The Presiding Officer will call the meeting to order at 5:30 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 5:30 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 5:15 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))
3.2 Collective Bargaining (Government Code Section 54957.6(a)) Lead Negotiator: Legal Counsel Roy Combs—BFT Negotiations
3.3 Collective Bargaining (Government Code Section 54957.6(a)) District Negotiator: Evelyn Tamondong-Bradley—UBA Negotiations  
3.4 Conference with Legal Counsel—Existing Litigation (Government Code Section 54956.9(a))
3.5 Public Employment Appointment (Government Code Section 54957)
  3.5.1 Principal, Cragmont Elementary
  3.5.2 Vice Principal, Berkeley High School 
  3.5.3 Vice Principal, Berkeley High School 
  3.5.4 Program Coordinator, Independent Study
  3.5.5 Program Manager, Special Education

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of May 31, 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 Annual Declaration of Need for Fully-Qualified Educators
11.3  Elimination/Reduction of Specified Classified Positions
11.4 New AP Biology Textbook Request for BHS—Adoption 
11.5 New Physics Textbook Request for BHS—Adoption 
11.6 Approval of New Course in Common Core Math Progression: Math 3
11.7 Approval of New Course in Common Core Math Progression: Advanced Math 3 
11.8 Educator Effectiveness Block Grant Approval 
11.9 Repeal of BP 6162.51: Standardized Testing and Reporting Program 
11.10 Approval of Out-of-State Travel Requests
11.11 Approve Increase in LEARNS Fees for the 2017-18 School Year
11.12 Approval of Contracts/Purchase Orders for Service Contracts
11.13 Approve an Increase to a Contract with WLC Architects for the Malcolm X Building Exterior Rehabilitation Project
11.14 Approval of Architect Selection for Architectual and Engineering Services of West Campus Old Main Gym Project to House Visual and Performing Arts
11.15 Approval of MOU between the Alameda County Workforce Development Board and the Workforce Innovation and Opportunity Act Mandated One-Stop/America’s Job Centers of California (AJCC) Partners
11.16 Approval to Enter Into an Agreement with Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (formerly Western States Contracting Alliance Bid 
11.17 Approval to Enter Into an Agreement with Supplyworks to Continue to Purchase Custodial Supplies as a part of a Piggyback Bid with Fresno Unified as a Part of US Communities Bid
11.18 Approval of Board of Education Meeting Minutes for May 31, 2017

12. Presentation 
12.1 Using Data to Drive Instruction: Willard Middle School Math Professional Learning Community (10 min)

13. Discussion 
13.1 Local Control and Accountability Plan (LCAP) Draft (30 min)
13.2 Complaints Policy for First Reading (30 min)
13.3 BP 5117: Inter District Permits for First Reading (30 min)

14. Information 
14.1 Governor’s May Revision Update
14.2 Revision to AR 1312.1: Complaints Concerning District Employees, Policies, Procedures and Practices
14.3 AR 6162.51 State Academic Achievement Tests
14.4 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:       May 31, 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:          May 31, 2017
SUBJECT:    Annual Declaration of Need for Fully-Qualified Educators

BACKGROUND INFORMATION:
Annual declaration to the California Commission on Teacher Credentialing is required for those teachers whose assignments require emergency permits or limited assignment permits.  The Board of Education must certify that there are insufficient fully-credentialed applicants for certain positions.  Based on previous years’ actual needs and projections of enrollment, the District must indicate the number of permits it estimates it will need for the following school year.

In cases where the District must employ teachers without the proper certification, the California Education Code and Title V Regulations provide the options for legal compliance.

The California Commission on Teacher Credentialing requires that this declaration be approved during a regularly-scheduled public meeting, and that this declaration not appear as part of the consent calendar.

In light of the fact that teaching credential programs are graduating fewer teacher candidates, accompanied by increased staffing needs due to recent increased funding for school districts, the need for teachers who are not fully credentialed has increased.

POLICY/CODE:
Education Code Section 44225.7
Title V Regulation 80026

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Approve the projected permit needs as specified in the annual declaration.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:            May 31, 2017
SUBJECT:    Elimination/Reduction of Specified Classified Positions 

BACKGROUND INFORMATION:
Due to the District budget priorities for the SY1718 this position will be eliminated. 

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:               Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:           May 31, 2017
SUBJECT:    New AP Biology Textbook for Berkeley High School - Adoption 

BACKGROUND INFORMATION:
The following textbook was presented to the Board on May 17, 2017 for consideration and is now being recommended for adoption.

