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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:30 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

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:   April 12, 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:            Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources    
DATE:             April 12, 2017
SUBJECT:      Elimination/Reduction of Specified Classified Positions

BACKGROUND INFORMATION:
Due to lack of work, student enrollment in programs, and/or lack of funds from various funding sources (Measure H Parcel Tax, Nutrition Restructure, BSEP Funding/Measure E1, ASES Grant, Parent Fees and PTA) the following classified positions in the District need to be eliminated/reduced.

In light of Education Code requirements, it is necessary for the Governing Board to set forth and act on the eliminations/reductions so that each employee affected can be timely notified as prescribed by law and collective bargaining agreements.  We regret the hardship this notification process places on employees and the uncertainty of their future employment status.

POLICY/CODE:

Education Code Sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:

None.

STAFF RECOMMENDATION:

Approve Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Service
Javetta Cleveland, Deputy Superintendent
DATE:         April 12, 2017
SUBJECT:   Out-of-State Travel Request

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

49th Annual CA State Athletic Directors Conference, Reno, NV-April 20-23, 2017
Approval for Britta Fjelstrom, BHS Athletic Director, to attend this four-day, three-night conference in Reno, NV. The 49^th annual CSADA conference, “Athletics: Building Character Through Competition”, offers an array of workshops and meetings throughout the four days. The focus of the conference is building quality coaching teams, student character and athletic integrity, cultivating an environment of excellence and a plethora of other coach/player team-building and enriching workshops. Requested by: Erin Schweng, Berkeley High School Principal.

2017 Latinx Racial Equity Leadership Retreat, Sante Fe, NM, April 21-22, 2017
Approval for Veronica Valerio, Principal at Le Conte Elementary School to attend this two-day, one-night conference.  The 2017 Latinx Racial Equity Leadership Retreat will develop her knowledge, will, skill and capacity for equity transformation at the personal, professional and organizational levels.  Requested by Maggie Riddle, Director of K-8 Schools.  Travel and conference cost is approximately $1,466.00 and will be paid using K-8 Schools General Funds designated for Administrator Professional Development.

Training Workshop at the Microbid Factory, Montreal, Canada 
Approval for Transportation Manager Tim Mull and Interim Shop Supervisor Stephen Williams to attend a three day two night training workshop at the Microbird factory in Montreal, Canada. Training, lodging and travel to and from the facility is being offered to School Bus industry professionals for the purpose of providing current information re: green technology, cost saving measures and safe, clean transportation of school pupils.

The training classes include, but not be limited to the following:

• Cassis and  bus  body construction
• Fuel  options (Gas/Diesel/Propane/Electric)
• Maintenance that will support cost cutting measures and fuel economy
• Grant and  alternative funding opportunities 

This training workshop will be an invaluable resource for the Transportation Department as we provide fiscally sound support to Berkeley Unified School District's Special  Needs Department  and  the  Student Assignment   Program.  The trip will be funded by Microbird Corporation with the exception of $360 in food cost. 

Tyler Technology conference San Antonio, Tx. May 8, 9 and 10, 2017
Approval for Router-Schedulers Erendira Sanchez and Chawn Jackson to attend a three day two night educational conference sponsored by Tyler Technology. This conference is an annual event that provides Routers from across the country  the opportunity to network with each other and attend a wide variety of specific training courses that are designed to enhance systems and software knowledge and proficiency.

The training classes include, but will not be limited to the following:

Information Technology: This track focuses on product integration and technology best practices.
Resource Room: Register for a resource room session to gain some one-on-one product assistance and guidance from staff.
Telematics: The telematics track has sessions on Tyler Drive, data analytics and getting the most from in-vehicle technology.
Traversa: This track focuses on the Traversa roadmap, product functionality and best practices.
Tyler-wide: Tyler-wide classes that all Versatrans and Traversa clients can attend.
Versatrans: This track covers Versatrans functionality, best practices and how to use the software to meet your district's needs.

This training workshop will be an invaluable resource for the Transportation Department as we improve efficiency in the routing of BUSD’s General Education and Special Education Pupils.  The trip will be funded by the Transportation Department; total cost $4,181.66.

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:         April 12, 2017
SUBJECT:   Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Camping at Presidio, San Francisco, CA, May 11-12, 2017
Approve participation of 19 first-grade students, one teacher and 10 other adults from Rosa Parks Elementary School on a two-day, one-night field trip to Camping at Presidio in San Francisco. The group will depart Rosa Parks Elementary at 10:00 a.m. on Thursday, May 11th, and return at 12:00 p.m. on Friday, May 12, 2017. Students will learn about local ecology and natural history. They will participate in team building activities. Most significantly, students will have time to play in nature, which studies prove boosts academic success.  Students will sleep in gender specific tents on the grounds. The cost per student is $175.00 paid for through a grant and parent donations. No student will be denied access based on inability to pay. Requested by Paco Furlan, Rosa Parks Principal

Tilden Park/Wildcat View, Berkeley, CA, May 5-6, 2017
Approve participation 170 sixth grade students, eight teachers and 12 other adults from Willard Middle School on a two-day, one night field trip to Tilden Park/Wildcat View for the purpose of viewing level land forms and geographical fixtures. Students will experience the local wilderness and plan activities which incorporate math, science and physical education. The students will sleep in gender specific tents located in separate camping areas and both will have adult chaperones. The cost of $25.00 per student will be paid by parent donations.  No student will be denied access based on inability to pay.  Requested by Debbie Dean, Willard Middle School Principal

Yosemite Photography Retreat, Yosemite National Park, May 14-16, 2017
Approve participation of eighteen Berkeley High School Photography students, one teacher, and two other adult on a three-day, two-night field trip to Half Dome Village (formerly Camp Curry), Yosemite National Park. The group will depart Berkeley High School at 9:00 a.m. on Sunday, May 14th and return at 10:00 p.m. on Tuesday, May 16, 2017. Parents will transport their students to and from Yosemite in private vehicles and Parent Driver Forms, insurance information and copies of the CA Driver's licenses have been provided.  The purpose of the trip is to allow students to visit a national treasure and experience photographing the landscape.  The group will also tour the Ansel Adams Museum. During our stay students will reside in gender-specific tents at Half Dome Village. Students will purchase their own food from restaurants and the cafeteria in the village. The cost of $30.00 per student is being paid by fundraising, parent donations, and a private donation. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal. 

