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Regular Meeting
Berkeley USD
November 16, 2016 6:30PM
1231 Addison Street, Berkeley, CA 94702

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

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


2. Closed Session Public Testimony
Quick Summary / Abstract:

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


3. Closed Session
Quick Summary / Abstract:

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

3.1. Workers Comp Claims (Government Code Section 54961)
3.1.1. Claim #140900200
3.1.2. Claim # 15-081359
3.2. Superintendent's Evaluation (Government Code Section 54957)
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of November 16, 2016
Rationale:
1.  Call to Order
The Presiding Officer will call the meeting to order at 6:30 p.m. The Regular Meeting will convene by 7:30 p.m. 

2.  Closed Session Public Testimony

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

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

3.1 Workers Comp Claim (Government Code Section 54961) (15 min)
3.1.1Claim #140900200
3.1.2Claim #15-081359
3.2 Superintendent’s Evaluation (Government Code Section 54957) (45 min)

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of November 16, 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 Reappointment of Personnel Commissioner—Board Appointed Nominee
11.3 Approval of Contract with New Bridge Foundation for Alcohol, Tobacco, and Other Drugs Use (ATOD) Prevention and Intervention Support in BUSD
11.4 Approval of Contracts/Purchase Orders for Services Contracts
11.5 Approval of Listing of Warrants Issued in October 2016
11.6 Approval of Payroll Warrants Issued in October 2016
11.7 Accept the Completion of the Roofing Replacement at Thousand Oaks, Longfellow and BHS Building C
11.8 Approval of Overnight Field Trip Requests
11.9 2017 Berkeley Adult School Six-Week Summer Session
11.10 Reclassification Criteria for Grades Kindergarten, One and Two

 
12. Action Items
12.1 Public Hearing (8:00 PM), Approval of Developer Fee Justification Study and Approval of Resolution 17-043 for Adoption of School Facilities Fees (10 min)

13. Discussion Items
13.1 Report on Measure E1 Election Results (20 min)
13.2 Report on the 2016 California Healthy Kids Survey Results (50 min)
13.3 Approval of the Measure I Bond Reallocation Plan (60 min)


14. Information Items
14.1 Report on Additional Indicators of Progress
14.2 Local Control Accountability Plan (LCAP) Implementation Update

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 Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:   Donald Evans, Ed.D., Superintendent
FROM:   Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:             November 16, 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 11.16.16
Classified Personnel Report 11.16.16
11.2. Reappointment of Personnel Commissioner – Board Appointed Nominee
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, HR             
DATE:             November 16, 2016
SUBJECT:  Reappointment of Personnel Commissioner – Board Appointed Nominee                              

BACKGROUND INFORMATION: 
Per Education Code section 45245, one member of the Personnel Commission shall be appointed by the governing board of the District.

Presently, the Board appointed Commissioner, Reynaldo Ortiz’s term will exhaust on 11:59am, December 1, 2016.

POLICY/CODE:
Education Code Sections 45245, 45246, 45247 and 45248 and 45249

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Reappoint Reynaldo Ortiz as Personnel Commissioner to serve as Board Appointee from December 1, 2016 to December 1, 2018. 





 
11.3. Approval of Contract with New Bridge Foundation for Alcohol, Tobacco, and Other Drug Use (ATOD) Prevention and Intervention Support in BUSD
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Dr. Donald Evans, Ed.D., Superintendent          
FROM:       Susan Craig, Director, Student Services
DATE:        November 16, 2016
SUBJECT:  Contract with New Bridge Foundation for Alcohol, Tobacco, and Other Drug Use (ATOD) Prevention and Intervention Support in BUSD                          

BACKGROUND INFORMATION:
BUSD students at both the middle school and high school levels report high levels of substance use, according to the California Healthy Kids Survey (CHKS), which is administered every other year to BUSD students in grades 5, 7, 9, 11, and at Berkeley Technology Academy. In particular, BUSD students’ reported marijuana use rates are above the State and National average. Additionally, CHKS began tracking electronic cigarette use in 2014.  In the 2014 CHKS and again in the 2016 CHKS, many students reported electric cigarette use, which contains nicotine and frequently contains THC, the psychoactive substance in marijuana.  

