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 7:15 p.m. 

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. 

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.

The Presiding Officer will call the meeting to order at 5:45p.m. The Regular Meeting will convene by 7:15 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:00 p.m. will be given priority.        

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:  Donald Evans, Ed.D., Superintendent
FROM:  Lisa Van Thillo, Assistant Superintendent, Human Resources
DATE:            November 2, 2016
SUBJECT: Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Lisa Van Thillo, Ed,D., Interim Assistant Superintendent, Human Resources
DATE: November 2, 2016
SUBJECT: Elimination of Classified Position at BAS
    

BACKGROUND INFORMATION: 
For many years, Berkeley Adult School (BAS) has held a contract with the Department of Rehabilitation (DOR) for the job placement of DOR clients.  The size of the contract is controlled largely by the amount of matching funds, both in-kind and cash that BAS can afford.  This contract has been terminated and there are no funds to pay for one 1.0 FTE classified staff person and moderate operating expenses at BAS.

Due to the termination of the contract between BAS and DOR, which was approved at the October 19, 2016, Board Meeting, staff recommends eliminating the Workability Program Specialist position at BAS.

POLICY/CODE:
Education Code sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT: 
Terminate contract with DOR and save matching funds of $36,000 annually for two years. Eliminate salary and benefits for the Workability Program Specialist currently funded by the grant.

STAFF RECOMMENDATION:
Approve the resolution to eliminate the 1.0 Workability Program Specialist position.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    Board of Education
FROM:  Donald Evans, Ed.D., Superintendent
DATE:  November 2, 2016
SUBJECT:  Employment Contract for Assistant Superintendent of Human Resources

BACKGROUND INFORMATION:
Evelyn Tamondong-Bradley is being recommended as the new Assistant Superintendent of Human Resources. Attached is the proposed employment contract.

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

FISCAL IMPACT:
As indicated in employment contract.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:         Donald Evans, Ed.D., Superintendent
DATE:          November 2, 2016
SUBJECT: Allocation to Support a 2020 Vision Fund Development Coordinator

BACKGROUND INFORMATION:
The 2020 Vision for Berkeley's Children and Youth seeks to “make educational success, equity, and outcomes for all Berkeley's children and youth a community-wide priority by removing the barriers to learning and providing opportunities for all children to succeed."  The District along with the City of Berkeley, United in Action, Berkeley City College, UC Berkeley, and other community groups have been working to achieve the 2020 Vision since 2008.  This Vision is at the heart of our work in the district to close the achievement/opportunity gap. 

The 2020 Vision uses a central concept of “cradle-to-career” as a way to provide services and target interventions at key points along the K-12 developmental pathways. The underlying assumption in the cradle-to-career pathway is that the needs of the whole child, including early childhood education, health, and family engagement, are all important for student achievement. 

The next step for those of us committed to the 2020 Vision is to implement the Berkeley Promise.  The Berkeley Promise is a college access and matriculation scholarship initiative that will support low income, first generation graduates of the Berkeley Public Schools with degree and/or certificate completion. Emphasizing the multiple pathways to lifelong career success, the Berkeley Promise is an outcome of the 2020 Vision cradle-to-career initiative which aims to end the racial predictability of academic achievement.  The Berkeley Promise promotes the goal that every student be assured a pathway to college and career that is accessible and viable.  With a partnership that includes the District, the City, UC, BCC, and the state colleges, this initiative not only encourages a college going culture, but includes help for students to qualify for financial, educational, incidental and mentoring supports. 

The Berkeley Promise is ambitious and requires funding to make it a reality.  A temporary position for the City of Berkeley, titled the 2020 Vision Fund Development Coordinator, will be established to develop and convene activities for the 2020 Vision initiatives and programs including the Berkeley Promise.  This position would be jointly funded by the City and the District for one year as a pilot, if approved by the City Council and the Berkeley Unified School District, Board of Education. 

Staff is requesting an allocation of $45,000 to be matched by City funds to cover the salary and benefits of this position for one year. The City has agreed to oversee this position, which would report directly to Cheryl Johnson, the City’s 2020 Vision Manager.

POLICY/CODE:
N/A

FISCAL IMPACT:
One-time base grant funds of $45,000 for 2016-17

STAFF RECOMMENDATION:
Approve the allocation to support a 2020 Vision Fund Development Coordinator.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         November 2, 2016
SUBJECT:  Approval of Contracts/Purchase Orders for Service 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. Rogelio A. Chapa, to provide classroom observation using the CLASS tool at Franklin Child Development Center for the period from 9/26/16-6/16/17. The cost will not exceed $15,300. To be paid from Child Development Fund. Requested by Maria Carriedo.
   
2. Kate Alys Grillo to assist in the implementation of a speech and language Response to Intervention (RtI) program at the preschool level for the period from 10/10/16-6/9/17. The cost will not exceed $36,000. To be paid from Child Development Fund. Requested by Isabelle Mc Daniel.
3. Increase in contract, PO 170021, to One Source Engineering to provide additional boiler services for Maintenance Department. The Board approved $80,000 on 6/15/16. The additional contract amount will increase the cost by $30,000 for a total amount of $110,000. To be paid from Measure H. Requested by Steve Collins.

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:      Javetta Cleveland, Deputy Superintendent
DATE:         November 2, 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 to purchase sensory tools and materials for students at Jefferson School. 
2. Berkeley Public Schools Fund donated $6,302 for Constructing Meaning Training for King Middle School.
3. Lifetouch National School Studios donated $2,500 to be utilized as needed for King Middle School.
4. Berkeley Public Schools Fund donated $155.01 (certificated) and $317.70 (classified) for a total donation of $472.71 for Dance PLC observations for Berkeley Unified School District.
5. Your Cause, LLC Trustee for AT&T donated $40 to be utilized as needed at Thousand Oaks School.
6. Philanthropic Ventures Foundation donated $400 to purchase materials to teach social skills to students at Thousand Oaks School. 

 BOARD POLICY:
 BP 3290 

 FISCAL IMPACT:
 The District received a total $ 10,714.71 in donations.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans Ed. D., Superintendent
FROM:        Marni Posey, Director of Nutrition Service
DATE:         November 2, 2016
SUBJECT:  Approval to Enter Into Agreement to Purchase Food Supplies for the 2016 -17 SY

BACKGROUND INFORMATION:
Contract for perishable food items are exempt from formal bid requirements and suppliers who are able to provide the organic, locally grown, sustainable ingredients needed for our program are limited.  For the 2016-17 SY staff is requesting authority to purchase perishable food items from Raison D’etre to provide fresh baked breakfast items, not to exceed $175,000.

FISCAL IMPACT:
$175,000 is within the Cafeteria Fund Budget                                                                 

POLICY/CODE:
Board Policy 3310
Ed Code 29873

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           November 2, 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.

Community Options for Family and Youth (COFY) provides intensive, individualized services such as: therapeutic behavioral management, educational mental health management, trauma therapy, family therapy and parent education.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $35,000 funded from the Special Education Budget. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO                  Donald Evans, Ed.D., Superintendent
FROM:            Lisa Graham, Director, Special Education
DATE:             November 2, 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.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $685,426.61 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         November 2, 2016
SUBJECT:  Accept the Completion of the Rosa Parks Grounds Improvement and Washington Grounds Improvement Projects

BACKGROUND INFORMATION:
On May 18, 2016, the Board awarded a contract to Bay Construction for $889,655.00 to perform the Rosa Parks Grounds Improvement and Washington Grounds Improvement Projects. The projects are complete.

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

POLICY/CODE:
California Public Contract Code 20110- 20118

FISCAL IMPACT:
The project was funded through the Measure AA bond.  Rosa Parks Grounds Improvement and Washington Grounds Improvement Projects had change orders of $25,267.40 or 2.84% of the contract amount. We originally budgeted for change orders of 10%. 