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        April 12, 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. UC Regents Career Academy Support Network to provide consultation and coaching services for the CTE course at BHS for the period from 4/1/17-9/15/17. The cost will not exceed $10,500. To be paid from CTE Grant. Requested by Wyn Skeels.
2. Downtown Berkeley YMCA to provide physical educational activities for LeConte Elementary School for the period from 8/30/16-7/16/17. The cost will not exceed $28,462. To be paid from Restricted Donations. Requested by Veronica Valerio.
3. Increase in contract amount, PO#170421, to Cal Live Scan to provide additional fingerprinting rolling services for Human Resources Department. The original purchase order in the amount of $9,500 was issued on 8/9/16. The additional amount requested is $4,500 for a total amount of $14,000. To be paid from General Fund. Requested by Evelyn Bradley.
4. Dr. Will Walker to provide student engagement sessions at BHS and Berkeley Technology Academy for the period from 3/29/17-6/30/17. The cost will not exceed $12,000. 
   
   To be paid from General Fund. Requested by Susan Craig. 
   
   

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:            April 12, 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. PGE donated $150.00 for materials/food/supplies to the Principals’ discretionary fund at Cragmont.
2. City of Livermore donated $1,112.00 for the Green Team Committee to the Principals’ discretionary fund at Rosa Parks School.
3. LeConte PTA donated $28,462.00 as payment for Berkeley YMCA P.E. teacher and yard supervision MOU. Requisition # 95687.
4. PG&E/ Dean Schmitz donated $500.00 to Your Cause, LLC Trustee for PG&E Corp Foundation Matching Gifts for Rosa Parks School.
5. General Mills Foundation donated $5,000.00 to the Principals’ discretionary fund at Thousand Oaks School.
6. Your Cause/ AT&T donated $40.00 to the Principals’ Discretionary Fund for Thousand Oaks School.
7. Partner Restaurants from the “Dine Out” campaign donated a total of $5,119.90 to the Gardening and Cooking program.  Pizza Moda donated $308.65, Tacubaya LLC. donated $900.00, Benchmark Pizza donated $255.00, Homemade Inc. donated $225.00, Gregoire Inc. donated $226.25,  Fallanghina LLC. donated $800.00, Anjas Kitchen LLC. donated $695.00,  Poulet donated $100.00, The Cheese Board Collective Inc. donated $1,200.00,  The Local Butcher Shop LLC. donated $410.00. 
8. LeConte PTA donated $9,000.00.
9. Wells Fargo Matching Gifts Program donated $969.25 to Rosa Parks School.
10. Robin Dunitz donated books valued at $90.00 to Berkeley High Schools’ Library.
11. A total of  $3,600.00 was received from, Yoshi’s Japanese Restaurant Inc. donated $3,100, Julie Schalet donated $400.00 and Northern Crest Inc. donated $100.00 to Visual and Performing Arts program.
12. Chevron donated $1,000.00 to the Principals’ Discretionary Fund for materials and Food Suplies.

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 $ 63,763.05 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:        April 12, 2016
SUBJECT:   Ratification of Master Contracts for Nonpublic Agency Services for the 2016-17 School Year 

BACKGROUND INFORMATION:
Seneca Center collaborates with the District to provide support for Counseling Enriched Classrooms (CEC). The District provides the certificated teachers for the classrooms. Seneca provides the following supplemental service providers for each classroom: two mental health assistants, one classroom counselor and a supervisor. There are six classrooms: one at Cragmont, one at King Middle, one at Longfellow Middle, and three at Berkeley High Schools.

In addition, Seneca Center provides 1:1 Aides for students who require intensive Mental Health supports who are not served in CEC classes.

On Our Own, Gateway Learning Group and Analytical Behavior Consultants provide 1:1 Behavior Intervention services for students with intensive behavioral needs.  On Our Own stopped services with Berkeley Unified School District on March 23, 2017.  The services provided by On Our Own are being replaced with the Gateway Learning Group, Analytical Behavior Consultants and another pending vendor. 

POLICY/CODE:
Education Code 39800
Board Policy 3310 

FISCAL IMPACT:  
See attached spreadsheet of total Non-Public Agency service (NPS) contracts for 2016-17 including reductions to previously board approved contracts.  Total Special Education budget is $3,093,995 for NPA services.  The total of $832,165 will be paid within the Special Education budget.

STAFF RECOMMENDATION:
Ratify the 2016-2017 Non Public Agency services.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:          Board of Education
FROM:        Beatriz Leyva-Cutler, Director
DATE:         April 12, 2017
SUBJECT:   Approval of Resolution 17-060 Marking March 21st to April 23, 2017 as the
Cesar E. Chavez and Dolores Huerta Commemorative Period in Berkeley Unified School District and City of Berkeley            

BACKGROUND INFORMATION:
In 1999, the Berkeley School Board passed a Resolution supporting legislation to establish a State holiday in Honor of Cesar Chavez, which would, among other things, support an annual commemoration of Cesar Chavez in public schools, colleges, and universities on March 31st. This legislation passed and the State declared Cesar Chavez’ birthday, March 31, an official State holiday.

The Resolution before us would establish March 8 to April 8 as the period of recognition for Cesar Estrada Chavez and Dolores Huerta in the Berkeley Unified School District and City of Berkeley.