The combination of City of Berkeley’s permissive attitude towards marijuana, and the abundance of high quality, inexpensive marijuana in the community are probable factors that contribute to the high rate of marijuana use by BUSD students. ATOD use during adolescence contributes to high risk behavior, truancy, academic failure, depression and other issues related to mental and physical health.

The City of Berkeley and BUSD have joined forces since 2014 to address ATOD use by Berkeley’s youth through a non-punitive educational and therapeutic approach. Two years ago, COB and BUSD agreed to provide matching contributions of $70,000 towards a contract with New Bridge Foundation to provide the ASPIRE Program, a research-based ATOD prevention and intervention program that includes a therapeutic component and education at Berkeley High School, Longfellow and King Middle Schools. The ASPIRE Program was already offered through New Bridge at Berkeley Technology Academy and Willard Middle School through a grant. Both COB and BUSD have agreed to continue providing a matching contribution of $70,000 in order to continue offering New Bridge’s ASPIRE Program at BHS, King MS, and Longfellow MS. Through this joint effort between COB and BUSD, ATOD prevention education and intervention support will continue to be available at all BUSD middle and high schools during the 2016-2017 school year.

The ASPIRE Program provides ATOD education and intervention support for students who are in possession and/or under the influence of ATOD while under school jurisdiction. ATOD intervention is used in lieu of suspension whenever feasible and allowed by law. (Note: selling a controlled substance at school requires a mandatory recommendation for expulsion.) Students can be referred to the ASPIRE program by school staff (including administrators, counselors, teachers, safety officers, or other staff), through the School Attendance Review Board (SARB), and by parent/guardian request. Students may also self-refer to the program. The ASPIRE program’s effectiveness is evaluated through pre- and post- surveys taken by participants, additional feedback gathered from participants (i.e. focus groups), a review of referrals to the program in lieu of suspension/expulsion, and through SARB, a review of BUSD’s suspension data for possession and use of controlled substances, and through an analysis of CHKS data every other year.

POLICY/CODE:
3513.3, 5131.6, 5144.1 

FISCAL IMPACT:
A total of $140,000 funded 50% by the City of Berkeley and 50% from matching funds. 

STAFF RECOMMENDATION:
Approve the contract with New Bridge Foundation.




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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         November 16, 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. H.Y. Floor and Gameline Painting, Inc., to provide wood floor finishing service at Berkeley High School Donahue Gym for the Plant Operations Department for the 2016/17 SY. The cost will not exceed $27,848. To be paid from General Fund. Requested by Gregory Williams.
  2. Tovi Scruggs to provide workshops to increase parent involvement, engagement and efficacy to increase academic outcomes for students of color for the Office of Family Engagement and Equity 12/03/16 through 6/30/17. The cost will not exceed $10,000. To be paid from General Fund.   Requested by Ann Callegari.
  3. Barb Gee Consulting to provide organizational consulting and special projects for the Human Resources and Payroll Departments and additional support for the Assistant Superintendent of HR due to the vacant position of the Director of Personnel Services 11/21/2016 through 1/31/2017. The cost will not exceed $25,000. To be paid from General Fund. Requested by Javetta Cleveland.
  4. Berkeley Youth Alternatives to provide mentoring services for homeless District students for 2016/17SY. The cost will not exceed $15,000. To be paid from McKinney-Vento Grant. Requested by Susan Craig. 
  5. Increase in contract, PO 170053, to Tyler Technologies, Inc. to provide additional maintenance support for Versatrans and Fleetvisions Systems for the Transportation Department for 2016/17SY. The original purchase order in the amount of $9,900 was issued on 7/5/16. The additional amount requested is $7,271.98 for a total of $17,171.98. To be paid from General Fund. Requested by Tim Mull.
  6. Increase in contract, PO#170466, to R.H. Tinney,to provide HVAC services for the Maintenance Department for the 2016/17SY. The Board approved $25,000 on August 24, 2016. The additional contract amount will increase the cost by $10,000 for a total amount of $35,000. 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 indicated above. 














 
11.5. Approval of Listing of Warrants Issued in October 2016
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:         November 16, 2016
SUBJECT: Approve Listing of Warrants issued in October 2016. 