STAFF RECOMMENDATION:
Accept the project as complete.   

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         November 2, 2016
SUBJECT:  Authorization to Approve a Change Order for the Malcolm X Building Envelope Rehabilitation Project and Approval of Futility Resolution 17-041

BACKGROUND INFORMATION:
On June 15, 2016 the Board awarded a contract to Vila Construction for the Malcolm X Building Envelope Rehabilitation Project.  The project is for replacement of the windows and exterior stucco for the main building, limited interior flooring and painting, and exterior painting of the annex building.  The project was awarded for $3,328,949. Staff can negotiate scope and price increases in a project up to a maximum 10%. Change orders to date have increased the project by 6.6%. Staff predicts that the project will exceed the 10% threshold.

The reasons for the change orders to date fall into three categories: repair of existing dry rot wood framing; a modified design to the window framing and flashing; unforeseen conditions; and increased flooring replacement and painting.

During the design of the project an exploration was performed to try to determine the condition of the wood framing beneath the existing stucco.  Some wood dry rot conditions were found around the windows.  Based on this information, we included allowances in the bid for dry rot repairs.  After full removal of the exterior stucco, it was found that the dry rot in the framing of the building was much more extensive than anticipated.  Dry rot repairs have already begun but will significantly exceed the allowances included in the bid.  Although these repairs are costly, they are structurally critical for the building safety.  We estimate that dry rot repairs will increase the project 12% -15%.

Once the existing stucco was removed, the design team determined that there needed to be a more substantial waterproof flashing system at the wood framed openings for the new windows.  This modification in design requires additional framing and flashing at all of the nearly 200 windows.  We estimate that this change will increase the project by 10% -12%.

Remodel projects historically have change orders for unforeseen conditions.  In addition to the two major issues above, there are multiple smaller change orders for addressing these unforeseen conditions.  We estimate that these will increase the project by 5%-10%.

While classrooms and other areas are empty during construction, we deem this a prime opportunity to repaint and replace flooring. A separate project would be more expensive and require disrupting the school operation again.  We estimate that this additional scope would add approximately $120,000, or 3%-4% to the project.

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

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

FISCAL IMPACT:
The project is funded through Measure I.  The final change order percentage and increase to the project budget will be returned to the Board when the project is recommended for acceptance.       

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Dr. Donald Evans, Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:        November 2, 2016
SUBJECT:  Berkeley High School New Course: BEST Science 

BACKGROUND INFORMATION:
Berkeley High School is requesting Board approval for a semester-long course entitled BEST Science. This course has already been approved by UCOP as a “G” course offering as of July 2016. 

The purpose of the course is to facilitate the transition from high school to the adult realities of college or work through a scientific lens.  Students will work closely with a mentor science teacher at Berkeley High School to design an internship project which gets them out into the surrounding community for real-world experience.  Student projects consist of internship experiences in the community (i.e. hospitals, research labs, environmental agencies, elementary and middle school science programs, etc.) and closely mimic the actual interviewing, hiring, and working process of the scientific industry.

Additionally, there is a robust and rigorous academic program that occurs in the classroom to strengthen and bolster both the students’ internship as well as their impending transition out of high school. This includes, skills-based lessons such as cover letter and resume writing, as research and discussion of readings on success.

A sample of some of the course units are as follows;  Building a Professional Identity, a research and profile project, Defining and Achieving Success, a reading of the book Outliers, technical training with movie production and an iMovie project, and a final culmination of a professional portfolio students can take with them after their graduation from BHS.  Together, these units allow the students to learn real-life, post-graduation skills that they are sure to use outside of high school. 

POLICY/CODE:
Ed Code 51054
Board Policy 6141

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve BEST Science to be included in the course catalog for the 2016-2017 school year as a “g” elective course.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         November 2, 2016
SUBJECT: Approve Architect Selection and Contract for the Career Technical Education Facilities Projects  

BACKGROUND INFORMATION:
The Berkeley Unified School District (BUSD) is continuing to develop its Career Technical Education (CTE) programs.  New CTE programs will require use of existing classrooms and support spaces, facilities modifications to meet program needs, furniture and equipment purchases and technology.  In order to meet these needs in a consistent fashion the Facilities Department proposes to develop a set of District CTE Facilities Standards and an overview of appropriate facilities in the District.  Finally, there are several CTE programs which are coming on line this year which require Architectural, Engineering and Consulting Services in order to complete their facilities renovations. 

On August 1, 2016, the Facilities Department released a Request for Proposals (RFP) for CTE project.  The RFP asked for statements of qualifications and fee proposals for the development of CTE Facilities Standards and Site Selection Options.  In addition, the RFP requested a fee proposal for the first CTE project design, now anticipated to be the Electronic Tech program at the Berkeley Adult School opening in 2017.

Four firms responded to the RFP.  The Facilities Department and Career Tech staff in the District evaluated the proposals in accordance with the criteria in the RFP and after interviewing the highest ranked firm recommend LPA Architects for the project. 

It is recommended that the Board approve a contract with LPA Architects for the Career Technical Education Projects.

POLICY/CODE:
Board Policy 3310

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

STAFF RECOMMENDATION: 
Approve LPA Architects for a contract of $360,680 to provide Architectural, Engineering and Consulting Services for BUSD Career Technical Education Projects. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D, Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent for Educational Services
DATE:         November 2, 2016
SUBJECT:   Educators Effectiveness Block Grant  

BACKGROUND INFORMATION:
On February 24, 2016, staff submitted the document below for Board approval. Inadvertently, this item was agendized as an information item and should have been placed on the agenda as a consent item. Staff requests that the approval of these proposed expenditures be formalized via the consent calendar at tonight’s meeting.

The 2015 state budget included one-time funds for the support of educators and their practice through the Educator Effectiveness Block Grant. These funds are intended to support the professional development of certificated teachers, administrators, and paraprofessional educators over three fiscal years. The current state allocation for Berkeley Unified is $1,099,300.

State guidelines require staff to develop and adopt a plan delineating how the Educator Effectiveness funds will be spent.

On or before July 1, 2018, a detailed expenditure report must be submitted to the California Department of Education (CDE), including, but not limited to, specific purchases made and the number of teachers, administrators, or paraprofessional educators that received professional development.

Funds can be expended in any of the following areas:

Area 1: Beginning Teacher Support: Support and mentoring, including, but not limited for programs to meet teacher induction requirements (formerly known as BTSA)  

Area 2: Professional Improvement: Professional development, coaching, and support for teachers identified as needing improvement, including Peer Assistance and Review (PAR)  

Area 3: Content Standards: Professional Development for teachers and administrators aligned to state adopted content standards (Common Core State Standards in Math and English Language Arts, Next Generation Science Standards, English Language Development Standards, Career Technical Education Standards, and future standards in other subject areas, including history and social science, social and emotional learning, and visual and performing arts)  

Area 4: Coaching and Training: To promote educator quality and success, including, but not limited to, professional development for administrators on mentoring and coaching certificated staff to support effective teaching and learning

Educational services is recommending the following allocations be reserved for use  for the purposes and in the amounts reflected in the table below.

EDUCATORS EFFECTIVENESS BLOCK-GRANT: 2015-2016 through 2017-2018

BTSA $834,000

Staff is proposing covering the annual cost of the Beginning Teacher Support and Assessment program (BTSA), a state-required teacher induction program, through these one-time funds for three school years beginning with 2015-2016. This estimated annual expense of $278,000 results in a three-year total of $834,000 to be paid by the block grant funds. Placing this expense within the block grant relieves the general fund, at least for the three-year period ending in June of 2018, of the costs of the induction program.

Below is a table which reflects the detailed annual costs of the BTSA program. NOTE that personnel cost variances as well as variances from year to year in the number of teachers participating will impact the overall annual costs.