This Resolution also affirms that the District will redouble its commitment and strongly urge principals to (1) hold school based celebrations, (2) engage students in service to their community, as an alternative to a school holiday, during the commemorative period (March 8 to April 8), and (3) publicize widely what each school is doing to honor the legacies of Cesar Chavez and Dolores Huerta.

School Board directors and city councilmembers are encouraged to participate in the Chavez/Huerta Commemorative Events at their respective “adoptive schools” and districts.

POLICY/CODE:
None 

FISCAL IMPACT: 
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 17-060.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities         
DATE:         April 12, 2017
SUBJECT:  Acceptance of the Citizens Construction Oversight Committee Annual Report

BACKGROUND INFORMATION:
Attached to this cover memo is a report from the Citizens Construction Oversight Committee.  The Committee has the responsibility to receive and review copies of the annual independent performance audit and the financial audit of Measure I expenditures.  The Committee also has the responsibility to create an annual report and to present that report to the Board not later than 60 days after the completion of the annual audit of the year-end close of the District's financial records.  The Board accepted the audits on February 8, 2017. The Annual Report by the Citizens Construction Oversight Committee is being presented within the 60 day period.

Attached to this cover memo is the Committee’s Annual Report. Committee Member(s) plan to present their report at the Board meeting.  

FISCAL IMPACT:
There is no fiscal impact to accept the Report.  

STAFF RECOMMENDATION:
Accept the Citizens Construction Advisory Committee Annual Report.  

BERKELEY UNIFIED SCHOOL DISTRICT
TO: Donald Evans, Ed.D., Superintendent 
FROM: Timothy White, Director of Facilities 
DATE: April 12, 2017 
SUBJECT: Approval of Architect Selection for the Renovation and Modernization of the King Auditorium

BACKGROUND INFORMATION:
The reallocation plan for Measure I was approved at the January 11, 2017 Board of Education Meeting.  Board members directed facilities staff to include high priority renovations to the King Auditorium as part of Measure I.    

A Request for Proposal for architectural services was issued on 
February 23, 2017 and included two phases: high priority needs which includes replacement of deteriorating chairs, plus an assessment for long term needs which may include replacement of required systems.  

Facilities staff is requesting approval of a contract with CAW Architects for the project.  This will include analysis of accessibility, heating, ventilation and air conditioning, electrical systems, lighting, production systems and finishes upgrade needs.  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
Public Contract Code 10510.4 – 10510.9.
 
FISCAL IMPACT
Contract award by this action: $212,000.  To be Paid from Measure I Bond Funds.  Project budget to be established with the Measure I Bond Reallocation.

STAFF RECOMMENDATION
Approve contract with CAW Architects for the Renovation and Modernization of the King Auditorium Project. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Donald Evans, Ed.D., Superintendent 
DATE:        April 12, 2017
SUBJECT:  Berkeley Public Schools Fund Presentation

BACKGROUND INFORMATION: 

The Berkeley Public Schools Fund was established in 1983 (then the Berkeley Public Education Foundation) to begin to addressing the impacts of Proposition 13 budget cuts on Berkeley public schools. It was one of the first public education foundations formed in California.

The Schools Fund contributes to the success of every student in every Berkeley public school, from Pre-K through 12th grade. Its mission is to inspire and empower an extraordinary public education for every child through investing directly in teachers’ ideas and creativity with Classroom Grants, Strategic Impact Grants and Teacher Summer Fellowships. Every year, the Schools Fund awards over half of the teachers in the District grants, with the goal of contributing to equity and excellence across the District. Coupled with its Berkeley Schools Volunteer program, the Schools Fund annually contributes $1.5 million in grants and in-kind donations.

Erin Rhoades, the Executive Director of the Berkeley Public Schools Fund, will present to the Board details on the Fund's grant programs and its current strategic priorities.

Berkeley Unified School District is grateful for the contributions the Berkeley Public Schools Fund has made to our schools. 

STAFF RECOMMENDATION:
Receive this report. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Donald Evans, Ed.D, Superintendent
FROM:         Dr. Susan Craig, Director of Student Services
Pasquale Scuderi, Assistant Superintendent
DATE:          April 12, 2017
SUBJECT:    Update on Restorative Justice Practices

BACKGROUND INFORMATION:
School communities that are welcoming and inclusive for all students are environments where it is safe for students to form healthy relationships, engage in creative activities, think critically, and develop their identities and unique talents and interests as they grow through childhood and adolescence.

District staff regularly review data, including the California Healthy Kids Survey (CHKS), attendance, discipline, and academic assessment results, to assess the District’s positive school climate efforts in t. Additionally, research related to best practices in positive school climate, including Positive Behavior Interventions and Supports (PBIS) and Restorative Practices (RP), is reviewed to assist the staff in determining the programs and strategies that will best support BUSD’s efforts to continually improve and expand supports for students and schools, considering the resources available.

While many students report feeling safe and supported at school, according to 2016 CHKS data, many do not. Additionally, while suspensions have decreased steadily and dramatically for the past several years, the data reveals that African American students and Students with Disabilities are being suspended at disproportionately high rates, which continue to be concerns. Another important school climate indicator, student attendance, shows improved attendance trends in recent years, yet also reveals disproportionately high rates of absenteeism for African American students, and Economically Disadvantaged students. While many students are thriving in BUSD’s schools, this is not the case for all, and the initiatives and work discussed this evening reflect a continuing commitment to improve these outcomes

The positive school climate initiatives that are currently in place in BUSD schools are discussed below along with proposed initiatives. Many of the initiatives focus on school-wide systems of support while others provide targeted support for identified students, with the goal of providing every student with the supports needed to experience success in school academically and socially. It is BUSD’s priority that all schools are welcoming and inclusive;  places where attendance and achievement are high, behavioral issues are rare, and where the school to prison pipeline does not exist.

