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.

1.  Call to Order
The Presiding Officer will call the meeting to order at 6:00 p.m. The Regular Meeting will convene by 7:30 p.m. 
2.  Closed Session Public Testimony
Persons wishing to address the Board on a matter related to an item on the closed session agenda should fill out a green speaker card. Cards 
turned in by 5:45 p.m. will be 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 Consideration of Student Expulsion (Ed. Code § 48918(c))
1617-04-040602
1617-11-061503
3.2 Conference with Legal Counsel—Existing Litigation (Government code Section 54956.9(a))
3.3 Conference with Legal Counsel—Existing Litigation Workers Compensation Claims (Government code Section 54956.9(b))
3.3.1 Case No. 130300061
3.3.2 Case No. 120400094
3.4 Threat to Public Safety (Government Code Section 54957)—Lieutenant Hawk

4. Call to Order - 7:30 PM
 
5. Approve Regular Meeting Agenda of February 22, 2017

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.  Public Testimony is strictly 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 for five minutes per union.

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 for five minutes, so long as the representative speaking has specifically delegated by the committee to speak on behalf of the committee. 

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

11.  Consent Calendar
11.1 Approval of Human Resources Reports
11.2 Approval of Overnight Field Trip Requests
11.3 Approval of Out-of-State Travel Requests
11.4 Berkeley Adult School Workforce Innovation and Opportunity Act (WIOA) Grant Proposal
11.5 Approve Voting Members from Berkeley High School for the North Coast Section Athletic Conference
11.6 Approval of Contracts/Purchase Orders for Services Contracts 
11.7 Approve Listing of Warrants Issued in January 2017 
11.8 Acceptance of Gifts/Donations
11.9 Approval of Payroll Warrants Issued in January 2017
11.10 Approval of Budget Development Calendar for 2017-18 Budget Adoption
11.11 Accept the Completion of the Relocatable Portables at LeConte (Transitional Kindergarten Campus) Project
11.12 Lowering the Voting Age for Berkeley School Board Elections to 16 Years 
11.13 Board Bylaw 9322: Agenda/Meeting Materials
11.14 Approval of Board of Education Meeting Minutes for February 8, 2017
11.15 Aligning Science Instruction at Berkeley High School with the Next Generation Science Standards (NGSS)

12. Discussion Items
12.1 California Accountability Model and School Dashboard System (30 min)

13. Action Items
13.1 Refunding of General Obligation Bonds – Resolution 17-054 (10 min)
13.2 Vote for Delegate to the California School Boards Delegate Assembly (5 min)

14. Information Items
14.1 Williams Case Settlement Quarterly Report
14.2 Administrative Regulation Regarding Facilities Community Engagement Process
14.3 Local Control and Accountability (LCAP) Monthly Update
14.4 Update on Extended Learning Programs (LEARNS and BEARS)
14.5 Facilities Plan 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. Adjournment

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: February 22, 2017
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:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         February 22, 2017
SUBJECT:  Overnight Field Trip Request

BACKGROUND INFORMATION:
The following overnight field trip is being requested:

Kirby Cove-Marin Headlands, Marin County, CA, April 24-27, 2017
Approve participation of twenty-five fourth/fifth grade students, one teacher, and four other adults from Jefferson Elementary on a four-day, three-night field trip to the Kirby Cove Group Campground at the Marin Headlands.  The group will depart Jefferson on Monday, April 24th, at 10:00 a.m. and return Thursday, April 27, 2017 at 2:15 p.m.  Students will learn the area’s historical significance and study the weather, astronomy and earth science.  Students will sleep in gender specific tents.  BUSD will provide transportation.  The total cost of $3,200 is being paid through class fundraising and parent donations.  No student will be denied access based on inability to pay. Requested by Mary Cazden, Jefferson 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. 

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         February 22, 2017
SUBJECT:  Out of State Travel Requests

BACKGROUND INFORMATION:
The following out of state travel request is being requested:

AERA 2017 Annual Meeting, San Antonio, TX, April 27-May 1, 2017
Approval for David Stevens, District TSA: Academic Support, Index, Interventions and Supports, to attend this five-day, four-night conference in San Antonio, TX. The AERA 2017 Annual Meeting-Knowledge to Action: Achieving the Promise of Equal Educational Opportunity. As we begin AERA’s second century, the theme of the 2017 Annual Meeting is a call to examine these critical dimensions of educational opportunity and rigor in research as they pertain to the diversity of issues, populations, and contexts served in and by educational inquiry. These range from young children to their parents and families, from Pre-K-12 to post-secondary education and adult learning, from affluent districts to financially struggling schools, and from immigrant to low-income communities within urban and rural settings alike. They are studied in large data-sets and in field studies, and through multiple methods, including qualitative approaches, experimental designs, and discourse analyses. They are investigated in both vastly different and complementary theories of learning, human development, literacy, socio-linguistics, and culture, and within different contexts. They are connected to race, language, and gender, and are embedded in systemic inequalities. Finally, they exist alongside enormous technological innovation, new approaches to studying diverse and historically undeserved populations, refinement of existing methodologies, recurrent policy revisions, and the wide reach of global exchanges. events, and speakers. Requested by: Debbi D’Angelo, Director: Berkeley, Research, Evaluation and Assessment. (BREA)