BACKGROUND INFORMATION:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of October is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,945,454.90 for the month of October 2016 from various funds.  

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

 
Attachments:
District Warrant for October 2016
11.6. Approval of Payroll Warrants Issued in October 2016
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:          November 16, 2016
SUBJECT:  Approval of Payroll Warrants Issued in October 2016

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month. The attached represents a summary of pay warrants from various funds for the month of October 2016.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,265,607.01 for October 2016 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in October 2016.



 
Attachments:
Payroll Warrants October 2016
11.7. Accept the Completion of the Roofing Replacement at Thousand Oaks, Longfellow, and BHS Building C
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         November 16, 2016
SUBJECT:  Accept the Completion of the Longfellow Re-Roofing, Thousand Oaks Re-Roofing, and Berkeley High School Building C Re-Roofing Projects

BACKGROUND INFORMATION:
On April 20, 2016, the Board awarded a contract to State Roofing Systems, Inc. for $1,031,025.00 to perform the Thousand Oaks, Longfellow, and BHS Building C Re-Roofing 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.  Thousand Oaks, Longfellow, and BHS Building C Roofing Projects had change orders of $4,906.33 or 0.48% of the contract amount. We originally budgeted for change orders of 10%. 

STAFF RECOMMENDATION:
Accept the project as complete.   


 
Attachments:
Resolution 17-044
11.8. Approval of Overnight Field Trip Requests
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         November 16, 2016
SUBJECT:   Overnight Field Trips

BACKGROUND INFORMATION:

The following overnight field trips are being requested:

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, December 8-9, 2016

Approve participation of fifty-five (55)11th grade CAS students, six (6) teachers and zero (0) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, December 8th at 9:30 a.m., and return Friday, December 9th at 1:30 p.m. The group will engage in collaborative projects and learning throughout the two day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $105.00 per student will be paid for by parent donations and CPA grant. No student will be denied access based on inability to pay.  Requested by: Sam Pasarow, BHS Principal.

 Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, February 2-3, 2017

Approve participation of fifty-five (55)10th grade CAS students, six (6) teachers and zero (0) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, February 2nd at 9:30 a.m., and return Friday, February 3rd at 1:30 p.m. The group will engage in collaborative projects and learning throughout the two day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $105.00 per student will be paid for by parent donations and CPA grant. No student will be denied access based on inability to pay.  Requested by: Sam Pasarow, BHS Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

 
11.9. 2017 Berkeley Adult School Six-Week Summer Session
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
Tom Reid, Principal, Berkeley Adult School
DATE: November 16, 2016
SUBJECT: 2017 Berkeley Adult School Six-Week Summer Session

BACKGROUND INFORMATION:
Berkeley Adult School (BAS) offered classes in a summer session routinely until approximately 2010, when the Board acted to eliminate the BAS summer session due to financial constraints.  There is now a new, dedicated funding stream for adult education which came to BUSD beginning in 2015-16 under the provisions of Assembly Bill 104.  The level of funding coming to the District supports a modest level of growth in adult education services.  Currently, there are adults on waiting lists for English as a Second Language and High School Diploma classes at BAS, so there are needs in these two areas.  BAS’s building is at capacity, so expanding in the space available is problematic. However, expanding in time is an alternative. Staff is proposing that Berkeley Adult School offer a limited, six-week session of classes in the summer of 2017.

Offering a summer session helps limit the erosion of skills that adult learners may experience during an eleven week gap in instruction. For adult learners who have goals of improving skills or gaining a high school diploma to improve their earning potential, the costs of skill erosion are significant.

There are adequate funds to operate a summer session in 2017, but the long-term impact of AB 104 on BAS funding is not clear. At this time, primarily for fiscal reasons, staff is recommending that the Board approve a BAS summer session for 2017 alone, rather than committing to a summer session that is part of the regular BAS calendar.

POLICY/CODE:
AB 104; Ed Code 8500 et seq.

FISCAL IMPACT:
Up to $170,000 in existing adult education funds.

RECOMMENDATION:
Approve the 2017 Berkeley Adult School Six-Week Summer Session.