Positive School Climate Initiatives at Elementary Schools

Positive Behavior Interventions and Supports, Welcoming Schools, and Toolbox

PBIS was introduced into all BUSD elementary schools approximately 10 years ago. PBIS reinforces the three “B’s”: Be Safe, Be Respectful, and Be Responsible. A fourth “B”, Be an Ally, is also reinforced in BUSD. Additionally, BUSD emphasizes the importance of the “PBIS with RICE” approach: PBIS needs to be Restorative, Inclusive, Culturally Responsive, and Equitable in its implementation. Every BUSD elementary school has a PBIS Team. PBIS Teams received two full days of professional development in the implementation of PBIS strategies this school year.

Welcoming Schools was implemented in all BUSD elementary schools seven years ago. The curriculum includes lessons on embracing family diversity, gender stereotyping, and name-calling, supports gender inclusive schools, and helps prevent and increase awareness around bullying.

ToolBox is a social-emotional curriculum that was introduced into all BUSD elementary schools three years ago. ToolBox provides students with strategies for self-regulation and resolving conflicts. The “Tools” include: Breathing, Patience, Empathy, Listening, and Forgiveness. ToolBox also includes a parent training component so that the strategies can be practiced and reinforced at home.

Behavioral Health Supports/Counseling

Limited behavioral health support has been provided at all BUSD elementary schools for approximately eight years through Mental Health Services Act funding. This has been supplemented with Local Control Accountability Plan (LCAP) and site discretionary funds in recent years to increase the amount of support. Sites either contract with a community-based provider or have hired a BUSD staff member who is a qualified behavioral health provider. Behavioral health support includes one-one-one counseling, for identified students, and theme-based small group support, such as social skills groups, girls’ empowerment groups, etc. Students with a higher level of need than can be supported through available resources, for example students who have faced significant trauma, may be referred to more intensive services with an outside agency.

A trauma-informed systems pilot, in which all staff are trained in trauma-informed practices, is currently being piloted at Franklin PreSchool, Berkeley Arts Magnet, and Willard Middle School.

Behavior Specialists

Behavior Specialists (Psychologists who are Board Certified Behavior Analysts) provide behavioral support around identified students at BUSD elementary schools through analyzing student behavior and providing recommendations and coaching to the student’s teacher and other staff regarding strategies to prevent/reduce incidents of concerning behavior and reinforce desired behavior.

Restorative Justice

A restorative justice (RJ) pilot, in which an RJ Coordinator from SEEDS has been providing staff training and direct RJ services to students, has been offered at Washington School for the past two years. This pilot has been funded by LCAP. Teams from all BUSD elementary schools recently participated in a full-day of RJ professional development, which was facilitated by SEEDS, in order to increase staff capacity to implement RJ at their sites.

PeaceKeepers Academy

The PeaceKeepers Academy is LCAP-funded and has been available to fourth and fifth grade students from all sites by referral. The facilitator is Gonzalo Rucobo, who is the Executive Director of Bay Area PeaceKeepers in Richmond. PeaceKeepers is a weekly group for students who have engaged in unsafe behavior at school. The program focuses on building self-esteem, making decisions that lead to success, and learning how to engage in healthy relationships with peers and adults. In addition to the weekly group, Gonzalo provides outreach support, including site and home visits, as needed. There are presently seven students participating in the elementary PeaceKeepers group. A few parents/guardians attend with their child.

Proposed Initiative: Positive School Climate Leaders

In order to improve on the implementation of the above initiatives in elementary schools, and expand the capacity of staff to deliver PBIS, Toolbox, and RJ (Welcoming Schools already offers a stipended position), District staff is recommending that a stipended position for a Positive School Climate Leader be offered at every elementary school, at a cost of $2,000 per site.

Gender Inclusive Schools Curriculum

A gender inclusive schools curriculum which was developed by BUSD teachers is currently being launched in elementary schools.

Positive School Climate Initiatives at Middle Schools

Positive Behavior Interventions, and Supports and ToolBox

PBIS and ToolBox were introduced into BUSD middle schools (grade six only for ToolBox) in the same timeframe that they were introduced into elementary schools, although there have been some inconsistencies with regard to implementation. Teams from all three middle schools participated in two full days of professional development around PBIS this year.

Middle School Counselors

BUSD middle schools have had counselors for many years, thanks to Berkeley Schools Excellence Program (BSEP) funding. All middle school counselors have PPS credentials, many have additional therapeutic credentials including MFTs and LCSWs. Counselors provide academic support, 504 plans, and behavioral health support to students. The counselor is often the first staff person a student will go to for support around sensitive matters. Additionally, all middle schools have counseling interns who provide supervised behavioral health support to students.

Middle School Restorative Justice Counselors

Every middle school has one LCAP-funded RJ Counselor; these positions are new this year. The RJ Counselors provide training for staff, including circle keeping, restorative conversations, and using affective language, and facilitates community circles, harm circles, and peer training for students. Additionally, the RJ Counselors each have a caseload of approximately 30 identified high needs students who receive additional monitoring and support from their RJ Counselor.

Alcohol, Tobacco, and Other Drug Prevention Education and Intervention Counseling

BUSD middle and high school students report high rates of marijuana use and increased use of nicotine-containing products (Electronic Cigarettes) in recent years, according to CHKS. Every BUSD middle school has an ATOD Counselor from New Bridge, a non-profit that specializes in substance use prevention and treatment. The position is funded through a grant at Willard, and by BUSD as a budget priority at King and Longfellow. Students may be referred to the program by staff or parents/guardians, or may self-refer. Services include prevention education, one-on-one counseling, ao of the positions are new this year. The Intervention Counselors meeting regularly with each focal student and connect the students and their families with resources at the school and in the community. Attendance, behavior, and academic progress are monitored and discussed with the students and their parents/caregivers. Attendance has proven to be a significant challenge for many focal students. The STARS (Students Taking Attendance Really Seriously) has been put in place to support attendance with 19 freshmen focal students receiving recognition recently for perfect attendance during a randomly selected week. Positive phone calls home and rewards for avoiding conflict have been a successful strategies for us Intervention Counselors.