National Council for Behavioral Health Conference, Seattle WA, April 3 -5, 2017
Approval for Christina Jack, Consultant who provides management of the Youth Mental Health First Aid Grant awarded to BUSD and Siu Lau, Senior Budget Analyst II for Programs & Special Projects to attend this three-day, two-night conference in Seattle, WA.  The National Council for Behavioral Health Conference will provide a breadth of original, informative and engaging conference sessions and workshops expanding their understanding of behavioral health issues.  They will engage and learn from an exceptional lineup of motivating speakers and thought leaders.  Continuing education credits from various professional associations are also offered.  Attendance to this conference is required by the Federal Youth Mental Health First Aid Grant.  Requested by:  Pat Saddler, Director of Programs and Special Projects.  Travel and conference cost is approximately $5,500.04 and will be paid by the Mental Health Youth First Aid federal grant.

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: Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE: February 22, 2017
SUBJECT: WIOA Grant Proposal from Berkeley Adult School to CDE

BACKGROUND INFORMATION:
For many years, Berkeley Adult School has supplemented state adult education funds with federal dollars for adult literacy. These funds are under Title II of the Workforce Innovation and Opportunity Act (WIOA). BAS uses the funds to support about half of its English as a Second Language, Adult Basic Education and Adult Secondary Education classes. Funds also pay for much of the professional development offered to adult school teachers in these program areas, along with technology tools supporting instruction.

Award size is based on past performance and availability of federal funds. The online request for proposal package included a calculator for determining the grant size BUSD is allowed to request in this RFP. Calculations based on past performance resulted in a proposal request of $1,353,936 for 2017-18, well up from our 2016-17 contract for $865,000.

The California Department of Education manages the WIOA grant in three year cycles, a “competitive” year requiring more robust proposals, followed by two years of straightforward renewal applications. This year the application is at the competitive point in the cycle. The application was submitted before the February 10, 2017 due date.

POLICY/CODE:
Not applicable.

FISCAL IMPACT:
$1,353,936 dedicated to for adult literacy, pending federal fund availability.

STAFF RECOMMENDATION:
Approve the WIOA grant proposal for Berkeley Adult School.   

BHS Bridge Data for Graduating Cohorts

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Superintendent Donald Evans, Ed.D       
FROM:   Erin Schweng, BHS Principal               
DATE:    February 22, 2017       
SUBJECT:  Approve Voting Members from BHS for the North Coast Section Athletic Conference

BACKGROUND INFORMATION:
In order to fully participate as voting members in our North Coast Section Athletic Conference, this form needs to be approved by our governing board.  The form authorizes Erin Schweng, Principal, Britta Fjelstrom, Athletic Director, and Kiernan Rok, Dean of Students, to be voting members at the twice-yearly meetings.

POLICY/CODE:
Ed. Code 33353 (a) 1

FISCAL IMPACT:
none

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        February 22, 2017
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. Illuminate Education, to provide reporting tools to simplify the data analysis process for BUSD for the period from 7/1/16-6/30/17.  The cost will not exceed $52,480. To be paid from BSEP Measure A Fund. Requested by Debbi D’Angelo.
2. Younger-Wunar, Inc. to provide framing and installation of  garden planter at King Child Education Center for the 2016/17 SY. The cost will not exceed $10,000. To be paid from BSEP Measure A Fund. Requested by Natasha Beery.
3. Ratification of contract to Berkeley Symphony Orchestra to provide Music in the Schools program at eleven BUSD elementary schools for the period from 10/1/16-6/13/17. The cost will not exceed $10,000. To be paid from BSEP Music, Visual & Performing Arts Fund. Requested by Peter Gidlund.

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:             Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:        February 22, 2017
SUBJECT: Approve Listing of Warrants issued in January 2017.

