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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 7, 2016
SUBJECT: Regular Board Meeting Calendar for 2017

BACKGROUND INFORMATION:
The proposed regular Board meeting calendar for 2017 includes 21 regular meetings and two Board study sessions. The meeting dates have been determined with the consideration of major religious holidays as well as major school events and breaks. 

POLICY/CODE:
BB 9100 / Ed Code 35143

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Approve the regular Board meeting calendar for 2017.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 7, 2016
SUBJECT: Committee and School Assignments for 2017

BACKGROUND INFORMATION: 
Board participation on the various committees, workgroups and schools serves to create and maintain a collaborative relationship between the District and the community while supporting Board policies and mutual objectives. 

Proposed school and committee assignments for 2017 are attached. 

POLICY CODE: 
BB 9100 / Ed Code 35143

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the proposed committee and school assignments for 2017.

3.1-Conference with Legal Counsel—Existing Litigation (Government Code 54956.9(a)) (20 min)
3.2-Conference with Real Property Negotiatiors (Government Code Section 54956.8)
    3.2.1 District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update (20 min)
3.3-Collective Bargaining (Government Code Section 54957.6): Lead Negotiator Legal Counsel Joshua Stevens/District Representative Javetta Cleveland—BCCE (20 min)
3.4-Superintendent’s Evaluation (Government Code Section 54957) (10 min)

5.1-Swearing in of Board Directors by City Clerk
5.2-Appointment of Chair, Vice Chair, Secretary and Clerk
5.3-Approval of Proposed Board Meeting Calendar for 2017
5.4-Approval of Proposed Committee and School Assignments for 2017

12.1 Approval of Human Resources Reports
12.2 Acceptance of Gifts and Donations
12.3 Approval of Contracts/Purchase Orders for Services Contracts
12.4 Approval of Agents and Authorized Signers for Signature Card and Official Documents and Reports for the Berkeley Unified School District
12.5 Ratification of MOU with Alameda County Behavioral Health Care Services for the 2016-17 School Year
12.6 Approval of Master Contract for Nonpublic Residential Facility Services for the 2016-17 School Year
12.7 Approval of Master Contracts for Nonpublic School Services for the 2016-17 School Year
12.8 Approval of Extension of Existing Dual Enrollment MOU Between BCC and Peralta CCD
12.9 Approval of Out-of-State Travel Requests
12.10 Approval to Contract with School Facility Consultants for State Funding Eligibility Updates and Funding Application Assistance
12.11 Award of Contract for Historic Building Study of Berkeley High School Theater Building A
12.12 Accept the Completion of the Malcolm X Interim Housing Project
12.13 Approval of Architect Contract for Scoping Study for Renovation and Modernization of West Campus Spaces
12.14 Acceptance of the Willard C Building Heating Controls Project
12.15 Approve an Increase to a Contract with WLC Architects for the Malcolm X Building Exterior Rehabilitation Project
12.16 Approve an Increase to the Project Budget for the Longfellow Café Project

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:   Donald Evans, Ed.D., Superintendent
FROM:   Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:             December 7, 2016
SUBJECT:  Approval of Human Resources Reports

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Donald Evans, Ed.D., Superintendent
FROM:            Javetta Cleveland, Deputy Superintendent
DATE:             December 7, 2016 
SUBJECT:    Acceptance of Gifts/Donations

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

1. Pam Doolan donated a pool table and accessories valued at $1,000 for Martin Luther King Middle School. 
2. Adobe donated $66 to be utilized as needed for Malcolm X School.
3. Schoola donated $32.09 to be utilized as needed for Malcolm X School.
4. Dorian donated $540.81 to be utilized as needed for Malcolm X School
5. Booster LLC donated $1,232.82 to be utilized as needed for Malcolm X School.
6. Pacific Gas & Electric donated $344.52 to be utilized as needed for Malcolm X School.
7. John Muir PTA donated $7,000 to partially fund dance classes for kindergarten and third grade students for John Muir School.
8. AT&T donated $40 through YourCause Corporate Employee Giving Programs to be utilized as needed for Thousand Oaks School.
9. Berkeley Public Schools Funds donated $1,916.31 enabling two teachers to attend FOSS training for Willard School.
10. Berkeley Rotary Endowment donated $2,000 to purchase Mock Newbery books for fourth and fifth grade students for all BUSD elementary schools.

 BOARD POLICY:
 BP 3290 

 FISCAL IMPACT:
 The District received a total $14,172.55 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:        Javetta Cleveland, Deputy Superintendent
DATE:         December 7, 2016
SUBJECT:  Approval of Contracts/Purchase Orders for Services Contracts 

BACKGROUND INFORMATION:
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget.

1. Infocus Video, to provide and install security camera systems at Longfellow Café for the 2016-17SY. The cost will not exceed $26,000. To be paid from Measure I. Requested by Timothy White.
2. Davis Demographics and Planning, to provide a demographic study for Facilities Department for the 2016-17SY. The cost will not exceed $20,000. To be paid from Measure I. Requested by Timothy White.
3. Hearing Conservation Associates, to provide hearing screening services to BUSD students for the period from 7/1/16-6/30/17. The cost will not exceed $18,162. To be paid from General Fund. Requested by Lisa Graham.
4. Hatchuel Tabernik and Associates, to provide evaluation resources and reporting per AWARE-C guidelines and timelines for the period from 9/1/16-6/30/17. The cost will not exceed $12,400. To be paid from Project Aware Grant. Requested by Susan Craig.
5. Lifelong Medical Care/The Rosa Parks Collaborative, to provide family resource center services for Rosa Parks for the period from 11/5/16-4/1/17. The cost will not exceed $20,468.25. To be paid from LCAP Supplemental Fund. Requested by Patricia Saddler.
6. Casey Printing to provide Fall and Spring Brochures to Berkeley Adult School for the 2016-2017SY. The cost will not exceed $24,826.03. To be paid from Adult Education Fund. Requested by Thomas Reid.
7. BASIC to provide third party billing and reimbursement services for COBRA, Flex/P&T and Retiree HRA from 1/1/17 -12/31/17. The cost will not exceed $28,699. To be paid from General Fund. Requested by Kimberle Sanders.       
8. Increase in contract amount, PO 170021, to One Source Engineering to provide additional boiler services for the Maintenance Department for the 2016-17SY. The board approved $110,000 on 11/2/16. The additional amount will increase the cost by $20,000 for a total amount of $130,000. To be paid from Measure H. Requested by Steve Collins.
9. Ratification of contract to R.I.S.E., to provide academic assistance for Berkeley High School students and their families for the period from 7/1/16-6/30/17. The cost will not exceed $10,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
10. Ratification of contract to Downtown Berkeley, to provide annual (PBID) Property Based Improvement District assessment. The cost will not exceed $23,083.52. To be paid from General Fund. Requested by Pauline Follansbee.