 
11.10. Reclassification Criteria for Grades Kindergarten, One and Two
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent
FROM:   Pasquale Scuderi, Assistant Superintendent, Educational Services
Patricia Saddler, Ed. D., Director, Programs and Special Projects
DATE:    November 16, 2016
SUBJECT:  Reclassification Criteria for Grades Kindergarten, One and Two

BACKGROUND INFORMATION:
Berkeley Unified School District recently participated in the Federal Program Monitoring process, which included a review of the District’s English Learner program.  The reviewers noted that the District needs to establish reclassification criteria for students in grades kindergarten, one and two identified as English learners. This is essential in order to comply with state and federal requirements. 

Staff is recommending the following reclassification criteria for students in grades K-2 who took the CELDT upon entry to our district and were not designated as Initial Fluent English Proficient (I-FEP):

  • have an overall score of Early Advanced or Advanced on the annual CELDT; and
  • score at grade level or above benchmark on the TCRWP Reading Assessment;  and
  • score at grade level or above benchmark on the TCRWP Writing Assessment. 

In addition, the student’s performance in school, as measured by recent report cards, will be reviewed and considered.  Once a student has been identified as a candidate for redesignation, the student’s parent or guardian will be consulted prior to the site’s recommendation for reclassification which must be approved by the classroom teacher, the EL teacher, and the principal.  Site recommendations along with all supporting documentation for the reclassification of K-2 students will be submitted to the Office of Programs and Special Projects for review and final approval since this is a new procedure for the District. 

The proposed criteria for reclassification in grades K-2 is aligned with the existing criteria for students in grades 3-5. The attached chart outlines the various criteria for reclassification in elementary school and allows the Board to see how the proposed criteria for grades K-2 aligns with the approved criteria for the upper grades.

 

 

Grade

 

Proficiency on Annual CELDT

REQUIRED

 

District Assessments

 

Required Assessment Score

 

Teacher Evaluation

Progress/Report Card Grades

 

Parent Notification

 

K

 

 

Overall proficiency on CELDT of level 4 (Early Adv.) or 5 (Adv.) with sub-scores of 4 (Early Adv.) or 5 (Adv.)

TCRWP

Grade Level benchmark

Overall Standards-Based report card score of 3 (Meets Std.) in Reading and Writing

REQUIRED

 

 

1

Overall proficiency on CELDT of level 4 (Early Adv.) or 5 (Adv.) with sub-scores of 4 (Early Adv.) or 5 (Adv.)

TCRWP

Grade Level benchmark

Overall Standards-Based report card score of 3 (Meets Std.) in Reading and Writing

REQUIRED

 

2

 

Overall proficiency on CELDT of level 4 (Early Adv.) or 5 (Adv.) with sub-scores of 4 (Early Adv.) or 5 (Adv.)

TCRWP

Grade Level benchmark

Overall Standards-Based report card score of 3 (Meets Std.) in Reading and Writing

REQUIRED

 

3

 

Overall proficiency on CELDT of level 4 (Early Adv.) or 5 (Adv.) with sub-scores of 4 (Early Adv.) or 5 (Adv.)

TCRWP

Grade Level benchmark

Overall Standards-Based report card score of 3 (Meets Std.) in Reading and Writing

REQUIRED

4

 

 

Overall proficiency on CELDT of level 4 (Early Adv.) or 5 (Adv.) with sub-scores of 4 (Early Adv.) or 5 (Adv.)

TCRWP

Grade Level benchmark

Overall Standards-Based report card score of 3 (Meets Std.) in Reading and Writing

REQUIRED

5

Overall proficiency on CELDT of level 4 (Early Adv.) or 5 (Adv.) with sub-scores of 4 (Early Adv.) or 5 (Adv.)

TCRWP

Grade Level benchmark

Overall Standards-Based report card score of 3 (Meets Std.) in Reading and Writing

REQUIRED



 



POLICY/CODE:
BP 6174 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the proposed Reclassification Criteria for Grades Kindergarten, One and Two. 





 
12. Action Items
12.1. Public Hearing, Approval of Developer Fee Justification Study, and Approval of Resolution #17-043 for Adoption of School Facilities Fees (PUBLIC HEARING: 8:00 PM)Was edited within 72 hours of the Meeting
Time Certain:
8:00 PM
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         November 16, 2016
SUBJECT: Approval of Developer Fee Justification Study and approval of Resolution #17-043 for Adoption of School Facilities Fees.