New Teacher Professional Learning $27,000

In addition to the required induction supports provided through BTSA, staff is proposing to set aside funds to enhance support for new teachers in the areas of classroom management and curriculum. Staff is proposing to designate this funding for these general purposes and make determinations about specific providers, vendors, or trainings in these areas  in collaboration with principals as well as the Berkeley Federation of Teachers.

In terms of curriculum, staff has identified the need to provide a greater depth of initial training or onboarding with new teachers as it pertains to district adopted materials; the elementary reading and writing program, and the middle school math program (ASOU) as well as the high school’s Mathematics Vision Project (MVP).

Middle School ELA $140,000

Staff is recommending a concentrated investment in personnel and professional learning to adopt curriculum, build capacity in middle school teachers, and support the continuous improvement of ELA instruction and academic literacy in grades 6 through 8.

Used in tandem with the concurrent investment of 2.2 in middle school literacy coaching supported by CCSS funding, staff intends to add central staffing to coordinate with site literacy coaches and principals on the following goals:

• support adoption of a universal reading and writing curriculum at BUSD middle schools
• increase capacity to provide demonstration lessons and in-class coaching
• centralize the organizational responsibilities of curriculum planning, mapping, and assessment coordination (free up site staff to do additional small group reading support)

In tandem with the support for middle school literacy provided by CCSS the additional $140,000 proposed here through the block grant would concentrate the following resources toward professional and curriculum development in english language arts across all three middle schools.

As a member of the BUSD Professional Development team, the District Middle School Literacy TSA will:

• Provide professional development for pilot ELA programs for middle school adoption

• Provide professional development in the use of CDE rubrics for ELA Adoption and transition to newly adopted curriculum

Provide professional development to:

• ELA Department Chairs

• Middle School Lit Coaches at regular weekly meetings

• Interventionists- RTI, ELD, Lit Coaches- in intervention and literacy programs

• ELA teachers- 5 collaboration sessions, 2 Staff Development Days, Assessment scoring days

• Content area teachers - integrating non-fiction reading and writing

• Principals, Vice-Principals, District Office Staff on Common Core Standards and best practices in middle school literacy

Cultural Work and Equity Strategies $60,000

Staff is committed to continued expansion of development opportunities for staff in the areas of cultural responsiveness and cultural competency. Several staff members have participated in facilitated professional learning in this area via foundational cultural competency academies. Staff is interested in both the possibility of continuing that work as well as exploring new trainings and practices that systematically improve our faculty and staff’s ability to develop new perspectives and strategies to work more effectively on behalf of students in cross-cultural situations.

Additionally these funds will support expanded trainings in and mastery of specific classroom strategies that improve the probability of equitable student participation and outcomes through deliberate practices and strategies situated within the classroom.

Principal and Administrator Trainings $30,000

Staff recommends sustaining opportunities for professional learning for our instructional leaders throughout the school year and summer. Improving instructional leadership through areas like supervision and evaluation, managing challenging or courageous conversation, developing deeper expertise on adopted curriculum, and a host of other topics may be explored with these funds.

This past summer principals attended workshops at UCLA, Harvard, and the University of North Carolina, and staff believes a continued set of summer and mid-year opportunities for school leaders is critical.

Instructional Assistant (IA) Development $8,300

Our paraprofessionals often work with vulnerable students facing significant learning challenges and staff increasingly wants to support their development of practice in their work with students. Introductions to the basics of the curriculum they are supporting students in as well as increased positive behavior strategies that often facilitate greater engagement and participation for some students are among the areas we plan to focus on for Instructional Assistants.

POLICY/CODE:
Senate Bill 103, Section 8 (Chapter 324, Statutes of 2015)
Assembly Bill 104, Section 58 (Chapter 13, Statutes of 2015)

FISCAL IMPACT:
$1,099,300.00 in one-time funding to be spent before June of 2018.

STAFF RECOMMENDATION:
Approve the recommendations for investments in the purposes outlined in this document between now and June of 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Board of Education
FROM:   Donald Evans, Ed.D., Superintendent
DATE:        November 2, 2016
SUBJECT: Resolution 17-039 Supporting the Chess Program in the Berkeley Unified School District and Thanking Elizabeth Shaughnessy, the Berkeley Chess School and In Dulci Jublilo, Inc.

BACKGROUND INFORMATION: 
The Berkeley Chess School has been providing chess education in the Berkeley public schools since 1982, when Chess School founder and President Elizabeth Shaughnessy taught the first class at Oxford Elementary School.

The Chess School, in cooperation with In Dulci Jubilo, Inc. and the U.S. Chess Federation, sponsor the chess program from first through the twelfth grades by providing chess instruction and establishing school teams. Having just celebrated California’s “Chess Month” -- established by the State Senate with support from the Berkeley Chess School -- it is timely to affirm Berkeley Unified School District support for the Chess program and to thank Elizabeth Shaughnessy, the Berkeley Chess School and In Dulci Jubilo, Inc for all they have done to support students throughout Berkeley in learning to play chess together.

The accompanying Board resolution affirms continued District support and encouragement for the chess program in Berkeley public schools and expresses appreciation to Elizabeth Shaughnessy, the Berkeley Chess School and In Dulci Jubilo, Inc.

POLICY/CODE:
None

FISCAL IMPACT:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Policy Subcommittee
SUBJECT: Board Policy 6200 - Adult Education 
DATE: November 2, 2016

BACKGROUND INFORMATION:
On September 22, 2016, the Policy Committee revised BP 6200 to ensure compliance with new Federal Program Monitoring (FPM) requirements pertaining to fees. The revised BP 6200 was presented for first reading on October 19, 2016 and is now being submitted for adoption. 

POLICY:
BP6200

FISCAL IMPACT:
NA

RECOMMENDATION:
Approve BP6200. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Lisa Graham, Director of Special Education
DATE:        November 2, 2016
SUBJECT:  Updated Assessment Kits and Protocols for Special Education 

BACKGROUND INFORMATION:
Before any action is taken with respect to the initial placement of an individual with exceptional needs in special education instruction, an individual assessment of the pupil's educational needs must be conducted. The district is obligated to assess students in all areas related to the suspected disability in order to determine if they meet eligibility for special education services and supports. Testing and assessment materials and procedures used for the purposes of assessment and placement of individuals with exceptional needs are selected and administered so as not to be racially, culturally, or sexually discriminatory. These assessments must be completed within 60 days of receiving parent consent for this evaluation.

Most assessment vendors have updated the assessment tools to ensure they are properly calibrated to the new and changing expectations for students nation-wide. In addition, vendors have moved the majority of their assessment tools and scoring software to online systems which require an individual user license to access. 

At this time, the special education department must purchase updated assessment kits and protocols to ensure that all service providers have access to the appropriately-calibrated assessment tools in order to ensure valid results from these evaluations. 

POLICY/CODE:
Ed. Code 56320 

FISCAL IMPACT:
$100,000 from the General Education Budget

STAFF RECOMMENDATION:
Approve allocation of one-time funds to purchase updated assessment kits and protocols for special education programs.

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206 
Official Minutes
October 19, 2016 

President Leyva-Cutler called the meeting to order at 7:15p.m. She reported that the Board convened to Closed Session at 5:49 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 – President

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 54954.5(e), 54957)

Employee #008895

Motion to suspend employee #008895 for 10 days:
Alper/Hemphill and approved 4-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Abstain
Josh Daniels, Director –Yes
Karen Hemphill, Director – Yes

Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
The Board received an update on this matter; no action was taken. 

Superintendent’s Evaluation (Government Code Section 54957)
The Board will reconvene to closed session at the end of open session.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Alper/Appel and unanimously approved 7-0

Presentation by Becca Todd, District Library Coordinator
Todd shared some of the work going on throughout BUSD libraries this fall. 