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:         December 7, 2016
SUBJECT:  Agents and Authorized Signers for Signature Card and Official Documents and Reports for  the Berkeley Unified School District

BACKGROUND INFORMATION:
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and signatures of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools. 

Staff is submitting Resolution 17-0047-Authorized Agents and Authorized Signers for BUSD and Resolution 17-048-Authorized Agents for Official Documents and Reports for approval to be submitted to the Alameda County Office of Education as require.     

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolutions 17-047 and 17-048 by unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Lisa Graham, Director of Special Education
DATE:         December 7, 2016
SUBJECT:  Ratification of MOU with Alameda County Behavioral Health Care Services for 2016-17 School Year 

BACKGROUND INFORMATION:
The District contracts with Alameda County Behavioral Health Care Services (ACBHC) for In-State Mental Health Services for seventy-three BUSD students for the 2016-2017 School Year (SY).  The Board approved a contract amount of $738,153 for the 2014-2015 SY. The Board approved $669,793.00 for the 2015-2016 School Year (SY). We are asking for Ratification of Contract for 2016-2017 SY in the amount of $670,000.00.

POLICY/CODE:
Education Code 39800 

FISCAL IMPACT:
Alameda County instituted a variable increase in CPU (Cost Per Unit) fees for services to BUSD students.  This increase ranges from $ .20 to $ 2.46 per unit of service. 

STAFF RECOMMENDATION:
Ratify Contract to Alameda County Behavioral Health Care Services for FY 2016-2017 services $670,000.00.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           December 7, 2016
SUBJECT:      Approval of Master Contract for Nonpublic Residential Facility Services for the 2016-17 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary, to provide an appropriate placement or select special education services if no appropriate public education program is available in BUSD.  For students requiring residential treatment in a facility within or outside of California, the costs include tuition for educational services, room and board, as well as mental health counseling and transportation. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Residential facilities and schools must be approved by the California Department of Education even when they are located out-of-state.  Services are provided pursuant to California Education Code Section 56365. Students enrolled in nonpublic residential 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 $124,629.44 funded from the Special Education Budget. 

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic Residential Facility listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO;               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           December 7, 2016
SUBJECT:     Approval of Master Contracts for Nonpublic Schools

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary, to provide an appropriate placement and/or special education services if no appropriate public education program is available in BUSD.  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 $268,527.50 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    Donald Evans, Ed.D Superintendent         
FROM:  Wyn Skeels, CTE Program Supervisor
DATE:   December 7, 2016    
SUBJECT: Extension of BUSD – Peralta Community College District MOU for Dual Enrollment 

BACKGROUND INFORMATION: 
BUSD and Peralta Community College District (PCCD) MOU for Dual Enrollment approved last year expires on 12/31/2016. We are requesting an extension of this MOU through 06/30/2017.  This agreement outlines the processes, procedures, and responsibilities FOR HIGH SCHOOL SPECIAL ADMIT CLASSES BETWEEN THE PERALTA COMMUNITY COLLEGE DISTRICT AND THE BERKELEY UNIFIED SCHOOL DISTRICT. 

Given that recent research has shown that earning college credit while still in high school increases the chances that students will go on to college and earn a college degree, PCCD and School District desire to collaborate and provide college credit courses (“Courses”) to high school students within School District’s geographic boundaries to provide pathways from high school to college that increase student persistence and completion rates at both institutions;

STAFF RECOMMENDATION:
Extend the Existing Dual Enrollment MOU through June 30, 2017. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         December 7, 2016
SUBJECT:  Out-of-State Travel Requests

BACKGROUND INFORMATION:
The following out of state travel requests are being requested:

ALA Atlanta Midwinter Conference, Atlanta, GA, Jan. 20-23, 2017

Approval for Becca Todd, District Library Coordinator, and Mary Ann Scheuer, Teacher Librarian to attend this four-day, three-night conference in Atlanta, GA. The ALA Midwinter Conference will help make your library more effective, save money, and serve your users better when you implement the innovative ideas, strategies, and techniques that are taught. With a focus on engagement, dialogue, and innovation around transforming libraries, the content of ALA conferences and meetings will help your libraries track trends and keep up with this rapidly changing field. You’ll get ideas and tips from hundreds of programs, discussion groups, updates, networking events, and speakers. Requested by: Maggie Riddle, Director K-8 Schools.  

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent 
FROM: Timothy White, Executive Director of Facilities 
DATE: December 7, 2016 
SUBJECT: Approval of Contract with School Facility Consultants for State Funding Eligibility Updates and Funding Application Assistance.


BACKGROUND INFORMATION:
The Facilities Division continues to seek all available funding resources to leverage our local bond funding resources as we complete the Measure I Bond Facilities Program.  

Proposition 51, the State School Facilities Bond, passed with a strong majority on November 8th.  There are potential state funding opportunities for the District with these new resources available.  In order to maximize our opportunities for funding the District needs to update its Modernization and New Construction Eligibility under the state program.  After the District’s eligibility is updated we will need to submit funding applications for eligible projects, including Modernization projects which may have already been completed.  

The State School Facilities Bond also included funds for Career Technical Education (“CTE”) projects.  The District has several CTE projects in the design phase and has an opportunity to submit applications for state funding in upcoming competitive grant rounds.  

The proposed contract with School Facility Consultants includes support for eligibility updates, funding applications, and assistance with special funding program opportunities.  

POLICY/CODE:
Board Policy 3310

FISCAL IMPACT:
Up to $75,000 for a one-year contract on a time and materials basis from Measure I, General Obligation Bond.


STAFF RECOMMENDATION:
It is recommended that the Board approve a contract with School Facility Consultants for State Funding Eligibility Updates and Funding Application Assistance.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         December 7, 2016
SUBJECT: Approval of Contract with Interactive Resources for Historic Building Consultation Services for Berkeley High School Building A Classrooms, Community Theater, and Little Theater

BACKGROUND INFORMATION: 
The Facilities Division has begun the conceptual design process for renovations to the Berkeley High School Building A Classrooms, Community Theater and Little Theater.  The Board previously approved initial Architectural Services and the process of defining the work is well underway.  The Architects are actively engaged in programming with site staff and in a comprehensive evaluation of building systems, structural elements, accessibility, and potential theater uses.   One important component of any proposed work on the building complex is an historic building evaluation.  The building is a City Landmark, and is a contributor to two National Register Historic Districts—the Berkeley Historic Civic Center District and the Berkeley High School Campus Historic District. The proposed contract with Interactive Resources includes historic building analysis, archival resources review and preparation of an Historic Resource Technical Report.  The report will include an Historic Structures Report identifying character-defining features of the building’s exterior and interior, prioritizing the significance of the historic features, and making recommendations regarding proposed work respecting the historic significance of the building’s components to ensure compliance with the Secretary of the Interior’s Standards. 