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 January is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,589,720.89 for the month of January 2017 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of January 2017.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed.D., Superintendent
FROM:            Javetta Cleveland, Deputy Superintendent
DATE:             February 22, 2017
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. Cotteco donated $386.00 to the Principal’s Discretionary Fund for Thousand Oaks
2. In Dulci Jubilo, Inc. donated $3,000.00 to Principal’s Discretionary Fund for Reading Club for All to Rosa Parks.
3. Miscellaneous parent fees total a donation of $7,729.00 for Visual Performing Arts.
4. Wells Fargo Community Support Campaign donated $969.25 to the Principal’s Discretionary Fund for Rosa Parks.
5. Life Touch National School Studies donated $1,506.10 to the Principal’s Discretionary Fund for Rosa Parks.
6. Cragmont PTA donated $2,856.00 to Extend YMCA coaching/recess support.
7. AT&T Bright Funds Foundation donated $290.00 to Thousand Oaks.
8. The 5^th Grade Parents of Berkeley Arts Magnet; Adam Weis $3,181.00 Yrjo Engestrom, Annalisa Sannino $370.00, Safieh Farshadnia $350.00, Nicole Yee & Marc Landes $130.00, Ariel Bacon & Stefan Zager $370.00, Lisa Elvin & Eduardo Valenzuela $200.00, C. Hill $25.00, David Lampach $370.00, Matthew Hooven & Carly Dennett $370.00, MaryAnn Bell $50.00, Lauren Rawlins $370.00, Ensi Bao $400.00 donated for a total of $6,407.00 for Outdoor field trip for Berkeley Arts Magnet.
9. Berkeley High School Development Group donated $4,500.00 to Berkeley High School.
10. Growing Leaders donated $30,000.00 to Willard
11. LifeTouch donated $907.67 to the Principal’s Discretionary Fund for John Muir

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $58,551.02 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:         February 22, 2017
SUBJECT: Approval of Payroll Warrants Issued in January 2017

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 January 2017.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$12862,152.47, for January 2017 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in January 2017.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        February 22, 2017
SUBJECT:  Approval of Budget Development Calendar for 2017-18 Budget Adoption

BACKGROUND INFORMATION:
It is customary to approve a budget development calendar, which calls out the significant milestones during the development of the budget. Staff has prepared the attached budget development calendar and is submitting it for Board approval. Staff will update the Budget Calendar for the Board if there are significant changes made to the proposed timelines.

The dates included in the budget calendar can always be moved earlier if the various committees are ready for staff to present their recommendations. The dates cannot be moved back due to the statutory deadlines for LCAP and approval of the adopted budget. The only committee meeting dates listed are critical dates for actions required to ascertain key information and data for the adopted budget. Therefore, all committee meeting dates for P & O (BSEP), parent advisory committee (PAC) and education advisory committee (EAC) are not included in the budget calendar.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve 2017-18 Budget development calendar  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         February 22, 2017
SUBJECT:  Accept the Completion of the Relocatable Portables at Le Conte Elementary (Transitional Kindergarten Campus) Project.

BACKGROUND INFORMATION:
On April 20, 2016, the Board awarded a contract to Vila Construction Company for $759,000.00 to perform the Relocatable Portables at LeConte Elementary.  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.  Le Conte Transitional Kindergarten Campus (Portables at Le Conte) Project had change orders of $59,660.00 or 7.9% of the contract amount. We originally budgeted for change orders of 10%. 

STAFF RECOMMENDATION: 
Accept the project as complete.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:           Josh Daniels, Vice President and Petra Silvey, Student Director
DATE:            February 22, 2017
SUBJECT:    Lowering the Voting Age for Berkeley School Board Elections to 16 Years Old

BACKGROUND INFORMATION:
Measure Y1 was placed on the November 2016 ballot with the unanimous support of the Berkeley City Council and with the unanimous recommendation of the Berkeley School Board.

On November 8, 2016, over 68% of Berkeley voters approved Measure Y1, which amended the Berkeley City Charter to authorize the Berkeley City Council to adopt an ordinance granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the members of the Berkeley Unified School District Board of Directors.

Lowering the voting age for Berkeley School Board elections will increase voter turnout, give young adults the ability to truly influence the direction of their local schools, increase civic engagement among young adults, and provide a strong incentive to improve civics education.

As noted in the Berkeley City Attorney’s Analysis, implementation of Measure Y1 would likely require “an agreement between the City [of Berkeley], the [Alameda] County Registrar of Voters, and the [Berkeley] School District establishing the exact terms and conditions under which affected elections would be held.” In order to reach such an agreement, however, a number of logistical, financial, legal, and policy issues must be addressed.

This item would direct the Superintendent to begin the process of attempting to resolve these issues, in conjunction with the City of Berkeley and/or the Alameda County Registrar of Voters. Doing so would likely involve retaining legal counsel, which would come back to the School Board for approval as a separate item.

POLICY/CODE:
None

FISCAL IMPACT:
None at this time.