McKinney-Vento Counselor

BUSD has a full-time McKinney-Vento Counselor who provides case management support and services to BUSD’s many students and families who are in temporary housing due to economic hardship. Due to the high concentration of homeless students at BHS, the McKinney-Vento Counselor has daily office hours at BHS, in order to provide intensive support for this vulnerable population.  

Health Center

BHS has a school-based Health Center run by the City of Berkeley, which offers site-based health services including limited behavioral health support for BHS students.

Restorative Justice Coordinator

BHS and BTA both have an RJ Coordinator. At BHS, the RJ Coordinator is an Independent Contractor and at BTA the RJ Coordinator is from SEEDS. The RJ Coordinator at each site facilitate staff training, community circles, harm circles, and other RJ-related practices.

Alcohol, Tobacco, and Other Drug Program

New Bridge provides ATOD prevention and intervention support at BHS and BTA, similar to the middle school program. The BHS program is funded by the City of Berkeley and the BTA program is grant-funded. Students are referred to ATOD counseling as an alternative to suspension for possession  and/or use of drugs and alcohol (first offense) at school. The program includes 4 sessions of ATOD counseling over 4 weeks.   More than 70 BHS students have been referred to the ATOD program during the 2016-17 school year.

Behavioral Health Support at BTA

Berkeley Mental Health provides a behavioral health clinician at BTA 20 hours per week. The services at BTA are fully utilized due to the high concentration of students who have experienced trauma.

Green Dot Strategies for By-Standers

Approximately 30 BHS and BTA staff participated in a four-day Green Dot training in August 2016 to learn strategies for intervening in incidents of power-based violence, including sexual harassment, bullying, and other forms of discrimination and harassment, at school. The Green Dot program is currently being implemented at BHS. Thirty BHS students were recently trained in the Green Dot strategies.  Another student training this year is being planned.

PeaceKeepers

PeaceKeepers, as previously described, is available to high school students by referral, who would benefit from additional support around decision-making.  Students who have engaged in expellable acts are generally referred to PeaceKeepers. There are presently eight high school students participating in PeaceKeepers.

Impact Justice – Restorative Justice for Sexual Harm

BUSD has contracted with IJ to provide restorative justice in sexual harm cases. RJ with IJ for serious cases that may result in expulsion is available District-wide by referral from the Director of Student Services. In addition, IJ has recently begun providing on-site RJ services one day per week at BHS.

PeaceKeepers Academy

PeaceKeepers, which was described in the elementary section, is available to middle school students, by referral, who would benefit from additional support around decision-making.  Students who have engaged in expellable acts are generally referred to PeaceKeepers. There are presently seven middle school students participating in PeaceKeepers.

Justice in Action Youth Court

JIA is a middle school youth court program offered by the City of Berkeley, with Ginsi Bryant as the facilitator. Students are referred to JIA as other means of correction, in lieu of suspension, to address misconduct. The JIA process includes a hearing before trained peers, and assigned consequences, that may include community service and restitution. JIA has been utilized at King and Longfellow, with a few referrals from King and over 20 referrals from Longfellow, but not at Willard this year.

Positive School Climate Initiatives at High Schools

High School Academic Counselors

Similar to the middle school counselor, all high school counselors have PPS credentials, many have additional therapeutic credentials including MFTs and LCSWs. Counselors provide academic support, 504 plans, and behavioral health support to students. The counselor is often the first staff person a student will go to for support around sensitive matters.

High School Intervention Counselors

BHS has three LCAP-funded Intervention Counselors who each provide intensive case management support for 60 identified high needs “focal” students. One of the positions has been in place for three years and two of the positions are new this year. The Intervention Counselors meeting regularly with each focal student and connect the students and their families with resources at the school and in the community. Attendance, behavior, and academic progress are monitored and discussed with the students and their parents/caregivers. Attendance has proven to be a significant challenge for many focal students. The STARS (Students Taking Attendance Really Seriously) has been put in place to support attendance with 19 freshmen focal students receiving recognition recently for perfect attendance during a randomly selected week. Positive phone calls home and rewards for avoiding conflict have been a successful strategies for us Intervention Counselors.

Esquire Apprentice Youth Court

Local attorney, Elizabeth Coleman, facilitates a youth court program at BTA. Several BTA students have been trained in the youth court process this year. They will be attending a session at Alameda County Superior Court this month.

Student Engagement and Support Program

A Student Engagement and Support Program, facilitated by Dr. Will Walker, will begin at BHS and at BTA in April. Identified students will attend weekly sessions. The goal is to help students create a pro-social sense of identity that promotes positive social/cultural and economic values, knowledge, and leadership in their families, communities, and schools that lead to gainful employment and life-long learning. Anger management and social intelligence are a primary element of the programing. The nine-week, evidence-based program, PATTS (Peaceful Alternatives to Tough Situations) curriculum will be one programming element used with students. Additionally, each student will create an Individual Success Plan that will set academic, social emotional and career goals. Parent workshops will also be offered.

High School Behavioral Health Assessment

Alameda County Behavioral Health Services is facilitating a high school behavioral health assessment to understand needs and gaps in mental health/counseling services at BHS. Focus groups of over 30 BHS students, which were comprised of students of color across several learning communities, were recently conducted to obtain data from students related to behavioral health needs and services at BHS. The findings from these groups will be disseminated late May. The focus groups were facilitated by BHS Intervention Counselors.