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT:
$19,960 for this contract.

STAFF RECOMMENDATION:
approve a contract with Interactive Resources for Historic Building Consulting Service at the Berkeley High School Building A Classrooms, Community Theater, and Little Theater.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         December 7, 2016
SUBJECT:  Accept the Completion of the Malcolm X Interim Housing Project

BACKGROUND INFORMATION:
On May 18, 2016, the Board awarded a contract to Dan Electric for $787,000.00 to perform the Malcolm X Interim Housing Project. The project is 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 I bond.  Malcolm X Interim Housing Project had change orders of $39,366.85 or 4.78% 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 White, Director of Facilities
DATE:         December 7, 2016
SUBJECT: Approval of Architect Contract for Scoping Study for Renovation and Modernization of West Campus Spaces

BACKGROUND INFORMATION:
The Renovation and Modernization of West Campus is being considered as an important element of creating a space for Transitional Housing for a number of upcoming projects, including Berkeley High School Theater Building A and Oxford Modernization.  In addition, the Board is considering long term utilization of portions of West Campus as an Elementary School.  The proposed scope of this project would be to upgrade and modernize currently unused spaces including the central Girls’ Gym, Locker Room and Auditorium buildings. 

Facilities staff is requesting approval of a contract with Cody Anderson Wasney to complete a Scoping Study for the project.  This will include analysis of systems deficiencies, finishes upgrade needs, classroom upgrade requirements and site playground enhancement options.  The study will include Site Committee input and District Facilities staff input.  Deliverables will include project priority recommendations and cost estimates for identified priority work.

POLICY/CODE:
Government Code 4525.

FISCAL IMPACT:
Contract award by this action: 149,400.  To be Paid from Measure I, General Obligation Bond.


STAFF RECOMMENDATION:
Approve contract with Cody Anderson Wasney Architects for Scoping Study for Renovation and Modernization of West Campus spaces.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         December 7, 2016
SUBJECT:  Accept the Completion of the Willard C Building Heat Controls Project

BACKGROUND INFORMATION:
On May 18, 2016, the Board awarded a contract to Johnson Controls Inc for $321,463 to perform the Willard C Building Heat Controls Project. The project is 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 jointly through the Measure I bond and Measure H parcel tax.  Willard C Building Heat Controls Project had change orders of $12,890.58 or 4.0% 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 White, Director of Facilities          
DATE:         December 7, 2016
SUBJECT:  Approve an Increase to a Contract with WLC Architects for the Malcolm X Building Exterior Rehabilitation Project

BACKGROUND INFORMATION:
On April 23, 2014, the Board approved WLC Architects to design the replacement of the stucco, windows and exterior paint at Malcolm X and the Longfellow exterior painting for $190,000. The project was bid on March 5, 2015 and was over budget.  The Board rejected all bids on March 25, 2016.  The Longfellow Exterior Paint portion of the project was re-bid and subsequently awarded and performed over the summer 2015.

On March 9, 2016 the Board approved increasing the WLC contract $94,129 to provide design services for the Malcolm X Interim Housing project.  On May 18, 2016 the Board approved increasing the WLC contract $107,000 to provide additional design services for the Malcolm X Building Exterior Rehabilitation Project and DSA close-out of legacy projects.

On November 2, 2016 the Board approved Futility Resolution 17-041 authorizing change order work exceeding 10% of the original construction contract.  The added construction requires additional design services by WLC of $53,137.

The project budget needs to be increased for the added services approved on May 18, 2016 of $107,000 and this added service of $53,137.

POLICY/CODE:
Board Policy 3310. 

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

STAFF RECOMMENDATION:
Approve WLC Architects for design services for an increased authority of $53,137 and increase the project budget $160,137 for the Malcolm X Building Exterior Rehabilitation Project.

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities         
DATE:         December 7, 2016
SUBJECT:  Approve an Increase to the Project Budget for the Longfellow Cafe Project

BACKGROUND INFORMATION:
The Longfellow Cafe project completion has been delayed approximately 10 months.  This has resulted in additional costs for inspection and construction management services.

On December 10, 2014, the Board approved a contract with ITS Enterprises to provide IOR inspections for the Longfellow Cafe project for $85,000.  On April 20, 2016 the Board approved an increase of $40,320 and on September 21, 2016 the Board approved a $15,000 increase.  Due to the further delayed completion of the project, there needs to be an additional increase in authority for IOR inspection services of $20,000. This requires an increase in project budget of $75,320. 

On August 20, 2014 the Board approved Van Pelt Construction Services to perform construction management services for $129,000.  The added 10 months of project duration requires added services and project budget increase of $95,000.

The District is also requesting an additional amount just under $40,000 to purchase additional equipment to operate the facility.

Staff is recommending that we increase the project budget $210,000 and that we pursue the contractor for reimbursement for services related to the delay of project.

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

STAFF RECOMMENDATION: 
Approve an increase in the Longfellow Cafe project budget for $210,000.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Board of Education
FROM:       Policy Subcommittee (Director Daniels, Chair and Vice-President Alper)
DATE:             December 7, 2016
SUBJECT:     Policy to Protect Undocumented Students

A proposed policy to protect undocumented students was publicly posted for review on November 15, 2016, and we considered and discussed it at our November 18, 2016 public meeting.  Engaged members of the community, including parents, teachers, and District employees, attended the meeting and provided valuable feedback on the policy.  We also received feedback from immigration experts at local non-profit legal and student advocacy organizations, and we carefully reviewed similar policies that have been approved by the San Francisco Unified School District and the Los Angeles Unified School District.  Finally, we vetted the proposed policy with our own legal counsel.  The revised policy, informed by this feedback and research, is attached for the Board’s review.

We believe it is urgent that our employees have clear guidance about their obligations, and we propose that the Board approve this Policy tonight, without awaiting a second reading of the policy.  Under Board Policy 9310, the Board can waive a second reading of a policy upon a 2/3 vote of the Board, which for a 5-member Board requires a super-majority of four Board members.           

            This Policy is only one component of the District’s response to the threat to our students that the President-Elect poses.  It provides clear guidance to our employees, which is critical.  But it does not in and of itself make resources available to families in need, nor does it express the broad and foundational principles that are important to reaffirm in moments like these.  (For example, we understand that the Superintendent intends to work with District staff and members of the community to develop a Resolution for the Board’s consideration at its January 11, 2017 meeting that affirms the District’s values and principles in support of the safety and wellbeing of all of our students.)