PUBLIC TESTIMONY
A total of 15 people addressed the Board: 

Eight students and two adults spoke in support of teacher Felarca 

Teacher Felarca spoke on her own behalf

Four parents spoke in support of the BHS Redesign 

COMMITTEE COMMENTS
BHS PTA President and Secretary spoke in support of the BHS Redesign.

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Daniels reminded the public that they have five days left to register to vote.

Director Appel thanked the people who showed up to her office hours.

Director Hemphill will hold office hours on Saturday, Oct. 29 at 10:30 at Café Leila. She also announced that details for the 2017 MLK Breakfast will be going out soon.

President Leyva-Cutler announced that she rescheduled her office hours due to a TK Steering Committee meeting she was scheduled to attend in Sacramento. She thanked staff for their work during the Federal Program Monitoring review

CONSENT CALENDAR

Motion to approve the Consent Calendar:
Alper/ Leyva-Cutler and unanimously approved 7-0 

DISCUSSION ITEMS

2016-17 Student Enrollment Update
Allotted time: 20 min
Actual time:  30 min 

Admissions Manager Francisco Martinez presented an update on current enrollment numbers as a result of the new BP 5111 and revised AR 5111.1 adopted in 2015 requiring students to reenroll as they transition from elementary to middle school and from middle to high school. Questions and discussion followed.

Instructional Technology Initiatives for 2016-17
Allotted time: 40 min
Actual time: 46  min

Allison Krasnow, Jay Nitshke and Becca Todd presented plans to integrate technology into curriculum to support student learning. This year the implementation phase is focused on grades 3-5 and has included Professional Development for teachers to become Google certified educators. Plans also include forming a secondary Instructional Technology work group comprised of teachers, principals and classified staff who will look at options for middle and high schools. Questions and discussion followed.

District Savings Due to Strong Fiscal Management of Facility Bond Funds  
Allotted time: 5 min
Actual time: 3 min

Deputy Superintendent Javetta Cleveland reported that the District has been proactive in refinancing its long term debt for facility bonds for Measure AA and Measure I. BUSD has refinanced several times, saving tax payers $7.9 million. The District now has an opportunity to refinance its 2009 general obligation bond for an additional $4 million in savings. Thanks to its AA+ and AAA credit ratings, BUSD is able to secure lower interest rates.

BOARD SELF-EVALUATION

President Leyva-Cutler as the observer:

• We framed agenda items well
• Only went over 5 min
• We modeled mutual respect

ADJOURNMENT
Meeting adjourned open session at 9:57pm and the Board recessed back into closed session to discuss the Superintendent's evaluation. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Pasquale Scuderi, Assistant Superintendent, Educational Services
Wyn Skeels, Program Supervisor for Career and Technical Education (CTE)
DATE:          November 2, 2016
SUBJECT:   Update on Career and Technical Education Programs

BACKGROUND INFORMATION:
The State’s Career Technical Education (CTE) standards and framework, along with a host of new revenue incentives for college and career readiness, have prompted District’s across California to invest in and develop new or improved curricular options that incorporate cutting-edge knowledge about career options, technology, and the skill-sets required for success in postsecondary education and training as well as in the pursuit of living-wage jobs and careers.

BUSD is at a unique juncture where the development of CTE programs are concerned. Expanded State and Federal support as well as the availability of local bond funds for facilities improvements combined with the implementation of new standards like common core, NGSS, and CTE standards position us to further develop engaging and transformative programs that move student learning beyond the traditional conceptions and constraints of the classroom with innovative, applicable, and hands-on modes of learning. With significant participation by employers, workforce consortiums, and industry practitioners, BUSD is now fully engaged and participating in this current movement of expanded career and technical education opportunities.

Student interest and demand also drives our current work. In one of the most stimulating communications, media, and digital environments in history, engaging students requires curriculum and instruction that is increasingly experiential, multidisciplinary, and infused with innovation, relevance, and real world application. In creating these progressions to post-secondary options, our developing CTE efforts also hold the potential to influence and expand our conceptions of general education coursework on the whole toward a more hands-on and contextualized experience for all students in all subject areas.

BUSD’s development of CTE pathways considers the intersection of the the California Common Core State Standards and California’s CTE Model Curriculum Standards. Embedded within these developing pathways are experiential learning opportunities that emphasize collaborative work experience, decision-making, creative problem-solving and effective communication skills, as well as time management and a host of other practical skills.

Unlike past assumptions that a vocational course or a series of vocational courses were applicable only to future work experience or job prospects, BUSD’s development of CTE pathways and coursework acknowledges the rich intellectual and academic potential of everything from emergency medicine to skilled trades like carpentry and stagecraft and is building these pathways with coursework that ensures transferability to the pursuit of a 4-year degree as well as post-secondary career training.

Understanding Our Program Scope

The state of California has identified 15 Industry Sectors each containing multiple career pathways in which to develop Programs of Study. It is up to individual school districts and the region’s corresponding colleges and businesses to conduct research into the needs of the industry and determine which sectors and careers can best serve the students, industry and the community.

After discussion and analysis with multiple local and regional consortiums, as well as input from BUSD’s CTE committee, our current and developing programs reflect 6 of the 15 California Industry Sectors most applicable to our locality. Pathway development is informed by our local community context, as well as regional employer demand in high growth, high wage industries, and connections to post -secondary educational options.

BUSD’s six sectors include:

1. Health Science and Medical Technology

2. Public Service

3. Arts Media and Entertainment

4. Information and Communication Technology (ICT)

5. Engineering and Design

6. Building Trades and Construction

The following sections outline current progress on course and pathway development within each of BUSD’s six sectors.

Sector 1: Health Science & Medical Technology Industry Sector

BUSD has 2 well developed pathways in the Health Science & Medical Technology Industry Sector.  The Biotechnology Partners Program and The Academy of Medicine and Public Service. The standards in this sector represent the academic and technical skills and knowledge students need to pursue a full range of career opportunities in health science and medical technology, from entry level to management as well as technical and professional career specialties. The standards describe what workers need to know and be able to do to contribute to the delivery of safe and effective health care.

(http://www.cde.ca.gov/ci/ct/sf/documents/cteframework.pdf

The BioTechnology Partners Program:

The BioTech Partners Pathway primarily serves students from backgrounds underrepresented in the Biotechnology field. The BioTech Partners pathway consists of Biotech 1/2, Summer Biotech internship (paid), and BioTech 3 /4.  BioTechnology Partners students who complete Biotech 1/2 and Biotech 3/4 with a B or better, and Math 2 and Chemistry with a C or better, are awarded automatic entry into the Bioscience Career Institute in the Peralta Community College District. This provides students paid internships during the day, and classes during the evening which lead to Certifications in Biotechnology. These include,  Biotechnology Cert and AA (BCC, Laney), Biomanufacturing Cert/AA (Laney), Biomedical Engineering and Technology Certificate (Laney) Many of the graduates from our BioTech Partners Program enroll directly into 4 year degree programs after graduation. http://www.biotechpartners.org/about.html

Industry Partners and Internship Providers include Bayer Pharmaceuticals, BioMarin Pharmaceuticals, Genentech, Berkeley Lab, Libby Laboratories, and iCLEM.  

We are creating opportunities and structures to support our students from backgrounds traditionally underrepresented in STEM fields to excel in our BioTechnology and Engineering Pathways. We have established a National Society of Black Engineers jr. Chapter (NSBE jr.) in partnership with the City of Berkeley and the UCB NSBE Chapter with financial support from the BioTech Partners Program.  We will be establishing a Society of Hispanic Professional Engineers (SHPE) and have an active Girls Who Code Club on campus.