Restorative Practices Matrix

A number of progressive districts have created matrices to guide teachers and administrators in the response to behavioral issues that arise even when the supports and initiatives described here are fully-funded and in place. The Matrix Subcommittee of the BUSD’s Restorative Practices Advisory Committee has been working for the past year to develop a discipline matrix and is currently receiving feedback from various stakeholders across the District.  The plan is to present at least a portion of the matrix to the Board for approval before the end of the semester.

Note that while many of the suggested interventions that will be recommended in the Matrix are available at all school sites in BUSD, some of them are not. Stakeholders should utilize those interventions available at their specific school sites; beyond that, the Matrix may assist in encouraging information sharing between school sites about which interventions and programs work best to address certain behaviors.  The final draft of this document will also indicate which suggested interventions are not yet sufficiently funded in the District; the hope is that including them in the Matrix nonetheless will articulate an aspirational vision for decreasing the use of traditional exclusionary discipline, and will facilitate budget decisions.

Next Steps

This document provides a comprehensive summary of current initiatives and efforts to improve school climate across BUSD.

The accompanying presentation this evening will focus on continuing work in the areas of restorative justice and restorative practices at our secondary schools in particular. These specific efforts, outlined amongst the wide K-12 efforts above, form the core of a District-wide effort to continue to shift from punitive, exclusionary school discipline to restorative means of correction, and to improve school climate in general. Staff’s goal is to continue to develop and refine systems and cultures within our schools that both prevent harm and behavioral issues wherever possible, and also provide responses that are more thoughtful, creative, and effective when those behavioral issues arise or when harm impacts members of our school communities.

STAFF RECOMMENDATION:
Receive the report from staff.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Javetta Cleveland, Deputy Superintendent
DATE:           April 12, 2017
SUBJECT:   Facilities Rental Agreement with REALM Charter School

Presented tonight for action is the question whether the Board should approve a lease agreement with REALM Charter School for the 2017-18 school year at the District’s 1222 University Avenue site. REALM’s Executive Director, Victor Diaz, as well as REALM’s Board President, Jabari Mahriri, will be present to answer the Board’s questions.

BACKGROUND INFORMATION
Over the past six years, BUSD has provided fiscal oversight; renewal of charter petition with conditions to improve finances; quarterly fiscal oversight letters including findings and recommendations; advances of REALM’s share of local property taxes, facilities and special education services at below market rate; and the ability to defer payments for those services.  (REALM is no longer using the District’s special education services.)  Additionally, BUSD could have issued a notice of violation due to fiscal mismanagement much earlier than January 2017, but chose not to in order to give REALM more time to comply with its financial obligations.

Despite these efforts, REALM’s financial situation remains extremely precarious.  According to REALM’s independent auditor, the school’s structural deficit leads to “substantial doubt about [REALM’s] ability to continue as a going concern.”  On several occasions, we have advised REALM to seek a charter from West Contra Costa County, where the school would potentially enjoy access to facilities and increased state finances, but REALM has not chosen to take advantage of this option.

With respect to facilities, under Education Code section 47614 (“Proposition 39”) if a charter school’s projected in-District Average Daily Attendance is at least 80, the district is obligated to provide facilities to the school at no cost other than the charter school’s pro-rata share of the District’s facilities costs from its unrestricted general fund.  Until June 30, 2016, BUSD provided facilities for the REALM High School at 1222 University (West Campus), as an alternate to Proposition 39, even though REALM High School has never met the 80 student requirement to be housed in our facilities.  REALM Middle School occupies a private facility not owned by BUSD.

In November 2015, REALM chose not to request facilities under Proposition 39 for the 16-17 school year due to the projection that the number of in-district students would not be high enough to trigger BUSD’s obligation to provide facilities under Proposition 39. 

Instead, REALM requested that BUSD lease the facilities at 1222 University Avenue (West Campus) to REALM High School for the 16-17 school year. In exchange for the District agreeing to lease the facilities to REALM for one year (through June 30, 2016), REALM agreed to waive its right to request facilities under Proposition 39 for the next five years.  The total rental fee for the year was approximately $94,000 plus maintenance and custodial costs of approximately $186,000. 

The document that the BUSD Board considered when approving this lease agreement expressly stated that “REALM will vacate the premises at the end of fiscal year 2016-17.”  The lease itself states, “It is understood between the parties that the District shall have no obligation to provide any facilities, furnishings or equipment to the Charter School, either under Proposition 39, or in lieu of Proposition 39, and that the District does not intend to provide facilities, furnishings or equipment to the Charter School under Proposition 39, or in lieu of Proposition 39, for the five school years following the termination of this agreement in June, 2016.”

With these express understandings memorialized in the lease, the BUSD Board approved the lease on January 13, 2016 at a public meeting.  The lease itself was signed by all relevant parties on the next day, January 14, 2016.  The Board also communicated publicly to the BUSD community that the space REALM High School was using at 1222 University (West Campus) would be available beginning July 2017, and would be able to address some of the District’s critical space needs.

Since that time, BUSD has made arrangements for the use of most of the space that REALM High School is currently occupying at West Campus.  For example, major construction is planned for late spring of 2017 in that site, and other, more immediate uses are also planned.  Specifically, BUSD intends to relocate its Visual and Performing Arts (VAPA) department to Building E, in order to utilize four classrooms that are critically needed for instruction at Willard Middle School.  BUSD has also scheduled Career Technical Education (CTE) classes to take place at West Campus this summer.  Finally, BUSD intends to use the classrooms on the first floor of 2020 Bonar as conference rooms and office space as soon as this summer, which will alleviate a critical shortage of such space at the District headquarters.

On January 25, 2017, the BUSD Board considered, in open session, two items related to REALM.  First, after a public discussion, the Board approved a Notice of Violation to REALM that was based on:

• Fiscal mismanagement
• Failure to maintain positive ending fund balance
• Failure to avoid deficit spending
• Failure to make sufficient budget cuts to avoid chronic deficit spending
• Failure to maintain adequate cash flow.
• Violation of conditions of the Board’s December 9, 2015 renewal of the charter

Second, the Board voted to decline a request from REALM to extend its lease in the current space at 1222 University. BUSD declined the request to lease the space REALM is currently occupying because the District has already committed that space for other critical BUSD needs.