POLICY/CODE:
N/A

FISCAL IMPACT:
N/A

RECOMMENDATION:
Adopt policy to protect undocumented students. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed.D., Superintendent
FROM:           Javetta Cleveland, Deputy Superintendent
DATE:            December 7, 2016
SUBJECT:    Approval of First Interim Budget Report for the Period Ending October 31, 2016 

BACKGROUND INFORMATION:
Staff has prepared the First Interim report in compliance with Education Code EC 42131 (a)(1) requirements and AB1200. The First Interim Report covers the reporting period ending October 31, 2016. The report is required to be approved by the governing Board no later than 45 days after the close of the reporting date to determine whether or not the District is able to meet its financial obligations. The following certifications may be assigned:

• Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified:assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative:assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the First Interim Report, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The First Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of First Interim Report
5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
6. Form 11I–67I for all other district funds
7. Form AI – Average Daily Attendance
8. General fund Multi-year projection using the MYP software (under separate cover)
9. Criteria and Standards

This First Interim Report along with the Multi-Year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the First Interim Report to the County with a positive certification.

POLICY/CODE:
Education Code Section 42100 – 42134 et seq.

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the First Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent
FROM:          Timothy White, Executive Director of Facilities
DATE:           December 7, 2016
SUBJECT:    Discussion of Developer Fees Justification Study 

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 planned for a Board meeting in January. 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. 

The following table shows several local districts and their developer mitigation fee position:

As a next step the district will reach out to the developer community and engage with the City Manager in a process to help inform and understand implications among all appropriate stakeholders. It is anticipated that this item will return for a formal vote in January 2017.

POLICY/CODE:
N/A

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

STAFF RECOMMENDATION:
Discuss the “School Facility Fee Justification Report for Residential, Commercial and Industrial Development Project for the Berkeley Unified School District,” dated September 2016, and return to board in January for approval of Resolution #17-043, Adoption of School Facilities Fees.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM:   Donald Evans, Ed.D., Superintendent
DATE: December 7, 2016
SUBJECT: Board Meeting Norms

BACKGROUND INFORMATION: 
We want to take the opportunity at this organizational meeting to recommit ourselves to our governance standards and meeting norms.  Attached are our current meeting norms as well as a copy of Board Bylaw 9005, which memorializes the Board's governance standards.  BB 9005 was recently revised, in June 2015.

Please review the attached documents, and we will discuss them at this organizational meeting.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Berkeley Board of Education
FROM:        Pasquale Scuderi, Assistant Superintendent Educational Services
DATE:        December 7, 2016
SUBJECT:  2016-17 Student Assignment Plan Report

BACKGROUND INFORMATION:
On February of 2004, the Berkeley Board of Education adopted a revised student assignment plan governing elementary school assignments after years of staff and community work.  The revision of the student assignment plan expanded the definition of student diversity by including parent income and education levels as factors of student diversity in addition to ethnicity.  

The revised student assignment plan maps the school district into three distinct composite diversity categories, taking into account parent education, parent income and historic student ethnicity.  The parent education and parent income diversity factors were developed from data available from the 2010 U.S. Census.  The race and ethnicity factor was developed from multi-year data drawn from the K-5 student population in B.U.S.D.  With the use of this geographical map, the student assignment system no longer relies upon the actual personal characteristics of individual students.  Rather, each student is classified according to a composite of attributed diversity characteristics derived from the planning area in which the student resides.  Diversity category one roughly covers West Berkeley; diversity category two encompasses Central Berkeley; diversity category three includes most of East Berkeley. 

The Board of Education set the goal that each elementary school’s student population should reflect the diversity of the student population attending all elementary schools within that attendance zone.  The goal of the student assignment plan is to achieve socio-economic and racial diversity within a target range of ± 10% of the zone average.  The goal of the student assignment plan for elementary school diversity has been met.

The student assignment plan only targets the elementary schools, so the middle school students are not assigned to schools using the composite diversity map.  However, this report includes middle school socio-economic diversity outcomes as measured by the three socio-economic diversity categories.  The District continues to use a zone system for middle school assignments, so the ethnic composition of the student populations at both King and Willard is largely a product of the student demographics within the school’s zone.  Longfellow functions as a magnet school available to all middle school students, but students must choose to be assigned to Longfellow.

Berkeley High School (BHS) has also used a student assignment system or lottery since 2004, based on the same diversity factors described above. Choosing from two smaller learning communities from within the Comprehensive High School and three small school options, students rank and submit their program preferences after considering each option relative to their own interests and needs. Collectively, the programs are broad in range and deep in mission, offering something for everyone.  A random lottery held each spring, following diversity guidelines set by the Berkeley Unified School District, determines school assignment. 

An additional way to ensure that each small school and smaller learning communities have an equitable distribution of students is to include English Language Learner and Special Education students in each lottery held. Thus, the student bodies of each of the four small schools, Academic Choice, and Berkeley International High School will include on average about 5% who are English Language Learners and about 8% who are Special Education students.  Students who are not included in the lottery data are some students with profound learning disabilities, as well as students in intensive English Language classes. 

Although much work has been done at Berkeley High to diversify the student population in the small schools, more work remains.  Presently, the staff at Berkeley High is working to provide a more targeted outreach to under-represented populations in various programs. Additionally, BHS staff has developed proposals for possible changes to the program structure at BHS that will, among other benefits, support the sustainability of diverse enrollment across the school's various programs. Those proposals are being refined at present with the wider BHS staff and with the Assistant Superintendent of Educational Services and will be brought to the Board for consideration this February.

To achieve the student desegregation and integration goal, students assigned to any of the small schools or programs must stay in the assigned school or program for at least one year. Students may request another academic program option for the following year when they sign up for classes in the spring, but their ability to move to another program is dependent on the spaces available by diversity category.

The student assignment plan goals have been met at the elementary school level.  The results of the student assignment plan have been compiled and are attached to this report.  One set of data details the socio-economic diversity outcome, and for comparison, the other one presents the ethnic composition at each school, elementary, middle and Berkeley High School. 

Another goal of the elementary student assignment plan is to maximize the number of students who received their choice of school, within the student diversity goals.  During the 2016-2017 school-year, about 72% of students received their first choice of school, 15% received their second choice, 12% received their third choice, and the remaining received fourth choice. 

POLICY/CODE:
BP 5116.0
Education Code 35160, 35160.1, 35160.5, 35291, 35350, 35351

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the student assignment plan results for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:           Timothy White, Executive Director of Facilities
DATE:          December 7, 2016
SUBJECT:    Measure H Financial Update 

SUMMARY AND DISCUSSION:
This report is an update of the Maintenance Yearly Plan and H expenditures from July 1, 2016 through October 31, 2016.  This document summarizes Measure H expenditures.  This report does not separate encumbered (obligated) expenses from other planned expenses.  This report is not intended to be a comprehensive look at the activities in this fund; that more comprehensive look occurs annually.  The first chart details the actual recorded expenses as of October 31, 2016 and the current projected expenses for the remainder of the Fiscal Year.   All expenses are consistent with previous reports and are based upon State defined object codes.  As such, there are some expenses which may need to be clarified in the future, as the contract line includes not just contracts, but interfund charges as well.     