STAFF RECOMMENDATION:
Direct the Superintendent to identify and attempt to provide answers to the logistical, financial, legal, and policy issues to granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the members of the Berkeley Unified School District Board of Directors and to report back to the School Board on such efforts no later than June 30, 2017.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:    Board of Education
FROM:    Policy Subcommittee
DATE:    February 22,2017
SUBJECT:    BB 9322: Agenda/Meeting Materials

BACKGROUND INFORMATION:
On February 8, 2017, the Policy Subcommittee presented a revised version of Board Bylaw 9322 for first reading. BB 9322 is now being submitted for approval. 

The revisions reflect current practice, and are intended to make the language of the Bylaws more clear to members of the public.

BERKELEY PUBLIC SCHOOLS

President Alper called the meeting to order at 7:00 p.m. He reported that the Board convened to closed session at 5:30 p.m. 

Roll Call
Board of Education:
Ty Alper, President – Present,
Josh Daniels, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Judy Appel, Director -- Present
Petra Silvey, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Absent

Administration:
Donald E. Evans, Ed. D, Superintendent
Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Alper reported out on closed session:

Consideration of Student Expulsion (Ed. Code Section 48919 (c)) 

Case no. 1617-07-040203

Motion to approve staff recommendation:
Appel/Hemphill and approved 4-0
Ty Alper, President – yes
Josh Daniels, Vice President – abstained
Beatriz Leyva-Cutler, Director/Clerk – yes
Karen Hemphill, Director – yes
Judy Appel, Director -- yes

Case no. 1617-15-101804

Motion to approve staff recommendation:
Leyva-Cutler/Appel and approved 4-0
Ty Alper, President – yes
Josh Daniels, Vice President – abstained
Beatriz Leyva-Cutler, Director/Clerk – yes
Karen Hemphill, Director – yes
Judy Appel, Director -- yes

Case no. 1617-08-101803

Motion to approve staff recommendation:
Leyva-Cutler/Hemphill and approved 4-0
Ty Alper, President – yes
Josh Daniels, Vice President – abstained
Beatriz Leyva-Cutler, Director/Clerk – yes
Karen Hemphill, Director – yes
Judy Appel, Director -- yes

Case no. 1617-05-042800

Motion to approve staff recommendation:
Hemphill/Appel and approved 4-0
Ty Alper, President – yes
Josh Daniels, Vice President – abstained
Beatriz Leyva-Cutler, Director/Clerk – yes
Karen Hemphill, Director – yes
Judy Appel, Director -- yes

Case no. 1617-09-121302

Motion to approve staff recommendation:
Alper/Hemphill and approved 4-0
Ty Alper, President – yes
Josh Daniels, Vice President – abstained
Beatriz Leyva-Cutler, Director/Clerk – yes
Karen Hemphill, Director – yes
Judy Appel, Director -- yes

Case no. 1617-10-121302

Motion to approve staff recommendation:
Alper/Appel and approved 4-0
Ty Alper, President – yes
Josh Daniels, Vice President – abstained
Beatriz Leyva-Cutler, Director/Clerk – yes
Karen Hemphill, Director – yes
Judy Appel, Director -- yes

Public Employee Discipline/Dismissal/Release (Government Code Section 54957)

Motion to accept resignation of employee no. 011233:
Hemphill/Alper and approved unanimously approved 5-0

Public Employee Appointment (Government Code Section 54957) 

Certificated Site Administrator

Motion to approve the appointment of Erin Schweng as the Principal of Berkeley High School:
Alper/Appel and unanimously approved 5-0. 

Compliance Officer and Title IX Coordinator

Motion to approve the appointment of Dana Clark as Compliance Officer and Title IX Coordinator:
Hemphill/Leyva-Cutler and unanimously approved 5-0

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
Motion to approve agenda
Appel/Leyva-Cutler and unanimously approved 6-0:

PUBLIC TESTIMONY
A total of 13 people addressed the Board:

A parent shared her son’s experience in advanced math at BHS.

A student asked the Board for their support in light of the passage of Measure Y1.

Four student members of BHS Stop Harassing read aloud a peer’s story.

Two parents commented on the math curriculum.

A community member asked the Board to consider a non-profit exemption to the developer fees proposal.

A BHS student urged the Board to respond to the BHS stop harassing requests. 

Two parents commented on unresolved complaints.

A BHS parent commented on restorative justice.

UNION COMMENTS
BFT President Cathy Campbell spoke in support of the RTI and developer fees items on tonight’s agenda. 

COMMITTEE COMMENTS

Co-Chairs of the PAC shared an update on their past meetings.

PTA council president commented on the sexual harassment complaints.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Silvey read aloud a statement on behalf of the BHS student leadership. She thanked and expressed her support for the students who spoke out tonight.

Director Leyva-Cutler thanked the students who spoke out tonight and reassured the public that their concerns are heard and taken seriously.

Director Hemphill thanked the students who spoke out tonight. She will hold office hours on Saturday, Feb.18 at 10:30 at Café Leila.