Academy of Medicine and Public Service (AMPS)

AMPS students complete three sciences, one per year,  through their junior year: Forensics, Chemistry, and Biological Health with an emphasis on Anatomy. Seniors take Honors Anatomy, AP Environmental Science, or Physics.  AMPS Juniors are enrolled in the Community Service Professions Course which includes an Internship Component. AMPS Seniors take Applied Medical English. Career exploration is a key element of that course. In addition to the whole range of 4 year college options some of the post - secondary degree and certificate programs that AMPS graduates are prepared for include; Community Health Worker AA and Cert of Achievement (BCC), Medical Terminology (Adult School),  Social Services Paraprofessional AA and Cert (BCC) Community and Public Services (BCC) Nursing, Certification/AS (Merritt), Nutrition and Dietetics Cert/AS (Merritt), Radiologic Science Cert/AS (Merritt), Human Development Services, Certification/ AS, (C of Alameda)

Industry Partners and Internship Providers include; Benioff Children’s Hospital Oakland CHAMPS program, UCB Labor Occupational Health Program and the Alta Bates Summit Youth Bridge Career Development Program. BHS has a very active  Health Occupations Students of America (HOSA) chapter that promotes student leadership and greater awareness of careers in the Healthcare Field.

Sector 2: Public Services Industry Sector

BUSD has  2 pathways in the Public Services Industry Sector.

The Berkeley Safety Technical Emergency Program (B -STEP)

The Emergency Response pathway encompasses standards for designing student coursework in preparation for a number of careers in this field. The standards provide the foundation for further professional education and training at a postsecondary level, leading to certification and employment. By mastering these standards, students gain critical knowledge and skills through classroom and job-site experiences, simulations, and other learning modalities. Careers in this pathway include those in fire services, emergency medical services, wildland services, and emergency management. http://www.cde.ca.gov/ci/ct/sf/documents/cteframework.pdf

The Berkeley Safety Technical Emergency Program (B -STEP) course progression consists of Fire Science , Emergency Medical Technician (EMT) with a postsecondary progression to Paramedic (CCCC). Anatomy and Physiology with dual enrollment through Contra Costa is being explored. Last year B -Step students completed approximately 1,500 Mentor and ride along hours under the supervision of the Berkeley Fire Department. Students make regular field trips to fire stations and Fire Science students visit the Candidate Physical Ability Testing (CPAT) Testing Center where they have the opportunity to practice The Candidate Physical Ability Test, administered by CFFJAC. The test measures the capabilities of firefighting recruits along eight job-specific areas.

B-STEP has been developed in ongoing partnership with the Berkeley Fire Department.

Law & Social Justice Pathway

Law & Social Justice, the Legal Practices Pathway launched this Fall, will prepare students with a broad-based foundation of knowledge pertaining to the various types of law and of legal practice and provide a foundation of basic skills necessary at all levels in the legal professions. The introductory course, Law and Social Justice 1, will have students analyze, evaluate, and learn best practices within the criminal justice system in American society. Students will explore possible career options in law enforcement, politics, and the courts. Students will examine in detail how laws are created, enforced and investigated, how violators of law are prosecuted, and how those found guilty navigate the justice system.

Law and Social Justice is being developed in partnership with the Berkeley Police Department, UCPD, The Police Review Commission, The District Attorney’s Justice Academy and The Center for Youth Development Through Law among other community partners. Industry partners will provide guest speakers, internship and field trip opportunities.  All Law and Social Justice students have opportunities to “ride along” with BPD Patrol officers and experience other aspects of policing and the justice system firsthand.  Students will engage with guest speakers representing a wide range of legal professions, visit the Alameda County jail and the Alameda County juvenile justice facility.

Sector 3: Arts Media & Entertainment Industry

Of all the career industries, the Arts, Media, and Entertainment sector requires perhaps the greatest cross-disciplinary interaction because the work in this sector has a propensity to be largely project-based, requiring both independent work and interdependent management skills for career success. New technologies are also constantly reshaping the boundaries and skill sets of many arts career pathways. Consequently, core arts-sector occupations demand constantly varying combinations of artistic imagination, metaphoric representation, symbolic connections, and technical skills. Successful career preparation involves both broad and in-depth academic and technical preparation as well as the cultivation of twenty-first-century skill assets, such as flexibility, problem-solving abilities, and interpersonal skills.

The Design, Visual, and Media Arts pathway includes those occupations that use visual art, digital media, and Web-based tools and materials as the primary means of communication and expression. In addition to an understanding of current workplace practice, this career pathway requires the development of knowledge and skills in both visual art concepts as well as new and emerging digital processes by which individuals are able to create and communicate complex concepts in a broad range of occupations and professions. Sample occupations associated with this pathway: Digital Animator, Artistic Director, Commercial Artist, Web Designer, Museum Curator. http://www.cde.ca.gov/ci/ct/sf/documents/cteframework.pdf

Communication Arts and Sciences (CAS) and Digital Media

The Communication Arts & Sciences (CAS) & Digital Media Pathway courses are; Intro to Computer Art, The Art of Video Production, Advanced Studio Editing and Advanced Digital Photography. CAS and Digital Media connect students to internships in Media.  Internships provide opportunities for students to explore the professional world of media and to expand and apply media skills and knowledge.  Choices include: video, radio, music production, television, web design, photography, spoken word and print media.  CAS has well established partnerships with Youth Radio, Youth Sounds and Bump Records, Youth Speaks, Berkeley Community Media, the Pacific Film Archive among others. We are currently engaged in Pathway Mapping and articulated course agreements with the Berkeley City College Multimedia Arts Program as we develop an articulated post -secondary pathway.

Arts and Humanities Academy (AHA)

The Arts and Humanities Academy (AHA) course progression includes the foundational 9th grade AHA Art Wheel:  A sequence of eight visual and performing arts classes designed to  give students a thorough introduction to all art disciplines. The AHA Visual Arts CTE pathway is comprised of AHA Creative Arts, AHA Advanced Creative Arts, and AP-Studio Art.

AHA seniors orient their year to support their Senior Inquiry Project. At the beginning of the year, students formulate a question relating to their artistic practice, their educational or professional goals and the community or world at large. Their year is then designed to pursue investigation of this interest by conducting an in-depth research project that includes interviews, readings and an internship in the community. In the thesis presentation at the end of the senior year, students present their findings to a panel of teachers, peers and community members, for review.

Information and Communication Technologies (ICT) have expanded the need for employees who can understand, manage, and support all rapidly emerging, evolving, and converging computer, software, networking, telecommunications, Internet, programming, and information systems. Essential skills for careers in the ICT sector include understanding systems that support the management and flow of data, the ability to work well and communicate clearly with people, and the ability to manage projects efficiently. The ICT sector meets national criteria for high demand, high wages, and high skills and provides students with excellent opportunities for interesting work and good pay. More than 70 percent of jobs in this sector will require a bachelor’s degree or higher by 2018. http://www.cde.ca.gov/ci/ct/sf/ctemcstandards.asp

The current ICT course offerings include Intro to Computer Programming, Computer Science IB SL, Computer Science  IB HL2, AP Computer Science Principles, AP Java Computer Programming.  We are in the process of connecting Introduction to Computer Programming to overall ICT Pathway planning as we encourage students to explore more advanced ICT courses and to pursue stackable industry recognized certificates. Post -secondary pathway options available to our students include; Computer Information Systems Cert/AS (BCC), Applied Computer Information Systems Cert/AS(BCC)  and Web Programing (Cert/AS) (BCC)

Berkeley Technology Academy is currently engaged in the development of an ICT Pathway. Likely course progression will include, Intro to Programming, Beginning IOS App Dev, and Android Basic (JAVA).  

We are creating opportunities and structures to support our students from backgrounds traditionally underrepresented in STEM fields to excel in our BioTechnology and Engineering Pathways. We have established a chapter of the National Society of Black Engineers Jr. Chapter in partnership with the City of Berkeley and the UCB NSBE Chapter with support from the BioTech Partners Program.  We will be establishing a Society of Hispanic Professional Engineers (SHPE) and have an active Girls Who Code Club on campus.