 TYPE OF EXPENSE    EXPENDED       PROJECTED        FY2017 EXPENSE

Sal/Ben                        $ 1,330,263          $ 2,597,737                   $3,928,000

Supplies                             204,000                266,000                        470,000  

Contracts                           266,000                794,000                      1,060,000

Initiatives                           140,000                260,000                         400,000

Equipment                             7,000                  48,000                           55,000

Indirect/Direct Cost                      0                 404,000                         404,000                        

TOTAL                        $ 1,947,000            $4,289.737                    $6,317,000

The next chart compares the projected expenditure recommendations in the 2017 Annual Plan with current projected expenses.

TYPE OF EXPENSE     BOARD PLAN      FY2017 CURRENT         VARIANCE

                                                            PROJECTED EXPENSE

Sal/Ben                        $3,978,000                    $3,928,000               $(50,000)

Supplies                            470,000                         470,000                           0        

Contracts                        1,060,000                      1,060,000                           0

Initiatives                           320,000                         400,000                  80,000

Equipment                           55,000                           55,000                           0

Indirect/Direct Costs          404,000                         404,000                           0         

TOTAL                          $6,287,000                    $6,317,000                $30,000                 

MODIFICATIONS

EXPENDITURES

SALARIES AND BENEFITS

The projected expenditures for salaries, benefits and overtime is $50,000 less than the Annual Plan.  We currently have three full vacancies that have been vacant for most of the year and may take another month or so to fill. 

The salary and benefits budget includes costs for the following list of permanent staff positions.  Please note that we list some jobs by functional area; we feel this provides the information in a more meaningful way.

POSITION CURRENTLY FILLED

• One Maintenance Manager and a portion of the Operations Manager and the BHS Facilities Manager
• One supervisor
• Two Lead Trades Workers
• One Security Engineer
• Eleven Trades personnel (one position assigned to BHS)
• Three Maintenance Technicians
• Two General Maintenance Workers
• Three Lead Gardeners
• Eight Gardeners (one position assigned to BHS)
• 2.15 FTE Administrative Coordinators
• One FTE Security Worker (two positions of 0.5 FTE each)
• Fifteen Custodian II’s (5% of each salary)
• Three 0.15 FTE Vehicle Mechanics
• 0.4 Network Engineer
• 1.0 Phone Technician

  VACANT POSITIONS

• One Maintenance Supervisor
• One Maintenance Technician; and
• One Lead Trades Worker.

SUPPLIES
The projected expenses for supplies are the same as the projections in the 2017 Annual Plan. 

CONTRACTED SERVICES
The planned expenditures for contracted services are the same as the annual plan.  

CONTRACTED SERVICES (One time)
The planned expenditures for contracted services (one time) are $80,000 higher than in the annual plan. This is almost completely due to unexpected flooring replacement that came up in the summer. 

EQUIPMENT
The projected expenditures for maintenance equipment purchases are the same as the annual plan. 

INDIRECT/DIRECT COSTS
The indirect/direct costs are projected to be the same as planned.   

TOTAL EXPENDITURES

The changes detailed currently result in a $30,000 increase of projected expenses compared to the projection in the 2016-2017 Annual Plan. 

TOTAL INCOME

The 2016-2017 Annual Plan income projection for Measure H is $5,958,904.         

INCOME OVER EXPENDITURES

TOTAL INCOME
The projected income from Measure H is the same as initially budgeted.  

TOTAL EXPENDITURES
The total projected expenditures have increased by $30,000.  

TOTAL INCOME OVER EXPENDITURE

The 2016 ending fund balance is $1,016,000, which is $44,595 more than projected.  The projected income received from Measure H for this Fiscal Year is $5,958,904.

The projected expenditures for the 2017 year are $6,317,000.  The projected fund balance for Measure H as of June 30, 2017 is $647,528. 

POLICY/CODE:
None.

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Receive Financial Update on Measure H.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities 
DATE:        December 7, 2016
SUBJECT:  Measure H First Quarter FY 2017 Report

SUMMARY AND DISCUSSION
This report is an update of the Maintenance Department for the first quarter of the 2017 Fiscal Year.  The reporting period covers July 1, 2016 through September 30, 2016.  The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved Plans as we make progress on those goals. 

COMMUNICATION/REPORTING
The Committee did not meet during this period. 

MAINTENANCE
Maintenance staff had a very productive summer wherein we completed several hundred maintenance tasks including two room renovations. In addition, our contractor replaced the heating controls at the Willard C Building. In late September, the evening shift returned to its school year plan of visiting schools as a group. 

The fire inspector visited two sites during this period. Both sites had deficiencies. We have addressed most of the issues and continue to work on some.  We expect to be 100% complete by mid-December.

The State elevator inspection department conducted two inspections during this period in which there were infractions. The issues were addressed and we received notices of compliance.

TRAINING
Other than our monthly safety trainings, there were no trainings during this period.

GROUNDS   
In summer, our crew performed a major maintenance on most of our fields. We also focused on special projects such as weeding and mulching.  

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

STAFFING

Total                                                        41.64 FTE

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

BUDGET
The Measure H 1^st Interim Report for FY 2017 will be presented to the Committee and the Board on December 7. 

CUSTODIAL
We have hired the new Facilities After Hours Supervisor. He has been working out very well and the position has been well received. We currently have four vacancies.

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

PROPERTY MANAGEMENT
Staff processed 76 permits from July 1, 2016 through September 30, 2016.  The gross revenue received in this time period was $57,454.86.  These numbers do not include Berkeley High because we have not received their report.

WASTE MANAGEMENT  
There is nothing to report at this time.

HAZARDOUS MATERIALS  
The District holds four (4) hazardous waste generator permits due the amount of waste we produce each year.  We are required to create and update bi-annually a Hazardous Materials Business Plan for each generator permit. Currently, the plan for Berkeley High is being updated. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed.D., Superintendent            
FROM:           Susan Craig, Ed.D., Director, Student Services
Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:           December 7, 2016
SUBJECT:    Annual Student Bullying Report                

BACKGROUND INFORMATION:
California Assembly Bill 9, also known as Seth’s Law (named after a 13 year old California student who committed suicide after being bullied at school), became effective July 1, 2012. Prior to the passage of AB9, existing law required school districts to adopt policies to protect students who are targets of discrimination and harassment. Seth’s Law expanded the scope to include complaints alleging harassment and/or bullying due to actual or perceived characteristics such as ethnicity and/or disability or gender expression.

In accordance with Seth’s Law, the Berkeley Unified School District’s Governing Board approved the District’s Anti-Bullying Policy (5131.2) in January 2012. The Policy states that the Director of Student Services will report to the Board at a fall Board meeting on bullying within the District and make recommendations as to how this policy can be more effectively implemented.