Director Appel expressed how much it meant to her for students to come out and speak. She appreciated the BHS community for its patience during the transition in leadership. She acknowledged the incredible acts of resistance to current administration.

Vice President Daniels announced that a special board meeting will take place on Feb 15 for the redesign of BHS. The PAC will be meeting next Thursday at 6pm in Room 126. The policy committee will convene this Friday at 1pm in Room 126. He acknowledged the students who spoke on Measure Y1 and said he looks forward to working with them.

Superintendent Evans thanked the brave students who spoke out tonight and said he is looking forward to addressing the systems in place in an effort to respond to complaints in a timely manner.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Hemphill/Leyva-Cutler and unanimously approved 5-0. 

ACTION ITEMS

Public Hearing (8:00pm), Approval of Developer Fees Justification Study and Approval of Resolution 17-051 for the Adoption of School Facilities Fees
Allotted time: 20 min
Actual time: 33 min 

President Alper opened the public hearing at 8:40 p.m. 

Two people provided public comment about the developer fee proposal.

President Alper closed public hearing at 8:45 p.m.

Director of Facilities Tim White explained that the recommendation is for the Board to approve the collection of $3.48 per square feet for residential development and $0.56 per square feet for commercial and industrial development. Questions and discussion followed.

President Alper went down the line to gauge the level of support from each Board member.

Motion to adopt resolution 17-051 with the amendment that fees are effective 90 days following Board approval and with direction for staff to come back with a proposal for an exemption for affordable housing and clarification of the process by which individual projects can appeal the application of the fees:
Alper/Appel and unanimously approved 6-0.

DISCUSSION ITEMS

Update on Response to Intervention (RTI) Processes in Berkeley Schools
Allotted time: 60 min
Actual time: 73 min 

Director of K-8 Schools Maggie Riddle, Emerson principal Susan Hodge, and several teachers presented an overview of how systems of intervention come together to support student learning. Her presentation highlighted the RTI work taking place at several sites. Questions and discussion followed.

ADJOURNMENT
President Alper adjourned open session at 10:34 p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans,Ed.D,  Superintendent       
FROM:       Pasquale Scuderi, Assistant Superintendent, Ed Services
DATE:        February 22, 2017
SUBJECT:  California Accountability Model and School Dashboard System

See attached.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        February 22, 2017
SUBJECT:  Refunding of General Obligation Bonds –Resolution #17-054                

BACKGROUND INFORMATION:
The purpose of refunding prior general obligation bonds is to obtain a lower interest rate and create savings to taxpayers. Staff has been in discussion with our financial advisor regarding the best time to refund our general obligation bonds. This past year, and in fact since the 2008 recession, tax-exempt rates have been among the lowest since World War II. For at least the last year, various economists, Federal Reserve and otherwise, have been saying this low interest market cannot last. 

Eventually economic improvement will drive rates up and in particular, the Fed will do a series of rate increases. However, nothing happened month after month. Then a new President was elected in November, and rates increased 60-70 basis points in a month and a half, including the Fed finally raising their rates in December with a 25 basis points increase. The Fed is now saying there will be three more 25 basis point increases in 2017, and two or more additional in 2018. Current speculation for the next Fed increase is between March and June 2017. 

The main rate increase driver is that the new President's economic policies are aggressively pro-growth, and as a 6% growth seems likely, rates will go up accordingly in response with the Fed adding their increases along the way. In alignment with this economic picture of distinctly higher interest rates over the next few years, the District has the opportunity to effectively lock-in savings at today's rates to refund its outstanding "2009 General Obligation Bonds" ("2009 Bonds") and its "General Obligation Bonds, Election of 2010, Series B (2011)" ("Series B Bonds").

Proposed Refunding
The District's 2009 Bonds may first be redeemed in whole on August 1, 2019, and the Series B Bonds on August 1, 2020; there is no redemption premium in either case. The most economical form of advance refunding for cases like this is a  crossover refunding. In this arrangement, the refunding bonds finance an escrow fund administered by a bank trust department that in turn funds interest payments on the refunding bonds through the refunded bonds' redemption date. The redemption date (also known as the "crossover date") is then the redemption of the then outstanding principal of the refunded bonds. Principal payments on the refunding on the refunding bonds do not begin until after the crossover date. In other words, District taxpayers continue to make debt service payments on the refunded bonds through the crossover date, and debt service payments on the refunding bonds after the crossover date. (For state statutory debt capacity purposes, the refunded bonds' outstanding principal counts through the crossover date, and the refunding bonds' outstanding principal counts after the crossover date.)

