITEMS

Local Control and Accountability Plan (LCAP) Data Evaluation for Goal 3
Time allotted: 60 min
Actual time: 60 min

Directors Debbi D’Angelo, Pat Saddler and Susan Craig presented data evaluation for 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.

Questions and discussion followed.

School Bus Replacement Schedule and Request for Annual Budget
Time allotted: 20 min
Actual time: 14 min 

Deputy Superintendent Cleveland explained that BUSD used to have a bus replacement fund which was eventually cut due to limited funding. The recommendation is to employ one-time money to reestablish fund.

Director of the transportation department, Tim Mull explained the criteria considered in developing the bus replacement plan presented tonight. Questions and discussion followed.  

This item will come back for approval at the next Board meeting.

EXTENDED PUBLIC COMMENT

Two community members spoke in support of teacher Felarca. 

BOARD SELF-EVALUATION

Hemphill as observer:

  • We did well in handling a situation requiring softening the rules
  • Did well in sticking to allotted time

ADJOURNMENT
President Leyva-Cutler adjourned open session at 9:55pm.



 
12. Action Items
12.1. Public Hearing and Resolution for Grades K-12 Textbook/Instructional Materials Compliance for 2016-17
Time Certain:
8:00 PM
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 5, 2016
SUBJECT:   Public Hearing & Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2016-17

BACKGROUND INFORMATION:
Education Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, as to whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects:  English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course).  The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided.  All students in Berkeley Unified have access to books and other instructional materials.

The annual resolution continues to be required although the State no longer allocates specific funding for Pupil Textbooks and Instructional Materials. 

The hearing tonight has been publicized as required, and the proposed resolution is attached.

POLICY/CODE:
Education Code Sections 60117 and 60119

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Hold a Public Hearing and approve the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2016-2017

 
Attachments:
Resolution 17-037 for Grades K-12 Textbooks 2016-17
13. Discussion Items
13.1. Priorities and Initiatives for the 2016-17 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             School Board
FROM:        Donald Evans, Superintendent
DATE:         October 5, 2016
SUBJECT:  Priorities and Initiatives for the 2016-17 School Year

BACKGROUND INFORMATION:

To achieve our vision of providing a world-class education for every student in the Berkeley Public Schools, we have concentrated our improvement efforts ion the initiatives and priorities in the Local Control Accountability Plan goals:

    1. 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.

    2. 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.

    3. 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.

Over the last three years, significant progress has been made in each of these key areas. In large part, our success has been due to the skills of our teachers, staff, principals, and administrators in every school and department, and the growing commitment to working in teams and sharing best practices. Furthermore, we have been able to attract exceptional talent, both from within and from outside our organization, to fill key leadership roles. Teachers and staff have benefited from increased access to high-quality, high-impact professional development.

This year we have directed significant resources to further the initiatives and programs that will have the greatest impact on outcomes for all students, while concentrating our Local Control Funding Formula supplemental grant funds on programs and services to benefit our high need students.

In order to provide the School Board and community with an overall assessment of the state of the district, this presentation will focus on the most critical district-wide priorities and initiatives in this new school year, including:

  • Fine-tuning teaching and learning of Common Core State Standards and further alignment of district-wide assessment tools;
  • Expanding professional development opportunities for all, and effective Professional Learning Communities in every school;
  • Consistent and well-articulated coordination of services for students and families;
  • Technology – improving access to technology to improve both teaching and learning. 
  • LCAP – targeted interventions for high-need students

To provide context for the work, the presentation will include highlights and successes from 2015-16 initiatives and priorities.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
None


 
13.2. Professional Development Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Donald Evans, Ed.D, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
Maggie Riddle, Director of K-8 Schools
Michelle Sinclair, Professional Development Coordinator
DATE:           October 5, 2016
SUBJECT:     Update on Professional Learning for Certificated Teachers

BACKGROUND INFORMATION:
Just as professionals in medicine, architecture, and law have opportunities to learn through examining case studies, developing or sustaining effective practices, or through focused and collaborative problem-solving, our District seeks to consistently create spaces for our teachers to do likewise. As we consider the work of our teachers every bit as challenging, intellectual, and sophisticated as the work performed in the aforementioned professions, we must consistently invest in the development of teachers’ capacities to meet the challenges and complexities they face daily in the pursuit of positive academic and social outcomes for our students.

Tonight’s presentation provides summative and overarching information on many of the District’s most current and substantial efforts in the area of teacher professional development. The accompanying slides and artifacts provide additional detail and examples of the efforts being undertaken at elementary, middle, and high school.

The information provided also shows how and where the current professional learning efforts align or connect to the District’s stated goals for the Local Control Accountability Plan (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.

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.

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.  

STAFF RECOMMENDATION:
Receive presentation on Professional Development.


 
Attachments:
PD Artifacts
Professional Development Board Update 2016
14. Information Items
14.1. Facilities Plan Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 
TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:        October 5, 2016
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014.  Data in this report are current as of September 23, 2016. This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.    



 
Attachments:
Facilities Plan Update
14.2. Williams and Uniform Complaints Quarterly Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Beverly Bueno, Compliance Officer and Title IX Coordinator
DATE:         October 5, 2016
SUBJECT:   Williams Case Settlement Quarterly Report                 

BACKGROUND INFORMATION:
As a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met. 

1)      There should be sufficient textbooks and instructional materials for all students, including English learners.

2)      School facilities should be clean, safe and maintained in good repair.

3)      All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaints procedure to follow if there is a concern that any one of them is not being met. 

Staff is now reporting that between April 1, 2016 and June 30, 2016 there was one (1) Williams Complaints filed during this time period. There were no Williams Complaints filed between July 1, 2016 and September 30, 2016. 

POLICY/CODE:
Ed Code 35186
Board Policy 1312 

FISCAL IMPACT:
None

STAFF RECOMMENDATION
Receive the Williams Case Settlement Quarterly Report (Q2 and Q3) as information.



 
Attachments:
Williams and Uniform Complaints Quarterly Report (Q2 and Q3)
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 30, 2016, 3:50 PM

The resubmit was successful.