DEFINITION OF BULLYING

BUSD’S policy defines bullying as follows: Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act that inflicts physical hurt or psychological distress on one or more students or employees. It is further defined as: unwanted purposeful written, verbal, nonverbal, or physical behavior, including but not limited to any threatening, insulting, or dehumanizing gesture, by an adult or student, that has the potential to create an intimidating, hostile, or offensive educational environment or cause long term damage; cause discomfort or humiliation; or unreasonably interfere with the victim’s academic performance or participation in school activities. Bullying is often characterized by an imbalance of power.  

The Education Code for bullying, 48900(r), includes the following acts as defined in Section 48900.2 sexual harassment, 48900.3 hate violence, and 48900.4 harassment, threats, or intimidation. For purposes of categorizing incidents in this report, the primary bullying behavior the student engaged in in each incident is noted in the report, as determined by the school administrator.

ANTI-BULLYING POLICY OBJECTIVES

BUSD’S Anti-Bullying Policy has three objectives:

1. Cultivation of a culture of empathy, kindness, respect, and mutual trust among students and between students and staff
2. Creation of a school climate which encourages students to disclose and discuss incidents of bullying, both in their roles as victims, perpetrators and bystanders
3. Demonstration of a commitment to address incidents of bullying by outlining the school response to any such behaviors

In accordance with the policy’s objectives, during the 2015-2016 school year, BUSD strengthened efforts to cultivate caring school communities as follows:

• The implementation of Positive Behavior Implementation and Support (PBIS), and the social-emotional curriculum, Toolbox, was continued at all BUSD elementary and middle schools. In addition, the implementation of the Welcoming Schools curriculum, which addresses family diversity, gender stereotyping, and name-calling, was continued at all elementary schools.
• Restorative Justice (RJ) training and support through SEEDS was continued at all three middle schools during the 2015-2016 school year and RJ support through SEEDS was added at Washington Elementary School Berkeley Technology Academy. Additionally, a full-time RJ specialist was added at Berkeley High School.
• A session in sexual harassment awareness education was provided at all BUSD schools to students in grades four through 12 during September.
• Training in sexual harassment awareness, provided by Peace Over Violence, was provided to all BHS staff and all BUSD Safety Officers in August.
• BHS provided sexual harassment awareness education for students, which included consent, and forms of sexual harassment, including sexting, sexual battery, and sexual assault, at the fall welcome assembly for all students in September, at the SPARK assembly for ninth graders in October, and at an assembly that focused on sexual harassment in December. The assemblies also included information on many forms of harassment and discrimination, including ableism, racism, and discrimination against LGBTQ individuals.
• Sexual harassment awareness education was provided to all students in grades seven through 10 by sexual harassment specialist, Robin Mills, in the spring.
• The PeaceKeepers Academy, which replaced the LifeLines Academy, provided weekly groups that focused on positive behavioral choices, self-esteem, and goal setting for students in grades four through 12.
• A part-time Coordinator of Schools, Counselor Rosina Keren, provided District support and recommendations regarding restorative practices and behavioral health support.
• BUSD hired a full-time Compliance Officer/Title IX Coordinator to respond to complaints, including discriminatory complaints, and provide support for students who have been targets of sexual harassment, bullying, and other forms of discrimination. 

2015-2016 SCHOOL YEAR BULLYING REPORT

ELEMENTARY SCHOOLS

At the eleven BUSD elementary schools, a total of 51 incidents of bullying, 5 incidents of sexual harassment, and 2 incidents of sexual battery were reported. (Note: Per Education Code, sexual harassment, harassment/intimidation, and hate violence apply to students in grades 4 and above.) Eight elementary school students were involved in multiple incidents; additional resources were provided for the students.

The bullying behaviors that occurred at elementary schools included name-calling, teasing, threats, intimidation, social exclusion, physical aggression, inappropriate touching, and verbal sexual harassment.

Action taken to address bullying in elementary schools included counseling the students individually, parent contact and/or meetings, loss of privileges, a referral to the PeaceKeepers Academy, restorative justice, conflict resolution/mediation, District-level behavior contract meeting, referral to SST/RtI, change of school per the request of a targeted student’s parent (one instance), increased support through the IEP process (for students eligible for Special Education), Behavior Specialist support, and a recommendation for a psycho-educational assessment. In almost all instances, no further bullying was reported after the site interventions. Two elementary school students were suspended for sexual battery.

Elementary Bullying Incidents: Comparison of 2014-2015 to 2015-2016 *

MIDDLE SCHOOLS

At the three BUSD middle schools, a total of 20 incidents of bullying, 73 incidents of sexual harassment, 3 incidents of sexual battery, and 61 incidents of harassment/threats were reported. Sixty-one middle school students engaged in bullying behavior in the 157 reported incidents. Nineteen middle school students participated in three or more incidents involving bullying behavior.

The bullying behaviors that occurred at middle schools included teasing, social exclusion, threats, name calling, mean looks, physical aggression, sexual harassment, cyber-bullying, sexting, and sexual battery.

Action taken to address bullying in middle schools included counseling the students individually, parent contacts and/or meetings, formal meetings with student, parent, teachers, counselors, and administrators, conflict resolution/mediation, referral to the PeaceKeepers Academy, referral to SST/RtI, parent shadowing, a referral to student court, community service, detention, restorative justice, participation in sexual harassment awareness education, additional support through the IEP process (for students eligible for Special Education), written assignments related to bullying, class/schedule changes,, and a police report. There were 24 suspensions due to bullying behavior  and one in-school suspensions.

Middle School Bullying Incidents: Comparison of 2014-2015 to 2015-2016 *

HIGH SCHOOLS

At the two BUSD high schools (Berkeley High School and Berkeley Technology Academy), as the primary behavior in an incident, a total of three incidents of bullying, four incidents of sexual harassment, 15 incidents of harassment/threats towards other students, and four incidents of sexual battery were reported. A total of 18 students engaged in bullying behavior in the 26 reported incidents. Five students participated in two incidents and one of the five students participated in more than two incidents.

The bullying behaviors that occurred at high schools included teasing, threats towards other students and staff, name calling, physical aggression, sexual harassment, cyber-bullying, cyber-sexual harassment/sexting, and sexual battery.

Action taken to address bullying that occurred at high schools included counseling the students individually, parent contacts/meetings, restorative justice, suspension, referral to the PeaceKeepers Leadership Academy, and a police report. There were 17 suspensions due to bullying behavior.

High School Bullying Incidents: Comparison of 2014-2015 to 2015-2016*

ADULT SCHOOL

One incident of sexual harassment was reported by an adult student at Berkeley Adult School.