BACKGROUND INFORMATION:
The Berkeley Unified School District has a strong program to build and renovate its facilities to meet the challenges of educating our students.  Ongoing development in the city continues to impact the district’s facilities.  In order to meet these challenges, the Berkeley Unified School District Board of Education approved the preparation of the study development fee study to address impacts on the District’s facilities.  This study is attached and has been reviewed by staff for consideration by the Board. 

The District has not collected Developer Fees in the past. In order to approve and impose developer fees, the Board must hold a public hearing no earlier than ten (10) days following making the fee study available to the public for review.  The public hearing will be held on November 16, 2016. The developer fee justification study justifies fees in an amount higher that the current state-approved amount of $3.48 per square foot for residential.  However, the District is limited to imposing the state-approved developer fee rate. The fee study also justifies imposition of $0.56 per square foot for commercial/industrial space. 

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT: 
Potential additional funds available for facilities projects, total impact not known at this time. Fund 25, Developer Fee Fund. 

STAFF RECOMMENDATION:
Approve the “School Facility Fee Justification Report for Residential, Commercial and Industrial Development Project for the Berkeley Unified School District,” dated September 2016, and approve Resolution #17-043, Adoption of School Facilities Fees.


 
Attachments:
Developer Fees Study Analysis
Resolution 17-043
13. Discussion Items
13.1. Report on Measure E1 Election ResultsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:         Natasha Beery, Director of BSEP and Community Relations
DATE:          November 16, 2016
SUBJECT:    Report on Measure E1 Election Results

BACKGROUND INFORMATION:
As a response to school funding shortages in the wake of Proposition 13, the citizens of Berkeley created a special local tax measure, now known as the Berkeley Schools Excellence Program (BSEP). The funds provided by BSEP are integral to our schools; students benefit from small class sizes, school libraries, music programs, instructional technology, counseling, before and after-school classes, and many other essentials that could not be provided through state funding alone. 

As a qualified special tax measure, a two-thirds majority was required for passage. The first BSEP measure of 1986 was an eight-year measure that passed with 75.9% voter support; it was revised and renewed in 1994 as a twelve-year measure and obtained even higher support, at 83.6%. In 2004, a two-year “bridge measure” was necessary to address significant funding shortfalls; that measure passed with 72.2% approval, and in 2006, the voters approved a combination of the two prior taxes as Measure A, which earned 79.7% of the electorate. 

Measure A expires on June 30, 2017. A replacement, Measure E1, was placed on the ballot by resolution of the Berkeley Unified School District Board of Education on May 18, 2016 after a two year, intensive planning process which included public workshops, stakeholder and focus groups, voter polls, budget workgroups and educational priority papers.

Election Results
On Tuesday, November 8, 2016, Berkeley voters were asked to renew their commitment to a high quality public education by authorizing Measure E1, the Berkeley Schools Excellence Education Act of 2016. Berkeley voters resoundingly approved Measure E1, with 88.76% of votes cast (per unofficial results from the Alameda County Registrar of Voters as of 11/16/16). This was a larger percentage than for any other item on the local ballot, and a new record for the BSEP Measure.

This overwhelmingly high level of support for the Measure is probably due to a confluence of many positive factors, including the increasingly high level of approval for the quality of education in the Berkeley Public Schools, as seen in the voter polls; the deep and broad community engagement in the planning process for the new measure; the strong support, endorsement and involvement of every school PTA and the PTA Council, the Berkeley Federation of Teachers, the League of Women Voters and many individuals and community organizations; a well-run, grass roots outreach campaign, the continued vigilance and engagement of the BSEP Planning and Oversight Committee with a record of transparency and clean audits, and the solid foundation of community values in Berkeley which prioritizes access to a quality public education. 

Conclusion and Next Steps
Measure E1 of 2016 was structured to support the current purposes funded under Measure A with some changes to the term, rate, and structure that have been detailed in prior board documents. There is also some built-in flexibility to direct a percentage of funding for district-wide programs to where it is most needed and effective, as well as set aside a reasonable reserve to sustain programs through the term of the measure. 