March 1, 2017 Request

REALM recently indicated, in a letter dated March 1, 2017 that it would be interested in leasing space at 1222 University, even if the District could not provide all of the space that REALM is currently occupying, and even if it meant changing REALM’s academic calendar.  REALM also offered to make clear to the REALM community that he would not seek another extension of the lease.  In response to that request, staff inventoried all of the space at 1222 University (West Campus) in order to determine whether there might be sufficient classrooms for REALM to utilize during the 17-18 school year.

March 15, 2017 Response

Following staff’s review of the available facilities, the Superintendent responded to REALM’s March 1, 2017 letter on March 15, 2017.  The Superintendent’s response to REALM explained that there are eight classrooms in Building A at 1222 University that are available during the 17-18 school year.  Two of these eight classrooms are configured as science labs.  The gym may be used as included in the rental agreement (“as is” condition).

These spaces are the only spaces available at West Campus facility during the 17-18 school year, and they are available only during these dates: 8/1/17 through 5/31/18. These dates are non-negotiable and reflect the needs of our Facilities department and commitments the District has made on behalf of the District’s students.

The Superintendent informed REALM that he was prepared to present to the BUSD Board a proposal from REALM that meets the conditions outlined below:

1. A 17-18 school calendar that conforms to the available dates, approved and signed by each member of the REALM Board, as well as by the President of the Berkeley Federation of Teachers (BFT).
2. A written agreement that neither REALM’s Executive Director nor any member of the REALM Board will seek, in any public or private forum, an extension of this lease. 
3. A written agreement that REALM’s Executive Director will send a public announcement, in writing, to the REALM community within one week of the signing of the lease that explains to the REALM community that he will not be seeking an extension of the lease at any time, for any reason.
4. The terms of the lease agreement will include a requirement that rent priced at $3 per square ft (at 22,109 SF) plus REALM’s share of the District’s actual maintenance cost (1.47%) and custodial support (1.2 FTE) estimated at $25,000 monthly and will be deducted from REALM’s share of local property taxes on a monthly basis beginning August 1, 2017 and ending May 31, 2018.
5. A written commitment that REALM will continue to meet all five conditions of the charter petition renewal, as well as the condition of the notice of violation requiring REALM to provide a remedy by July 1, 2017, the date that the REALM’s adopted budget is due.
6. A written commitment that REALM will pay the balance of the 16-17 facilities cost for the period of January 1, 2017 to June 30, 2017, estimated at $145,000, within 30 days of the billing date of September 15, 2017, as included in the current financial MOU agreement.

Lease Presented for Approval

REALM has met the conditions outlined above, and staff has drafted the lease agreement that is attached to this memo.  The lease agreement includes classroom and gym space, timeline, cost and conditions of the lease agreement

FISCAL IMPACT:
The charge for the Charter School’s use of the facilities shall be $3.00 per square foot based on a total square footage of 22,109 for a total of $66,327, plus maintenance cost at a percentage of square foot of the District (22,109/1,500,000 or 1.47% of actual cost) estimated at $115,000 and a 1.2 FTE (10 months) custodian estimated at $70,000, for a total estimated cost of $251,327.

Payments shall be made monthly and deducted from in-lieu of property taxes beginning August 1, 2017 and ending May 1, 2018 in the amount of $25,000 monthly with the balance owed based on actual cost being deducted on May 1, 2018. 

RECOMMENDATION:
Approve the attached rental agreement with REALM Charter School. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        April 12, 2017
SUBJECT: Approval of Resolution 17-059, Providing for Very Low, Low Income Housing Development Exemption from previously adopted Level I Residential Development Fees for School Facilities

BACKGROUND INFORMATION:
The Berkeley Unified School District Board of Education approved its Developer Fee Justification Study and adopted Level I School Facilities developer fees at its regularly scheduled meeting of February 8, 2017. 

At the meeting Board members requested that staff return with language to consider an exemption for “non-profit, affordable housing development.”  

Staff has prepared the attached resolution, tying a proposed exemption to the information and policy direction provided in the 2015-2023 City of Berkeley Housing Element.  The Housing Element provides clear data supporting both the significant issues of housing affordability and direct policies to mitigate those issues. 

If the District adopts the proposed Very Low, Low-Income fee exemption it will be aligned with the City of Berkeley in a coordinated approach to support maximum development of new affordable housing in the City. 

Staff reviewed issues related to targeting the proposed exemption to non-profit development and is unable to craft language that would be logically consistent with the policy direction included in the Housing Element. Providing an exemption expressly for ‘non-profits would potentially open the districts process to unwanted challenges. Allowing the fee exemption to include for-profit development will have the highest impact on affordable housing development by further encouraging development projects which include Very Low, Low-Income units. 

Secondly the Board has authorized an additional 30 days to the original 60 day implementation delay recommended by staff. This pushes the District’s implementation of developer fee collection to May 8, 2017. 

The board has asked for a clarification of the residential developer fee appeals process. It should be noted that the commercial appeals process was presented as a part of the original board package concerning this item on February 8, 2017. This process is governed by Education Code 17621 and is attached to the board memo.

POLICY/CODE:
School Facilities support for educational program.