BULLYING BEHAVIOR BY ADULTS TOWARDS STUDENTS

Two incidents of bullying by parents/adult family members towards students occurred on a BUSD campus. Action taken in these incidents included stay-away 7-day stay-away orders from BUSD, and Berkeley Police notification. In both instances, the adults who engaged in bullying behavior towards students went up to a student at school with whom their child was having problems, and addressed the student in an intimidating, inappropriate manner.

Ten complaints of bullying behavior towards students by staff were made. The complaints were investigated and followed up on in accordance with District procedures.

*Note: Variations in data from 2014-2015 to 2015-2016 may be due to several factors including changes in recording incidents into the student information system, increases or decreases in student reporting of incidents, changes in culture and climate (i.e. the recent widespread prevalence of cyber-bullying) and the impact of educating students and staff about forms of bullying. Additionally, the incidents for middle and high school were incidents where bullying, harassment/threats/intimidation, sexual harassment, or sexual battery was considered to be the primary (most serious) behavior. The data does not include incidents where there were multiple Education Code violations and where another behavior (i.e. willful use of force or violence, etc.) was considered to be the primary behavior.

NEXT STEPS

Recommended next steps to strengthen bullying prevention efforts in BUSD include:

• Continue to expand the use of positive school climate initiatives, including Toolbox and restorative practices, in BUSD schools. A full-day of professional development in PBIS for approximately 125 elementary and middle school staff was conducted in October. A second full day of PBIS training is scheduled for December 8.
• Continue to provide training for students and staff regarding sexual harassment prevention, including sexual harassment awareness education for students in grades four through 12, through welcome assemblies, special activities such as BHS’s SPARK assemblies, and through providing training for students and staff from consultants with expertise in the area of sexual harassment.
• Expand the implementation of RJ in all BUSD middle schools (Every BUSD middle school now has a full-time RJ Counselor.), continue RJ support at Washington Elementary School and at BHS and BTA, and seek opportunities for providing RJ training for staff at other sites.
• Continue to offer the PeaceKeepers Academy weekly student support groups and consider offering the program during school vacation periods, including winter and summer break.
• Implement the Green Dot strategies for bystanders at BHS and BTA (Approximately 30 BHS and BTA staff were trained in the Green Dot strategies in August 2016. Implementation is currently in progress.)
• Implement Restorative Conferencing, when appropriate, for serious cases that may lead to expulsion, utilizing the services of Impact Justice.
• Continue to educate students about the forms of bullying and how to be an ally to support peers in taking a stand against bullying and report incidents of bullying to adults.

POLICY/CODE:
BP 5131.2

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the information regarding the bullying report, and provide feedback and direction to District staff regarding the annual bullying report. 

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:         December 7, 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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Natasha Beery, Director of BSEP and Community Relations
Valerie Tay, BSEP Program Specialist
DATE:         December 7, 2016
SUBJECT:    Election, Diversity and Activity Report for School Governance Councils, Berkeley High BSEP Committee and BHS School Site Council for the 2016-2017 School Year

BACKGROUND INFORMATION:
Each year the Board receives a report on the fall elections and current membership of the School Governance Councils (SGCs) for the Pre-K Program, the K-8 schools, Berkeley Technology Academy (BTA), and the Independent Study (IS) Program; and the two Berkeley High School (BHS) committees: the BHS BSEP Site Funds Committee and the BHS School Site Council (SSC). 

Principals and committee members were surveyed online to obtain a full picture of the conduct of elections for each site, including candidate outreach, nominations, election mechanisms, and community notification. 

Candidate outreach and recruitment:  Schools solicited parent candidates through a combination of newsletters and flyers, announcements and information tables at Back-to-School Night, PTA meetings, staff meetings, and other gatherings; email and e-tree messages; as well as outreach to specific individuals. Principals reported that face-to-face individual outreach and announcements at school events were the most effective methods for candidate recruitment. Parents listed email and e-tree messages, personal outreach and event announcements as most prevalent (in that order).  Several sites reported that OFEE specialists were very effective in recruitment, while others did not access this resource. 

Most candidates presented themselves through a written statement, with only Berkeley High offering an elections forum. Combined with the Principal’s “state of the school” speech, the event provided the opportunity for new candidates to come forward and speak briefly, and then for online voting to begin. One elementary school did hold elections at Back-to-School Night, which ensured good participation (42%) and enabled its SGC to begin conducting business right away in September. The principal noted that this timeline requires that outreach and recruitment begin in the spring of the previous year. The compressed elections period in the fall has been a consistent frustration, and fully half of responding principals expressed a desire for change either with spring elections or an extended elections period.  Instituting early recruitment practices may prove to be a viable solution. 

Ballots and Voting:  Parent candidates were presented via printed and/or online ballot statements, and only rarely in person at school meetings/elections. Six principals reported conducting elections with paper ballots only, four with online only, and seven with a combination. 28% of respondents reported that voting was only by paper ballot - at meetings, or via ballots which could be picked up at school and sent home with students or downloadable. 44% reported that both paper and online voting was used, and 26% reported that candidate statements and ballots were only available online. No approach or combination of approaches ensured higher turnout, with the exception of the back-to-school night voting, which required early outreach.  

Parent voter turnout averaged 19% across the district, ranging from 7% to 42%; however three schools did not provide voter turnout rates by the time of this report. Voter turnout at Berkeley High School was better than the record low 3% turnout of 2013, with approximately 7% of parents voting this year. 

The principals and SGC members continue to adopt and search for best practices in outreach and elections methods, including whether it is preferable to have all candidates offered to the larger school community as a slate or as individuals. The “slate” option has been used, as has weighted voting, to encourage participation of all candidates who have come forward.  Instead of designating low-vote getters as alternates, several principals have encouraged full inclusion of all voices.  When action is required by these committees, there is attention to ensuring that representation does not exceed the specified number of parent, staff or student seats. These questions and others related to elections and conduct of the SGCs are being brought to the Board Policy Subcommittee this year in order to ensure that bylaws and practice are updated and aligned.

Overall, about 47% of elected members were new and 53% returning, which should create a good blend of historical knowledge and new perspectives, as long as efforts are made toward ensuring that orientations and meetings encourage and equip all members to participate.

Best Practices: A handbook for School Governance Councils is now available both online at the BUSD website and in binders for all SGC and SSC members. The handbook includes a section on "Best Practices," based on input from the annual surveys of SGC members and principals as well as discussions at SGC training workshops. This guide is revised annually, as discussions with principals, committee members, and the Office of Family Engagement and Equity (OFEE) continue to improve ideas for outreach and recruitment as well as raise issues that are barriers or accelerators of equitable participation. For example, when committee officer elections take place at a first meeting, new members may not feel ready to step into leadership roles. Can mentoring of new members increase/accelerate participation and improve distributed leadership? How can OFEE staff best support the SGCs? Are agendas constructed to ensure opportunities for discussion, and are meetings run so that wide participation is supported? How can the broader community be engaged with the work of the SGC?  