Sector 5: Engineering & Design Industry Sector  

Engineering Technology Pathway

The Engineering Technology pathway provides learning opportunities for students interested in preparing for careers in the design, production, or maintenance of mechanical, electrical, electronics, or electromechanical products and systems.

Electronic Tech

BUSD is moving on facilities upgrades to support an Electronic Tech Course. Electronic Tech curriculum will be constructed in coordination with Los Medanos College and in partnership with EBMUD and other regional Utilities.  http://www.losmedanos.edu/eetec/EEtecflyerSmall.pdf

http://baywork.org/

Robotics

Berkeley High has had a Robotics Club for the past several years. Until recently club activities occurred off campus and without meaningful support from the school community. Club members have been working and competing successfully and several 2016 Robotics Club graduates are now in highly competitive engineering programs including 3 at UCB.  Robotics options, driven by student demand, include access to partnerships like the UCB Pioneers in Engineering Program. Our developing robotics program also seeks to instill the wide range of highly relevant and marketable skills embedded in many Robotics programs. http://www.bhsrobotics.org/

https://pioneers.berkeley.edu/

Sector 6: Building Trades & Construction Sector

Carpentry:

The Cabinetry, Millwork, and Woodworking Pathway provides learning opportunities for students interested in preparing for careers in cabinet construction, millwork, finish carpentry, and furniture making for both production and custom products. The proposed carpentry course, Introduction to Carpentry, will introduce shop safety, basic skills with hand and power tools, mathematical problem solving, and interpretation of working drawings and the development of leadership skills. This class will be developed in partnership with Stagecraft. This pathway is being developed in partnership with Carpenters Local 713 and International Alliance of Theatrical Stage Employees, Local 107.

Stagecraft:

The proposed Entertainment Technician course introduces and develops students in four departments of entertainment technician expertise; Rigging, Carpentry, Lighting and Audio-Video. The course concentrates on fundamental and advanced elements of expertise an entertainment technician must have to succeed and thrive in the broad industry of presenting Performing Arts in its many forms. Strong emphasis is placed on safe working practices for all aspects of producing entertainment presentations. The course departments each require a semester of training totaling 2 years, or 4 semesters to complete the full requirement. Individual departments may be completed for proportional credit, but only the full course will claim a credential and career placement advantage. Coursework includes classroom training on concepts and skills and practical application in an entertainment production environment of those skills to achieve confidence and mastery.

When fully developed, Stagecraft will provide a rigorous entertainment technician pathway designed to prepare students specifically for entertainment technician careers. The course does not match the “f” specification of Arts and Media because there is no significant critical component of artistic impression or esthetic valuing. BUSD is developing Stagecraft in partnership with entertainment production companies, professional scene shops, theatrical equipment rental shops and the local industry labor union (International Association of Theatrical Stage Employees, IATSE. Subject matter has been chosen from a variety of IATSE apprenticeship courses and seminar materials.

This pathway is being developed in partnership with Carpenters Local 713 and International Alliance of Theatrical Stage Employees, Local 107.

Funding  Sources

The table below shows the multiple revenue streams supporting CTE in BUSD and where they are currently applied. Note the concurrent expiration of multiple CTE incentive funds between 2018 and 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Lisa Graham, Director of Special Education
DATE:        November 2, 2016
SUBJECT:  Annual Report on Special Education

BACKGROUND INFORMATION:

This is a status report on specific areas of special education:

• Special Education Demographics and Comparative Data
• Transition Partnership Program (TPP), WorkAbility and High School Post-Graduation Outcomes
• Special Education Compliance Monitoring and Verification Review (VR)
• Significant Disproportionality Coordinated Early Intervening Services (SD-CEIS) Plan
• Professional Development (PD) for Special Education Staff
• Special Education Outreach, Accessibility and Partnerships
• Due Process Hearings (DPH), Mediations and Other Legal Issues
• Dyslexia legislation (AB 1369) 

It should be noted that special education programmatic staffing updates are not a component of this annual report. A subsequent item will be submitted for Board consideration once a final staff recommendation is prepared for this topic.

Special Education Demographics and Comparative Data

The district serves children birth through 21 years of age through a continuum of service options that include site based specialized academic instruction with related services and supports, nonpublic schools and agencies, an adult transition program, residential placements, state schools for the deaf or blind or other school districts or Special Education Local Plan Areas (SELPAs).   

The district serves students in all 13 federal eligibility categories:

• Autistic-like (AUT)
• Deaf (DEAF)
• Deaf-blind (DB)
• Emotional Disturbance (ED)
• Hard of Hearing (HH)
• Intellectual Disability (ID)
• Multiple Disability (MD)
• Orthopedic Impairment (OI)
• Other Health Impairment (OHI)
• Specific Learning Disability (SLD)
• Speech Language Impairment (SLI)
• Traumatic Brain Injury (TBI)
• Visual Impairment (VI)

Based on the annual December Pupil Count the number of students in special education has not fluctuated more than 113 students since 2002. The percent of students identified as being eligible for special education in BUSD are comparable to the other districts within the North Region SELPA (NR SELPA) and are consistent with the percentages across the state of California.

The percentage of students referred for an evaluation for special education as well as the percentage of students found eligible or not eligible are comparable to the other districts within the NR SELPA. Students identified as eligible for special education are reevaluated every three years to determine if they continue to meet eligibility criteria for special education. The percentage of students found to no longer meet special education criteria and returned to general education in BUSD is also comparable to the other districts within the NR SELPA.

The two populations with the greatest increases are children with autism and Pre-K students. The rise in the autism is occurring nationally. The increase in Pre-K students appears to result from the early identification of students with Autism Spectrum Disorder (ASD) by primary health care providers and regional centers regulated by the California Department of Developmental Services. 

Autism Rates Increase

The California Department of Education (CDE) released data for 2015-16 indicating that more than 97,000 public school students in the state have been diagnosed with autism. In 2014-15, the total was less than 91,000 children, representing an increase of approximately 7 percent over a one-year period. 

Since 2006, the number of students with autism in California has risen by between 5,000 and 7,000 every year. In 2001, there were less than 20,000 children in the state diagnosed with autism. This increase has been seen most recently in the numbers of students being identified early by medical providers or regional centers and being referred to special education preschool programs as part of Part B to Part C transition services.

Special Education Preschool Classes

BUSD provides services to special education students in a variety of preschool program settings to address their unique needs, from inclusion in a typical preschool classroom with specialized supports to an integrated setting that provides specialized services and access to typical peers to drop-in speech-only services for students who do not require a classroom placement to meet their IEP goals. BUSD operated with three integrated special education preschool classrooms for many years. A fourth classroom was added in the spring of 2011, a fifth in the spring of 2016 and a sixth will be opened for the spring only of 2017. In the fall of 2017 there are expected to be more than 33 special education preschool students who will transition to transitional kindergarten (TK) or kindergarten programs for the 2017-18 school year, not including any students who require only speech services. By comparison, 18 special education preschool students transitioned to TK or kindergarten programs for the 2016-17 school year.

K-12 Referrals

Referrals for a special education evaluation may come from a variety of sources including a Parent/Guardian (P), school site via a teacher or SST (T) or from an other community member or district personnel (O). Below is a chart that indicates the number of referrals received from each of these sources by K-12 school site for the past four years and how many were eligible for special education versus ineligible. 

Service Delivery for Special Education

Special education at school sites is a system of support services that integrate students into age appropriate general education classrooms, offering specialized supports to students who need them. The district allocates special education teachers per the contract with Berkeley Federation of Teachers (BFT). Special day classes operate for very specialized populations, such as students with emotional disabilities requiring an intensive therapeutic environment. Supplemental supports and services are provided at school sites to prevent removal of students from general education in accordance with the law and research regarding outcomes for student performance in school. 