The following AP Biology textbook is being recommended for adoption: Campbell, Biology in Focus, AP Edition, published by Pearson Education, © 2017. Note that this is the AP Biology version of a textbook that has been approved for use at Berkeley High School: Campbell Biology.

Description: Campbell, Biology in Focus, AP Edition, published by Pearson Education, is the latest version of the number 1 textbook used by school districts to teach AP Biology. Biology in Focus is specifically designed for AP Biology high school use, with content that emphasizes AP Biology learning objectives. At the same time, numerous case studies and experimental inquiry tutorials emphasize the science and engineering practices associated with the Next Generation Science Standards.

Campbell, Biology in Focus, AP Edition is tightly correlated with the curriculum framework associated with the new AP curriculum (which was completely redesigned in 2012). The structure reflects a correlation with AP Biology’s four “Big Ideas:” Evolution; Flow of energy and matter; Information Transfer, and Systems Properties and Interactions.

Additional Details:

• ISBN #: 9780133102178
• Pearson Education Phone # 800-848-9500
• Format: Hard-cover
• Textbook Link: http://www.pearsonschool.com

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$140.97/ times 100 copies = $14,097

STAFF RECOMMENDATION:
Adopt the new textbooks for Berkeley High.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:           May 31, 2017
SUBJECT:    New 9^th Grade Physics Textbook for Berkeley High School-Adoption 

BACKGROUND INFORMATION:
The following textbook was presented to the Board on May 17, 2017 for consideration and is now being recommended for adoption.

The following 9^th grade Physics textbook is being recommended for adoption: Physics, A First Course-Second Edition, published by CPO Science, a member of School Specialty Science, © 2012.

Physics A First Course, 2nd Ed., Hsu, Tom.

The Berkeley High School science department is adopting the Next Generation Science Standards (NGSS). We are changing our course sequence to offer Physics in the 9th grade as part of our efforts to better align our courses to NGSS. As part of this process, we are recommending this textbook for our 9th grade Physics course.

Physics A First Course uses guided inquiry, contemporary ideas and language, hands-on investigation, and multiple learning styles to help all students learn and succeed. The program provides a solid grounding in physics concepts and a firm foundation for further science study. Consistent with the “Physics First” philosophy, this Teaching and Learning System offers connections to the real world as well as to technology, chemistry, biology, and other sciences. The program reinforces math and science comprehension skills while it builds an understanding of how the world works.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
For 2017-2018 (10 sections):
$28,283

For 2018-2019: (17 additional sections)
$44,549

STAFF RECOMMENDATION:
Adopt the new textbooks for 9th grade Physics

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Pasquale Scuderi, Asst. Superintendent
FROM:       Wyn Skeels, Vice-Principal Berkeley High School
DATE:        May 31, 2017
SUBJECT: New Course in Common Core Math Progression: Math 3

BACKGROUND INFORMATION:
Math 3 will be the next course in our Integrated Common Core Course Progression.  As with the Math 1 and Math 2 courses that we began last year, Math 3 will continue weaving together various mathematics curricular areas, such as algebra, advanced algebra, trigonometry, geometry, probability, and statistics.  Students leaving Math 3 will be prepared for AP Statistics, AP Calculus AB and IB SL Math. 

We will continue to use the curriculum as written for the Math 1/Math 2/Math 3 sequence by the Mathematics Vision Project.  Teachers received MVP training and our teachers in the last two years have been supported by district funds for time to collaborate and develop this course for our BHS context.  This funding is being significantly reduced for Math 3.

The focus of the Math 3 course is on logarithmic, polynomial, and rational expressions, equations, and functions and comparing their characteristics and behavior to those of linear and exponential relationships from Math 1 and quadratic relationships from Math 2. This course includes standards from the conceptual categories of Number and Quantity, Algebra, Functions, Geometry, and Statistics and Probability. For the Math 3 course, instructional time should focus on five critical areas: (1) extend the laws of exponents to logarithmic functions; (2) explore logarithmic, polynomial, and rational functions; (3) find the inverse of functions; (4) extend trigonometric ratios to the unit circle, graphing trigonometric functions, and exploring trigonometric function application; and (5) an introduction to normal distribution and statistical sampling.

Student engagement with course content will develop skills required for all 8 of the Common Core Standards of Math Practice: (1) make sense of problems and persevere in solving them; (2) reason abstractly and quantitatively; (3) construct viable arguments and critique the reasoning of others; (4) model with mathematics; (5) use appropriate tools strategically; (6) attend to precision; (7) look for and make use of structure; and (8) look for and express regularity in repeated reasoning.