At general AA market rates as of January 18, 2017 plus a 50 basis point cushion against future events, for the overall proposed refunding, assuming March 30, 2017 bond closing, our financial advisor's pro-forma numbers show an overall present value net savings of over 8.6% or $2.1 million, and a total or future value net savings of $2.8 million. With a 25 instead of a 50 basis points cushion, savings are higher, with present value savings over 11% but rates interest rates increasing, from Fed action or otherwise, before the District cab sell refunding bonds (and so set their interest rates) is entirely possible. Existing rating from S&P is AA+.

The plan is to competitively sell the proposed 2017 Refunding Obligation Bonds ("2017 Refunding Bonds") as soon as practical, before a next Fed rate increase if possible. Sale would be late February or early March.

The District would not proceed with the refunding unless a minimum present value saving of 5% of the refunded bonds was met, and the dollar amount of present value savings exceeds "negative arbitrage". "Negative arbitrage" is the amount by which escrow investment earnings are short of supporting 100% of the escrow payments of interest on the refunding bonds (in a crossover refunding), thereby requiring additional principal funding from the refunding bonds, requiring this issue to be that much larger. There always is some negative arbitrage in a refunding escrow; it is when refunding becomes largely an exercise in funding negative arbitrage and costs of issuance at the expense of any worthwhile saving that a refunding becomes pointless. 

Risk of Locking-in Interest Rates and Savings Now
If market interest rates remain unchanged or do not increase enough by 2019, savings would be greater refunding in 2019 than refunding now (the shorter, i.e., the smaller, the refunding escrow, the less negative arbitrage to fund from refunding bond proceeds).  The bet the District is making with refunding now is that these future rates will be much higher and future obtainable savings will be lower than the savings obtainable now. “Breakeven” will have occurred if future bond rates are 65 basis points higher than the estimated rates assumed above (namely, “AA market rates as of January 18, 2017 plus 50 basis points cushion against future events”). This means at 65 basis points higher interest rates for all maturities over the rates assumed above, the total actual or future dollar savings for a 2019 refunding would be less than the same savings from the proposed 2017 refunding. The Fed’s advertised number of 25 basis points rate increases by 2019 and the new administration’s economic policies indicated so far make another 65 basis points in interest rates seem viable. However, these are all future events that have not yet happened and there is no certainty of any of it; that is the bet the District would be making. Future politics, national and world events are unknown, and any could derail occurrence of higher interest rates.

Staff is recommending that the Board grant approval for issuing the 2017 Refunding Bonds now, to lock-in interest rates and savings to taxpayers expected to be available today. See attached Resolution 17-054. Exhibits are available for review in the Office of the Deputy Superintendent.   

POLICY/CODE:
California Education Code 15100-15111
Government Code Section 53550

FISCAL IMPACT:
Our financial advisor’s pro-forma numbers show an overall present value net savings of over 8.6% or $2.1 million, and a total or future value net savings of $2.8 million. The District will receive up to $27 million in refunding bond proceeds and/or bond premium, all of which, net of underwriting spread and costs of issuance, will be applied directly to the purpose of refunding the 2009 Bonds and Series B Bonds. By law, the maximum true interest cost on the bonds shall not exceed 12% per annum. All present and future tax rate constraints imposed by current law or District policy are expected to be met.

STAFF RECOMMENDATION:
Approve the 2017 Refunding General Obligation Bonds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM:  Donald Evans, Superintendent
DATE:  February 22, 2017
SUBJECT:  Vote for Delegate to the California School Boards Delegate Assembly 

BACKGROUND INFORMATION:
The California School Boards Association (CSBA) is a collaborative group of virtually all of the state's more than 1,000 school districts and county offices of education. It brings together school governing boards and their districts and county offices on behalf of California's children.

CSBA members elect representatives from 21 geographic regions. Alameda County is Subregion 7-B and there are four vacancies in our region.

California School Board Directors are eligible to vote in this election. The Board as a whole may vote for up to the number of vacancies as indicated on the ballot. Regardless of the number of vacancies, the Board may cast no more than one vote for any one candidate. The ballot also contains a provision for write-in candidates: their name and district must be clearly printed in he space provided on the ballot.

Election results will be posted on CSBA's website on April 1, 2017.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and vote for eligible CSBA candidates. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Dr. Susan Craig, Director, Student Services
Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:        February 22, 2017
SUBJECT:  Williams Case Settlement Quarterly Report

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

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

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

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

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

Staff is now reporting that between October 1, 2016 and December 31, 2016 there were 16 Williams Complaints filed during this time period. There were five complaints regarding Common Core Mathematics materials at Berkeley High School and 11 complaints regarding a teacher vacancy at an elementary school. In all instances, a violation of Education Code 35186 was not substantiated.