Least Restrictive Environment and Non-public School Services

Districts are responsible for providing special education programs that are reasonably calculated to provide some educational benefit to students with disabilities. In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment (LRE) for individuals with exceptional needs:

(a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled.

(b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily. [California Education Code 56040.1] 

The continuum of educational placement options are available within the NR SELPA. The district also coordinates with nearby SELPAs to consider alternative placement options for students who require them. In 2015-16 BUSD placed six school-age students in educational programs within the SELPA and one student in a program in a neighboring SELPA. 

Non-public schools (NPS) are also required to be made available as part of a school district’s continuum of service options. The district contracts for services to provide appropriate special educational facilities, special education and related services required by a student with a disability if an appropriate public education program is not available. Students enrolled in non-public schools are deemed to be enrolled in public schools. The number of students served in non-public schools has decreased over time, demonstrating a greater ability for students to be served in the least restrictive environment with their non-disabled peers.

Year               #Students                          

2011-12                67

2012-13                72

2013-14                54

2014-15                33

2015-16                29

2016-17                23 (as of 10/20/16)

Counseling Enriched Classes

The counseling enriched classes were established to provide intensive school based therapeutic and behavioral services as an alternative to non-public schools. They continue to meet the needs of many students who would otherwise be candidates for non-public school placements. The counseling based classrooms can serve up to the following numbers of students:

Non-public Agency Services

Non-public agency (NPA) services are provided as alternative special education services for students. In BUSD, non-public agencies are utilized to provide services such as speech/language therapy, occupational therapy, augmentative communication, due to shortages of qualified service providers available for hire. The counseling enriched classes are also funded through a NPA.  Other NPA services are provided for individual students who require medically related services, intensive behavioral services, or specific services that are not provided in the district.

Transition Partnership Program (TPP), WorkAbility and High School Post-Graduation Outcomes

Background

The California Education Code (Sections 56460-56463) defines the goal of transition services as the “planned movement from secondary education to adult life that provides opportunities which maximize economic and social independence in the least restrictive environment for individuals with exceptional needs.”

Berkeley Transition Partnership Program (TPP) is a collaborative program between BUSD and the Department of Rehabilitation (DOR) designed to facilitate the transition of youth and young adults with IEPs as they move from high school to the world of work.  The program focus is to provide curriculum, assessment, counseling, career exploration, job search and placement assistance, job coaching and other employment-related support when appropriate.  Upon completion of high school, the DOR will continue to work with the clients providing post-secondary guidance until they enter into meaningful, competitive employment.

All students at Berkeley High School with IEPs are eligible for WorkAbility services including career/vocational assessment, career counseling and guidance, career preparation, employment preparation, job development, job search services as well as instruction in decision-making and interpersonal communications. The TPP may expand services to eligible students to include intensive and in-depth services in personal management, career management and life management.

The profile of a TPP student is based on the following factors:

• A second-semester junior or a senior with an IEP;
• Has a disability that constitutes or results in a significant impediment to employment; and
• Can benefit from vocational rehabilitation services to obtain and retain employment.

A benefit of this program is that once a student is a client, the DOR services can extend through life or until s/he achieves his or her employment goals.  These students receive services from the DOR vocational specialist and the TPP high school staff to connect them with adult services and agencies. In addition, any post-secondary student requesting WorkAbility services at the Adult School, the community college system or the 4-year college system must already be or become a DOR client. 

The Berkeley Unified High School District (BUSD) TPP provides services jointly to mutual students/DOR clients of the Berkeley Branch of the Greater East Bay DOR district and BUSD through a cooperative agreement. The cooperative program serves at-risk students with disabilities from Berkeley High School. The cooperative program provides Transitional Vocational Evaluation, Vocational Instruction (Employment Preparation), Job Development, Placement and Follow Up, and Non-Supported Employment Job Coaching. In February 2016 the Cooperative Programs Section of the Department of Rehabilitation (DOR) conducted a comprehensive program review of the BUSD TPP. 

Berkeley High School (BHS) / Berkeley Technology Academy (BTA)

In June 2016 the majority of students with IEPs graduated with a regular high school diploma.

                                                                                               June 2016

Graduated with a diploma............................................................57

Graduated with a certificate of completion................................... 6

Aged out (over the age of 22 – no longer eligible)....................... 8

Passed the California High School Proficiency Exam (CHSPE)...3

Completed 12^th grade – continuing at BHS (5^th year)..................6

Post-graduate outcomes reported for students with IEPs include:

Attending a 4-year college program.............................................5

Attending a community college program....................................22

Attained employment (in lieu).......................................................7

Of the students who exited BHS in June 2016 the following have participated in TPP or the Ala Costa Adult Transition (ACAT) program prior to exiting:

Transition Partnership Program (TPP)........................................25

Ala Costa Adult Transition (ACAT)..............................................17

Ala Costa’s Adult Transition Program [ACAT] is a non-profit organization which serves students ages 18-22 with developmental disabilities from the BUSD and North Region SELPA. ACAT is a community-based program that focuses on self-determination skills, vocational skills, independent living skills, and community integration. 

Special Education Compliance Monitoring and Verification Review

Background

Twice per year, on December 1 and June 30, special education data is reported to the CDE via the California Special Education Management Information System (CASEMIS). Districts are notified about any Data-Identified Non-Compliant (DINC) findings at these dates. On the June 30, 2016 end-of-year DINC report, the district had the following findings:

Overdue Initial IEPs....................1 of approximately 230

Overdue Annual IEPs.................7 of approximately 1330

Overdue Triennial IEPs..............1 of approximately 450

Incomplete Transition Plans.......0 of approximately 280

All other IEPs were held within proper timelines according the data reported by the CDE.

In April 2015 the California Department of Education Special Education (CDE-SE) Division conducted a compliance verification review (VR). Districts are selected for VRs when the CDE-SE Division sees a pattern of non-compliance or suspects that there is a systemic breakdown in procedures and compliance monitoring. The CDE reviewers obtained information by reviewing student files, interviewing parents and staff, and reviewing SELPA and district policies and procedures.

The VR indicated two types of findings: 1) individual student findings, which required follow-up by staff, and 2) systemic findings, which identified areas of non-compliance within the district that required a review of policies and procedures and staff training. Corrective actions were required to resolve both areas of non-compliance. In prior years a district needed to demonstrate a certain percentage of individual student findings in order to produce a systemic finding of non-compliance. For this verification review cycle, each individual student finding produced a systemic finding of non-compliance.

On April 4, 2016, the special education director hosted a town hall meeting in the BUSD board room and invited interested parents, staff and community members to learn more about the verification review and hear directly from the CDE focused monitoring and technical assistance (FMTA) consultant regarding this process. 24 non-district staff individuals attended this town hall meeting.

Status

The special education staff has worked diligently to complete the follow-up corrective actions to bring the district into compliance. The following activities have been completed: 

Individual student findings have been corrected and submitted to CDE. All corrective actions have been received and reviewed by the CDE consultant. The final determination regarding these corrective actions is still pending. 

To clear the District-wide systemic findings, the district had to demonstrate that there were policies and procedures in place to address the non-compliant findings. In addition, the district was required to provide in-service training for special education staff and administrators. 

Special education program supervisors and director led ten in-service trainings between October 2015 and September 2016 for the following groups: special education teachers (pre-K through high school), school psychologists, DIS service providers, principals and other administrators. In April 2016 the district’s special education attorney provided two trainings to the school psychologists on conducting defensible assessments, writing compliant assessment reports, and appropriately determining special education eligibility for the categories of Emotional Disturbance (ED) and Specific Learning Disability (SLD). Program supervisors and school psychologists attend two all day Special Education Legal Symposiums offered by our legal firm each school year, in October and April. In addition, individual special education staff attended related training outside of the school district.