The Planning and Oversight Committee had its first meeting of the year on November 1st and reviewed the calendar and timeline for the implementation of the new measure, and the Program Managers for each of the BSEP funded programs will meet on November 18 to discuss the planning and budget implications for transitioning from Measure A to Measure E1. The next two BSEP P&O Committees in December and January will be primarily taken up with the Annual Reports for the year 2015-16 and then on January 24th the committee will review the first interim report for the current year, and then focus on the transition to the new measure for the budget cycle for 2017-18 that begins in the spring.

The Planning and Oversight Committee Calendar is attached as Appendix A to provide an overview of the sequence of reports and plans during this transitional year. 

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

FISCAL IMPACT:
Revenue of over $28 million per year will be available to support the specified purposes of the measure, beginning in the 2017-18 fiscal year. The tax rate and revenues will adjust with an annual cost-of-living increase as calculated by the Bay Area Consumer Price Index (CPI) beginning with the second year of the eight-year measure.                        

STAFF RECOMMENDATION:
Receive and discuss the Report for Measure E1 Election Results.





 
Attachments:
BSEP Committee Calendar 2016-17
13.2. Report on the 2016 California Healthy Kids Survey Results
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
Susan Craig, Ed.D., Director, Student Services
DATE: November 16, 2016
SUBJECT: Report on the 2016 California Healthy Kids Survey Results

BACKGROUND INFORMATION:
The California Healthy Kids Survey (CHKS) is given every two years to BUSD students in grades 5, 7, 9, 11, and to students enrolled at Berkeley Technology Academy. CHKS provides information regarding alcohol, tobacco, and drug use, school and community protective factors (i.e. the presence of caring adults and their high expectations), school violence and safety, and the use of the school health center (for high school students). In addition to the Core Module, which is a required for CHKS, BUSD high school students are given a custom module related to health, medical care, and counseling services. Additionally, in 2016, BUSD middle and high school students participated in a new CHKS module, Closing the Achievement Gap, which includes questions related to fairness and respect for diversity, support for learning, and physical environment. CHKS data are used widely by many public agencies and are often a requirement for grant funding.

A participation rate of at least 60% is needed in order for the CHKS data to be reliable. Active (written) parental consent is required for 5th grade participation, and passive consent is used for all other grade levels. In 2016, the minimum required participation rate was exceeded in grades 7, 9, and 11. In grade 5, the participation rate was 59%, narrowly missing the required 60% minimum by 18 students (or slightly more than 1 student per school), due to missing results from one school that were likely lost in inter-district mail. The CHKS participation for Berkeley Technology Academy was very low at 37% and is not considered valid.

CHKS provides the District with information to guide decision-making regarding strategies to prevent, reduce, and delay the onset of high risk behaviors. BUSD high school students, in particular, have historically reported exceedingly high use rates for marijuana and alcohol.  The results of the 2016 CHKS survey are promising in several areas. Substance use for alcohol and marijuana has not increased, and some indicators, such as marijuana use by ninth graders, show a decline in use. The 2016 CHKS data strongly suggest that the prevention and intervention efforts that have been implemented at BUSD schools within the past five years have been effective in both reducing alcohol and marijuana use by students. However, CHKS data for tobacco use, which began including electronic cigarettes in 2014, shows an ongoing troubling trend in this area. School violence and school safety indicators have shown some improvements, including a reduction in fighting and weapons at school.  However, there are some areas of ongoing concern in the areas of bullying/harassment and behavioral/emotional health.

POLICY/CODE:
Board Policy 5030.1, 5030.2, 5030.3, 5131.2, 5131.6, 5131.7, 5145.7

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the Report on the 2016 California Healthy Kids Survey Results for information.


 
Attachments:
CHKS 2016 Report
13.3. Approval of Measure I Bond Reallocation Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         November 16, 2016
SUBJECT: Approval of Measure I Bond Reallocation Plan

BACKGROUND INFORMATION: 
The Berkeley Unified School District Measure I Bond Program has been ongoing since 2010.  There are a large number of remaining projects which have not been initiated, and it is important at this time to consider modifications to the program plan, as the needs of the District have evolved and require a re-allocation of the bond funds to ensure that the funds are spent more efficiently and in line with the District’s goals and the voters’ intent.  This new plan will provide the District with the ability to reenergize our academic learning spaces with much needed improvements to our student support facilities, classrooms and teaching space improvements that support current, new and evolving 21st Century Learning.