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

STAFF RECOMMENDATION:
Although this is being explored at the direction of the Board, District staff does not recommend that the Board approve Resolution 17-059, Providing for Very Low, Low Income Housing Development Exemption from previously adopted Level I Residential Development Fees for School Facilities, dated April 12, 2017.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
Pat Saddler, Ed.D, Director, Programs and Special Projects
DATE: April 12, 2017
SUBJECT: Local Control and Accountability Plan (LCAP) Update

BACKGROUND INFORMATION:
The Local Control and Accountability Plan (LCAP) is intended to be a planning and accountability tool for districts, describing the actions and expenditures that are expected to improve student outcomes. The LCAP Recommendations for 17-18 were first presented to the Board on 3.22.17 as an information item. The information provided included recommended program actions and services from the Ed Services Team that have been shared with the Education Advisory Committee, District English Learner Advisory Committee, Parent Advisory Committee and the TK - 8 Principals.  

Three student groups were consulted, two at the middle school level and one at BTA.  Additionally these recommendations have been posted on the BUSD LCAP Webpage, with information for the community to provide questions and feedback.  

In accordance with Board Policy 0460, the proposed recommendations were posted on the BUSD Website, LCAP page to provide the broader community an opportunity to review the recommendations and provide feedback.  At the April 26 Board meeting, staff will request early approval  of several specific actions prior to the final LCAP approval in June.  This request is being made because these actions impact teacher placement and having an earlier decision will provide the principals with the needed information to finalize their Single Plan for Student Achievement (SPSA). The actions that are accompanied with (*) will be presented to the Board for early approval on April 26 which is after they have been discussed with Educator Advisory Committee (EAC), Parent Advisory Committee (PAC) and Superintendents Budget Advisory Committee (SBAC), Student Advisory Groups and District English Learner Committee (DELAC).  Because BP 0460 requires that a Board majority has expressed support for actions that are approved early, we are requesting that Board members indicate at the April 12 meeting whether they have any concerns with the actions that we plan to bring forward for early approval on April 26.

LCAP Supplemental Budget for 2017 thru 2019:

Proposed Changes for 2017-2018:

Superintendent’s recommended services to be discontinued:

• RJ Pilot at Washington School.........................................................$25,000

• RJ Training by SEEDS.....................................................................$15,000

• Sixth Grade Bridge...........................................................................$60,000

At the April 26 meeting staff will provide additional information on the following actions and services that can be used to inform the Board’s direction and support of these specific actions and services:

• Equity TSA Position

• Coordination of Services Position

• Next steps for Professional Learning Communities Training

• Classified Employee Teacher Credential Pathway

• English Language Development Model

• Intervention Counselor

Additionally, information will be provided on how the staff has completed a review of performance, identified areas of:  greatest progress, greatest need and performance gaps.  This is aligned with the California Department of Education’s cycle of continuous improvement.  This process will require that BUSD identify actions and services that specifically targets student groups that have not made progress on the state indicators.                                                 

LCAP approval timeline:

April:

4/10 - LCAP draft presentation to EAC

4/12-  Provide the Board with draft recommendations and supporting data

4/13-4/14 - LCAP draft recommendations presented to students

4/17 - LCAP draft recommendations presented to DELAC

4/18 - LCAP Recommendations presented at SBAC

4/20 - LCAP draft presentation to PAC

4/26 - LCAP draft plan presentation

May:

5/1-5/12 - Public Comment period on LCAP draft

5/3 -  EL Program Presentation

5/28 - Superintendent’s Response to PAC LCAP Comments

5/31 - LCAP Plan presentation

June:

6/14 - LCAP Final draft and budget Public Hearing

6/28 - Final LCAP Approval

POLICY/CODE:
BP-0460

FISCAL IMPACT:
LCAP Supplemental Funds

STAFF RECOMMENDATION:
Receive the preliminary recommendations.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:     Board of Education
FROM:         Policy Subcommittee
DATE:           April 12, 2017
SUBJECT:   Policy to Protect Students and Employees from Government Registry

The Policy Subcommittee discussed and reviewed this policy at its February 24 and March 24 meetings, and presents it to the full Board tonight for information and first reading.

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: April 12, 2017
SUBJECT: Quarterly Report of the Number of Students Referred for Expulsion 

BACKGROUND INFORMATION:
BUSD’s Board Policy 5144.3 specifies the following: “On a quarterly basis, the Superintendent or designee shall report to the Board the number of students who are currently being referred for expulsion, the number of students who are serving or have served since the most recent report a suspension longer than five days, and the number of students currently serving expulsions, including suspended expulsions. This report shall include relevant demographic information for each of these students, to the extent that the demographic data does not disclose confidential student information.”

The information contained in this quarterly report is for the first quarter of the year, January 1, 2017 through March 31, 2017.

The Number of Recommendations for Expulsion This School Year:

There have been 18 instances of students being recommended for expulsion this school year, involving a total of 17 students. (One student has been recommended for expulsion twice.) Some of the recommendations for expulsion did not move forward through the expulsion process because either expulsion was not mandatory and other means of correction were used to address the conduct, or the student had an IEP or 504 Plan and it was determined that the behavior in the incident was a manifestation of the student’s disability. (Note that, under federal law, a student’s placement cannot be changed due to behavior that is determined to be a manifestation of his or her disability.)

The Number of Students Serving a Suspension Longer than Five Days:

One student served a suspension longer than five days between January 1 and March 31, 2017. 

The Number of Students Who Were Referred for Expulsion:

Six students were referred for expulsion between January 1 and March 31, 2017.

The Number of Students Currently Serving an Expulsion:

Twelve students served an expulsion between January 1 and March 31, 2017. 

One student served an expulsion with the expulsion order not suspended and eleven students served an expulsion with the expulsion order suspended.

Expelled Student Demographic Data

Demographic information for expelled students during this quarter will be provided to the Board confidentially.  Due to the small number of students, it is not possible to provide this information publicly without risking the inadvertent identification of one or more students.  At the end of the second quarter of 2017, staff will publicly provide aggregate demographic information for the entire 2016-17 school year.

POLICY/CODE:
Board Policy 5144.3

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the information regarding the number of students referred for expulsion.

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.