The director and program supervisors reviewed about 60 files of students that had IEP meeting activity between November 2015 and May 2016 to monitor changes in practice subsequent to the in-service trainings conducted. Positive changes were seen in the file review. However, continued monitoring is needed.

CDE consultant has verbally stated that BUSD has submitted all documentation necessary to address the individual student and district level corrective actions. Three CDE consultants are expected to return to the district on November 17 and 18, 2016 to conduct a follow-up review of 30 student files to determine if the systemic findings have been adequately addressed. A final report will be provided to the district at the completion of this review process, one year from the date of the initial report to the district, on or around April 2017. 

Significant Disproportionality Coordinated Early Intervening Services (SD-CEIS) Plan

Background

In 2008-2009 the district was identified as having a significantly disproportionate (SIG DIS) number of African-American students in special education identified in the categories of specific learning disability and emotional disabilities. In 2009-10, the category of specific learning disabilities was no longer found to be in the significant range. In June 2016 the district continued to be identified as SIG DIS for African-American students identified with emotional disabilities, based on the 2014-15 pupil count data.

Dec 1, 2015 special education pupil count results compared to previous years:

African-American Students identified by disability category:

Total African American Students in Special Education

12/1/13 = 454

12/1/14 = 450

12/1/15 = 405

The preliminary results of the district’s reform efforts show promise in better serving African-American students and more accurately identifying those who exhibit learning disabilities. The end result of these efforts should be a reduction in the over-identification of individual students as disabled.

The CDE requires the district to develop a SD-CEIS Plan in the 2016-17 school year to address this SIG DIS issue. The district must submit the SD-CEIS Plan and Programmatic Improvement Action Plan to the State Performance Plan Technical Assistance Project (SPP-TAP) by February 1, 2017. SPP-TAP will provide written qualitative feedback to the district no later than March 1, 2017. The district must address any corrections needed based on this feedback and submit the final SD-CEIS Plan to CDE by April 1, 2017. A 2016 Progress Report will be due to CDE by October 1, 2017.

Activities required for submission of this plan include forming a leadership team, convening a stakeholder group, engaging the technical assistance, choosing a facilitator for guidance through the improvement process, gathering relevant data for analysis, attending an orientation hosted by CDE and the SPP-TAP contractor at the Napa County Office of Education (NCOE). The district’s educational services division has been identified as the leadership team for this process. Members of this division include: the assistant superintendent of educational services, director of special education, director of student services, director of schools, director of programs and special projects and the director of research evaluation and assessment. On October 26, 2016 the director of special education and the director of programs and special projects, along with the SELPA director, attended a regional information session to learn more about this SD-CEIS Plan process. The district must now identifying a consultant as a facilitator to support the next steps in the process for the SD-CEIS Plan. The second phase of the SD-CEIS Plan process is to gather relevant data and engage in a programmatic self-assessment process to reveal the root cause/s of disproportionality in order to plan for the implementation of the SD-CEIS Plan.

Professional Development (PD) for Special Education staff

Special education staff participate in a variety of PD activities throughout the year. Each year the special education teaching staff are invited to participate in the PD activities and weekly staff meetings with the regular education staff to ensure a common understanding and commitment to implementing the strategies to support the district-wide initiatives for the benefit of students.

In addition, special education staff and related service providers participate in regular job-alike collaborative sessions to build common practices as special education teachers across the district by engaging in effective and productive collaboration using data to inform discussions and plans for instruction and to use and analyze data to monitor students’ progress.

On August 22, 2016 newly hired special education teachers participated in a specialized new teacher orientation in addition to the new teacher orientation provided to new general education teachers.

On August 22-24, 2016 the district Behavior Specialists provided a three-day intensive workshop training on Behavior Analysis Strategies for the Inclusive Classroom (BASIC). This training was designed to help educators Pre-K through 8th grade learn and apply evidence-based principles from the science of Applied Behavior Analysis (ABA) to students with whom they work. Teachers and paraprofessionals learned the basics of applied behavioral analysis, best practices for effective prompting, how to conduct an effective environmental analysis, as well as how to use a culturally relevant approach to working with students from diverse backgrounds. More than 56 staff in grades Pre-K through 8^th grade participated in this training.

Outreach, Accessibility and Partnerships

The special education director has made a concerted effort during the first year of her tenure to be accessible to parents and community partners. She holds office hours twice per month on the first Tuesday of the month at Westside Bakery Café, located at the corner of Parker and Ninth Street, and the third Tuesday of the month by appointment in her office at the district office, located at 2020 Bonar Street, during the school year. Another outreach tool used by the special education director are messages from staff and community partners shared via email through School Messenger to interested parents/guardians of students with IEPs. In 2015-16 there were 25 messages sent out to parents/guardians. To-date, in the 2016-17 school year, there have been 6 messages sent out to parents/guardians. The positive impact of these efforts has been a substantial increase in the BUSD family participation in the SELPA Community Advisory Committee (CAC) meetings. In 2014-15 the BUSD participation rate was 6 families. In 2015-16 the BUSD participation was 28 families, representing a 366% increase. In addition, in 2015-16, the special education director hosted four open forum input meetings to elicit feedback from staff, families and community members regarding special education programs and services in the district.

On March 30, 2016 the special education director hosted the first ever “Fully Accessible Family and Friends Fun Field Day” event at King Middle School. This event, in partnership with Bay Area Outreach and Recreational Program (BORP) and other community partners, allowed families and friends to interact and play together and experience a wide variety of games and activities that can be enjoyed by individuals of all abilities. This year, by request, the event will be held on a Saturday to encourage greater attendance and community participation. More details regarding the date of this event will be announced as soon as they are finalized. Anyone interested in volunteering or partnering for this event should contact the special education director for more information.

Due Process Hearings (DPH), Mediations and Other Legal Issues

Background

A parent/guardian or district may file a due process hearing if 1) there is a proposal to initiate or refuse or change the identification, assessment, or educational placement of a student or provide a free appropriate public education (FAPE), 2) the parent/guardian refuses to consent to an assessment, 3) there is disagreement between the parent/guardian and the district regarding the availability of an appropriate program for the child, including the question of financial responsibility. Prior to a due process hearing there are opportunities to resolve the issues using alternative dispute resolution conference or mediation. In addition, either party may request a mediation-only conference. The district’s interest is to resolve issues or disagreements at the earliest opportunity.

Status

The numbers of due process filings are listed below. All filings were resolved using the resolution session or mediation process.

                                          2014-15               2015-16

Quarter 1 (July-Sept)             6                         8 (carry-over from Q4 14-15)

Quarter 2 (Oct-Dec)               2                         5

Quarter 3 (Jan-Mar)               5                         3

Quarter 4 (Apr-June)              3                         1

Dyslexia legislation (AB 1369)

Background

In April 2015 California legislation passed Assembly Bill 1369 (AB 1369) which clarified the language relating to special education procedures for identifying students as meeting educational eligibility criteria for Specific Learning Disability (SLD) and proposes a state-mandated local program for all districts to screen all students enrolled in kindergarten and grades 1-3, inclusive, to identify dyslexia or other reading and writing dysfunctions and to notify the student’s parent/guardian of such identification. The bill also requires in-service training programs for regular education teachers, special education teachers and school psychologists in the recognition of, and implementation of evidence-based teaching methodologies for dyslexia and other reading and writing dysfunctions. The California Superintendent of Public Instruction is required to develop program guidelines and to identify an evidence-based screening instrument as well as an evidence-based multisensory, direct, explicit, structured and sequential approach to teaching students who have dyslexia or other reading and writing dysfunctions by January 1, 2017.

POLICY/CODE:
Ed. Code-Part 30-Special Education Programs

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the report on the Special Education services

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

To what degree did we . . .

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