Staff has prepared a presentation for review by the Board that includes background for this item, including discussion of the criteria that staff has used to develop a plan for re-allocation, such as:  consolidation of smaller projects, support of educational program needs, support of current levels of student capacity, and finishing incomplete or un-modernized buildings.

The largest reallocation project is for the complete renovation of the Berkeley High School Theaters Building A, which will allow for a comprehensive renovation to a large, well-used space that has a great deal of exciting potential and is sorely in need of substantial renovation.

Another major proposed project includes Cafeteria, Multi-Purpose, Kitchen and Serving Area renovations and reconfigurations at multiple elementary sites to support current enrollment levels. 

The proposed plan will also facilitate the eventual balancing of elementary enrollment among the zones by creating capacity for a site at West Campus.  The West Campus project may likely first serve as a critical “swing space” for both Berkeley High School Theater construction and the Oxford Elementary
modernization/construction projects.  It can provide emergency flexibility that is currently lacking in the District should the District see an unexpected spike in enrollment.  Staff considered options for additional elementary capacity in the South Zone but has not included those options in the proposed plan at this time. The proposed reallocation leaves the Measure I fund with an unallocated budget of $5,000,000 as a reserve that can be used either for unforeseen contingencies (above the contingencies funds built into each project) or additional projects as needed upon further review.

The project reallocation maintains the District’s deep commitment to Career Technical Education projects, reconstruction of Maintenance & Operations facility at Russell/Oregon St., and includes a prudent reserve.

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT: 
Reallocates remaining projects Measure I Bond funds totaling $112,632,300.

STAFF RECOMMENDATION: 
Accept the Reallocation of Measure I Bond Funds proposal for discussion and approve at the December 7, 2016 Board Meeting Reallocation Recommended Option.

 
Attachments:
Reallocation Recommended Option
14. Information Items
14.1. Report on Additional Indicators of Progress
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:       Debbi D’Angelo, Director, Evaluation and Assessment
DATE:        November 16, 2016
SUBJECT:  Report on Additional Indicators of Progress

BACKGROUND INFORMATION:
In 2010-11, staff identified a number of District Indicators to monitor the District’s progress toward achieving its goals and closing the achievement gap. This fall the Board received the detailed Local Control Accountability Plan LCAP Evaluation Goals 1-3 which included a 5-year look at Suspensions and Chronic Absenteeism by Race and Gender.  The attached report provides a more detailed look at Suspension and other indicators that enable the Board and the public to measure the progress to reduce African-American disproportionality (as compared to those students who are White) over a three-year span. The indicators include

  • Enrollment Trends for Teachers and Students
  • Special Education Enrollment
  • Suspensions Overall and by Offense

To better inform the sites, the Berkeley Research, Evaluation and Assessment (BREA) Department is preparing an analysis of each site’s Indicators of Progress. The BREA staff works with the Principals to support each site’s progress in addressing the specific needs of its students.

POLICY CODE:
Education Code Section 52853(a)(4), 60600

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the Report on Additional Indicators of Progress for information.

 
Attachments:
2016-17 3-Year Other Indicators of Progress
14.2. Local Control Accountability Plan (LCAP) Implementation Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Education Services
Patricia Saddler, Ed.D., Director, Educational Services
DATE:         November 16, 2016
SUBJECT:   Local Control Accountability Plan Implementation Update

BACKGROUND INFORMATION:
Board Policy 0460 requires that the Superintendent or designee shall ensure proper implementation of the Local Control Accountability Plan.  The policy requires a written report to the Board that provides an update on the implementation of the actions and services in the LCAP.  Staff has developed an implementation-monitoring tool, which will be used to inform the Board and Stakeholders throughout the 2016-17 school year. 

POLICY/CODE:
BP 0460

FISCAL IMPACT:
N/A



 
Attachments:
LCAP Update for Nov. 2016
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: November 10, 2016, 3:25 PM

The resubmit was successful.