High School: Student committee members for the Berkeley High SSC and BSEP Site Funds Committee were elected by the student body at large last spring, resulting in fully constituted student rosters for each. The members at BTA and Independent Study were chosen this fall, although the new principal at BTA faced challenges in recruitment of parents and staff.  He has continued his efforts past the September 30 deadline to fully constitute his SGC. At Berkeley High, the candidate forum/principal’s meeting was repeated, although staff participation for the SSC remains problematic, as most interest is directed toward the BSEP committee. The principal has expressed a desire to combine the two committees and may put this before the Policy Subcommittee next year.

Staff: Staff committee members were mainly chosen by consensus. Finding candidates, especially those to fill the classified seat, has been problematic for some sites. Availability during SGC meeting hours, as well as a reluctance to serve without compensation has been cited as a barrier to participation. Conflict of interest concerns also barred some participation.

Roster: Attached as Appendix A is a roster of the approximately 235 parents, high school students, teachers, principals, and other staff members who have made the commitment to serve on their SGC, the BHS BSEP Committee, BHS School Site Council, or the P&O this year.

Diversity: Attached as Appendix B is a chart showing the ethnic/racial composition of the SGCs in Pre-K through 5 schools, middle schools and high schools, as well as a comparison with the district student body. This year the methodology of collecting these data followed these practices:

• Ethnic/racial categories match the federal and state categories which are used for the student CALPADS data.
• Race/ethnicity data was primarily obtained through self-report, rather than only asking the principal to supply the data as was done in prior years. 

Given the relatively small numbers at each site, rather than providing counts and percentages for each school site, results were summarized by preK-5, middle school and high school levels.

Overall, 41% of committee members are non-white (Asian, Hispanic, African-American, multi-racial) and 59% are non-Hispanic white, which is similar to prior years. A few key findings:

• When compared to the student demographics, there is somewhat higher Black/African-American membership (18.1% overall compared to 16.1% of student body); significantly higher at the high school, with 38% of committee members identifying as Black/African-American.

• There is markedly lower committee participation for Hispanic/Latino members, 8.2% compared to 21.8% of student body. Some of this disparity may have to do with the fact that the ELAC/DELAC committee members are not counted in this report, but this does point to a need for more targeted engagement/outreach for Hispanic/Latino representation and/or a concerted effort to ensure that ELAC work is truly incorporated into the SGCs. Our Asian and multi-racial students are not matched by similar representation on SGCs. This may also point to black/white thinking in recruitment/outreach, whereas broader envisioning of diversity could be reaching more families. 

• The data on SGC membership race/ethnicity does not tell the entire story, however. Families are more diverse than the committee members themselves. Just over 20% of respondents indicated that their children’s race/ethnicity was different from their own, including 10% of white parents, so in terms of family representation, the overall diversity of families is greater than the committee member numbers reflect.

• In the prior year survey, a question was included to ask about committee member perspectives, going beyond race/ethnicity to probe for what members bring to the table in terms of backgrounds and interests. At that time there was frequent mention of bilingual and/or multicultural families, as well as special education or GATE-identified students. This year the question about perspectives was not asked, but respondents still wrote in additional identifiers, including families with same-sex parents, children with learning disabilities, adopted children, immigrant families, and religious affiliations such as Jewish and Muslim. Some respondents also supplied additional race/ethnicity identifiers, including Middle Eastern, Jewish, Filipino, European, and South and Southeast Asian heritage.  

Activities: On October 18, 2016 the annual School and District Committees Training Workshop was held at Longfellow Middle School. The format was changed from prior years in order to emphasize the committees’ role as sounding board for the principal and review best practices with respect to Robert’s Rules and group norms.  A 45-minute period was also set aside for SGC mini-meetings by site, to focus on reviewing the school’s Single Plan for Student Achievement (SPSA), discussing the meeting calendar and other initial business of the SGC. In the past, the workshop evening has included options for new and returning members to attend an orientation and presentations on a variety of BUSD educational programs. This year, the orientation to reinforce good fundamental practices was provided in a plenary session, and a workshop scheduled for later in the school year will present SGC members with more tools on subjects from needs assessments, leadership development, and “uniting goals and resources for an effective school plan.”

The turnout of approximately 120 included SGC members as well as ELAC and DELAC representatives.  PTA, PAC, and other interested community members were also invited. Participants, especially new members, appreciated having their committee’s purpose and the governing rules clearly explained, while both new and returning members welcomed the opportunity to meet in the smaller groups and zero in on the matters most pressing for their SGC.  Each member received a Handbook for School Committees along with a customized folder including each site’s SPSA, so that every SGC committee member would have access to bylaws, guidelines, best practices, and school action plans for their mini-meeting.  This handbook is online, as is the presentation from the 2016 workshop, at the BSEP/SGC and School Site Council webpage on the BUSD website. The handbook includes a suggested month-to-month agenda of suggested activities, attached to this report as Appendix C. 

POLICY/CODE:
BP4119.11
BP5145.3

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION: 
Receive BP 4119.11 and BP 5145.3 as information for first reading. 

BERKELEY UNIFIED SCHOOL DISTRICT

 
TO:             Donald Evans, Ed.D.
FROM:        Natasha Beery, Director of BSEP and Community Relations
Dr. Susan Craig, Director of Student Services
DATE:        December 7, 2016
SUBJECT:  Administrative Regulation 1112.1 Crisis Communications

BACKGROUND INFORMATION:
The Public Information Officer and District Communications Team assist the Superintendent in providing timely, useful and accurate information about the district to students, families, staff, community members and the media. A proactive communications plan and process is in place to address the daily needs of the BUSD community; a crisis communications plan is also needed to address emergencies or threats to the well-being of our students and staff.

Board Policy 1112 (Media Relations) makes reference to the need to provide timely and accurate information in case of a crisis situation to parents/ guardians and the community, and work effectively with the media.  The proposed Administrative Regulation, AR 1112.1 (Crisis Communications), is intended to provide more specific guidance for addressing the communications needs for the two major types of crises (“Emergency” or “Threat”), the establishment of a Crisis Communications Team, procedures for both district-wide and site-specific crises, as well as guidelines for timing, procedures, message templates and translation, and follow-up communications. 

The first draft of the Administrative Regulation originated as an attempt to address the possibility of “threats to groups”, and evolved through discussions and review with the Communications Team and with Student Services into a more comprehensive regulation that encompasses crisis communications more broadly.  A revised draft was also shared with BUSD Principals for their input. The Board Policy Subcommittee discussed a proposed AR on October 21, 2016 and reviewed a revised draft on November 18, 2016. 

STAFF RECOMMENDATION:
Review the proposed Administrative Regulation. Suggestions for additional changes may be made via the Superintendent if the AR is not discussed at the Board Meeting.

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?