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 

STAFF RECOMMENDATION:
Receive the Williams Case Settlement Quarterly Report for information.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Superintendent
FROM:       Timothy White, Executive Director of Facilities
DATE:        February 22, 2017
SUBJECT:  Community Engagement Process

BACKGROUND INFORMATION:
A number of times in the recent past, the Board has discussed improving its construction design review and approval process.  A number of improvements were made by Cabinet in the spring of 2013.  Our last policy meeting to finalize this process was January 30, 2017.  Community feedback suggests that additional improvements are needed.  Staff had originally planned to propose an Administrative Regulation, but no corresponding Board Policy exists, so staff is proposing procedures until such time as the Board adopts a Policy.  Please see the attached proposed procedure as an informational item.  Also attached to the proposed procedure is a document prepared and approved by the Construction Committee which addresses the same subject.  In addition to the procedure, plans are being made for regular internal updates to ensure that Principals are aware of construction plans, and can in turn inform their communities of plans and opportunities for feedback.

This procedure does not govern all projects in the Facilities Plan. Some small projects that replace a single system such as a roof or heating system would not be subject to the regulation.

FISCAL IMPACT:
There will be some additional mailing and signage costs which will be absorbed in the construction project budgets. 

STAFF RECOMMENDATION:
Review and comment on the Procedure for Construction Design Review and Approval

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Donald Evans, Ed. D., Superintendent
FROM:            Pasquale Scuderi, Assistant Superintendent, Ed. Services
                      Patricia Saddler, Ed.D., Director, Educational Services
DATE:             February 22, 2017
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. 

LCAP Timeline for the Remainder of the Year

January - February

• Stakeholder Engagement Sessions
• King (AVID)..........................1/18
• Longfellow (Leadership).......2/2
• Willard (Leadership).............1/20
• BHS......................................2/6
• BTA......................................TBD
• OFEE...................................TBD
• RTI.......................................TBD
• Literacy................................2/10
• P&O.....................................2/21
• BTA .....................................2/3
• Longfellow............................2/2
                     

March

• 3/13 - EAC gets draft recommendations for LCAP, include at least one action or service to discontinue
• 3/16 - PAC gets draft recommendations for LCAP, include at least one action or service to discontinue
• 3/22 - Board gets draft recommendations for LCAP, include at least one action or service to discontinue

April

• 4/5 - First draft of LCAP Budget presented at Board

• 4/10 - LCAP draft presentation to EAC
• 4/20 - LCAP draft presentation to PAC

May

• 5/1-5/12 - Public Comment period on LCAP draft
• 5/3 - Board LCAP draft presentation
• 5/7 - Recommendations for LCAP personnel changes
• 5/28 - Superintendent’s Response to PAC LCAP Comments

June

• 6/14 - LCAP Final draft and budget Public Hearing
• 6/28 - Final LCAP Approval

POLICY/CODE:
BP 0460

FISCAL IMPACT:
N/A

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D,  Superintendent      
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:        February 22, 2017
SUBJECT:  Update on Extended Learning Programs (LEARNS and BEARS) 

BACKGROUND INFORMATION:
BUSD currently runs extending learning programs during the school year through either the Links Enrichment, Academics, and Recreation to the Needs of Students (LEARNS) or Berkeley’s Excellent Academic Road to Success (BEARS) program at all 14 elementary and middle schools. 12 of the sites are LEARNS locations and seven of the sites are BEARS locations, with both programs at five locations. This school year we have already served 2,667 students in the LEARNS program and 220 students in the BEARS program. 

Two programs exist due to the differences in the requirements of the two funding sources, the After School Education and Safety grant for LEARNS and California Department of Education’s Child Development Programs for BEARS. In addition to these funding sources, both programs charge parent fees on a sliding scale. BEARS provides a fully subsidized program for families that qualify.

The LEARNS program had funding from the 21st Century Community Learning Centers grant up until 2014.  An application was submitted for the grant this year with hopes to receive up to $480,000 in funding for next school year. 

Through the two programs, all children are served; no child is turned away due to inability to pay. Morning programs operate from 7:00 a.m. until the start of the school day at eight sites, all seven BEARS sites and one LEARNS site. After school programs operate from the time students are dismissed from the regular school day until 6:00 pm every day that school is in session. The LEARNS program operates during all days school is in session. The BEARS program also operates during all breaks for a total of 240 days of the year.

The extended learning programs support children in reaching their full potential by providing academic support, recreational activities, and enrichment classes in a safe and structured environment. The program strives to strengthen the link between the schools and families and to provide a seamless day. By working directly with teachers, staff, families, and school based programs we are better able to advance student learning. 

Overview of 2016-17 Program

This year the extended learning program is focusing on building the program through staff development, collaboration with school day staff, increasing technology opportunities, building program efficiencies, and providing equitable opportunities for all students. 

Program Planning for the Future

The goal of the extended learning program is to provide a program that supports our students and the needs of our families. This includes increasing the collaboration with the school day staff to best support the learning that is occurring during the school day to extend the learning opportunities for students, especially our students needing extra support; increasing access to technology; and building partnerships with the community including the City of Berkeley, UC Berkeley, community organizations, and local businesses.

POLICY/CODE:
Ed Code 8482-8484

FISCAL IMPACT:
N/A

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        February 22, 2017
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014.  Data in this report are current as of January 31, 2016. This report includes updates of all active construction projects.  Maintenance projects are detailed in the Maintenance Quarterly Reports.    

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent                 
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         February 22, 2017
SUBJECT:   Aligning Science Instruction at Berkeley High School with the Next Generation Science Standards (NGSS)

BACKGROUND INFORMATION:
The purpose of this item is to inform and preview for our Board and community the developing direction of a reimagined science program at Berkeley High School. Beginning with a design and pilot year in SY 2017-2018, and moving toward a proposed full implementation of both new content and a new course sequence in SY 2018-2019 (concurrent with the timelines of the proposed redesign of the 9th grade program), the BHS Science Department, BHS Leadership, and the BUSD Educational Services Division are partnering to successfully transition to the Next Generation Science Standards through:

-A forthcoming proposal to change our current high school course sequence from Biology (9), Chemistry (10), electives (11/12) to Physics (9), Chemistry (10), Biology (11), electives (12).

-Moving towards a BHS science experience that emphasizes more physical science than our current program offers

-Introducing and piloting up to 10 sections of 9th grade physics during the 2017-2018 school year, and transitioning to all 9th graders taking physics by 2018-2019.

-Redesigning our current chemistry and biology courses so that they align more closely with NGSS.

9th Grade Physics as well as revisions to the course content of biology and chemistry represents a first step towards the overall and concurrent BHS redesign effort. One of the explicit goals of the redesign is to improve achievement among students who bring multiple risk factors and historical patterns of struggle with them to high school. Staff believes that the shift to a "Physics First" progression supports this overarching goal.

We know that the redesign is not only about shifting the structure of our school, but also about changing the curriculum and methods in our classrooms. With the shift to an NGSS Physics course in the 9th grade we will have a strong 9th grade program with Physics, Math 1, Ethnic Studies and CCSS-aligned Freshman English.

Additionally, the NGSS (Next Generation Science Standards) involves methods and content that are significantly different from what is currently offered and/or accessed in the BHS science department. The most notable differences are:

• Physics is an integral part of the NGSS, yet only about 20% of BHS students study physics before graduation

• Engineering, Earth Science, and Space science are key curricular areas of the NGSS, yet BHS has no current offerings in Earth Science or Space Science, and limited offerings related to any type of engineering

Our current offerings in Biology, Chemistry, and Physics are aligned to the 1998 California Science Framework.

To move forward and align with NGSS content and methods, students in several districts are taking a three year sequence of high school science. Note that this is the official recommendation of the Alameda County NGSS Rollout, and it stands in contrast the two year science requirement currently in place for BHS graduation. Discussing the pros and cons of a three year science requirement at BHS will be included within upcoming discussions on NGSS as well as within the overall redesign of BHS.

Next Steps

BHS Leadership, the BHS Science Department, and the District’s Educational Services Division will be bringing proposals for new coursework, textbooks, and a revised science course sequence to the Board for discussion and action in the coming months.

Concurrently, staff will be proposing shifts within existing budgets for professional learning and curriculum development to the Board during the upcoming discussions on the Superintendent’s Budget Priorities for 2017-2018 in order to support this work.

We anticipate proposed shifts in dollars within both the common core implementation budget  (a subset of the overall general fund budget priorities) as well as through an upcoming proposed revision of the three-year Educator’s Effectiveness Block Grant that the Board approved in November of 2016.

Reallocating funds within these two areas would support:

• Development of new curricula in our core course offerings (Physics (9), Chemistry (10), Biology (11)

• Evaluation and piloting of accompanying texts and instructional materials

• Collaboration time for teachers to act as curriculum leads in physics, chemistry, and biology to adjust course scope, sequence, and methods in ways that will align with NGSS requirements.

• Support summer curriculum development, workshop attendance, etc.

Tonight’s item serves as a broad preview of developing plans for science content and instruction at BHS.

Later this Spring, staff will present detail on the proposed curriculum change and subsequently seek approval to both pilot a 9th grade physics course in SY 2017-2018, as well to revise and reorganize the scope and sequence of both Chemistry and Biology. That proposal will also include a request to begin implementing and offering the new three-year sequence in the fall of 2018 as part of a new universal 9th grade curriculum at BHS.

POLICY CODE:
Board Policy 6142.92
Ed Code 99224

STAFF RECOMMENDATION:
Receive this report.

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.