The UC Office of the President (UCOP) gave “c” approval for this course in March, 2017. 

POLICY/CODE:
Ed Code 51054
Board Policy 6141 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Math 3

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Pasquale Scuderi, Asst. Superintendent
FROM:       Wyn Skeels, Vice-Principal Berkeley High School
DATE:        May 31, 2017
SUBJECT: New Course in Common Core Math Progression: Advanced Math 3

BACKGROUND INFORMATION:
Advanced Math 3 will be the next course in our Integrated Common Core Course Progression.  As with the Advanced Math 1 and Advanced Math 2 courses that we began last year, Advanced Math 3 will continue weaving together various mathematics curricular areas, such as algebra, advanced algebra, trigonometry, geometry, probability, and statistics.  Due to the accelerated nature of the advanced classes, by the end of Advanced Math 2, student will have completed half the topics covered in regular Math 3.  This allows students to learn the additional topics in Advanced Math 3 necessary to be prepared for AP Calculus BC and IB HL Math. 

We will use “Precalculus: Mathematics for Calculus” by Stewart, James; Redlin, Lothar; Watson, Saleem published by Brooks/Cole 4^th edition as the primary text (this textbook has been previously adopted by the board).  A supplemental textbook we will use is “Contemporary Precalculus: A Graphing Approach” by Hungerford, Thomas, W. Saunders by College Publishing Second Edition. Additionally, we will continue to use the curriculum as written for the Math 1/Math 2/Math 3 sequence by the Mathematics Vision Project.  Teachers received MVP training and our teachers in the last two years have been supported by district funds for time to collaborate and develop this course for our BHS context.  This funding is being significantly reduced for Math 3.

The focus of the Advanced Math 3 course is on extending and deepening students understand of functions covered in Advanced Math 1 and Advanced Math 2. This course includes standards from the conceptual categories of Number and Quantity, Algebra, Functions and their Inverses, Logarithmic Functions, Trigonometric Functions, Geometry, and Statistics and Probability. For the Advanced Math 3 course, instructional time should focus on eight critical areas: (1) linear, quadratic, polynomial, exponential, logarithmic, and trigonometric functions; (2) polar coordinates; (3) vectors; (4) analytic geometry; (5) sequences and the Binomial Theorem; (6) probability: conditional and combinatorial; (7) an introduction to the statistics topics of normal distribution and standard deviation; and (8) a preview of calculus. 

Student engagement with course content will develop skills required for all 8 of the Common Core Standards of Math Practice: (1) make sense of problems and persevere in solving them; (2) reason abstractly and quantitatively; (3) construct viable arguments and critique the reasoning of others; (4) model with mathematics; (5) use appropriate tools strategically; (6) attend to precision; (7) look for and make use of structure; and (8) look for and express regularity in repeated reasoning.

The UC Office of the President (UCOP) opened their submission window for course approval on 2/1/2017, and we have submitted this course for “c” approval in early April.  

POLICY/CODE:
Ed Code 51054
Board Policy 6141

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Advanced Math 3

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D, Superintendent
FROM:    Pasquale Scuderi, Assistant Superintendent for Educational Services
DATE:     May 31, 2017
SUBJECT:      Educators Effectiveness Block Grant (Revisions to the 11/2/16 Approval)

BACKGROUND INFORMATION:
On November 2, 2016 the Board approved proposed expenditures from the Educator’s Effectiveness Block Grant. Staff is tonight requesting approval for adjustments to that November approval that address select needs more specifically; notably in the area of professional learning and program development for high school science.

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

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

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

Funds can be expended in any of the following areas:

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

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

Area 3: Content Standards: Professional Development for teachers and administrators aligned to state adopted content standards (Common Core State Standards in Math and English

Language Arts, Next Generation Science Standards, English Language Development Standards, Career Technical Education Standards, and future standards in other subject areas, including history and social science, social and emotional learning, and visual and performing arts)  

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

Educational services is recommending that the following revised expenditures  be approved  for the purposes and in the amounts reflected in the table below. Each item is detailed in a narrative that follows and includes a notation on the amount reduced or added since the November 2, 2016 meeting, as well as whether the item or service is new

EDUCATORS EFFECTIVENESS BLOCK-GRANT: 2015-2016 through 2017-2018 (Approved 11/2/2016 Proposed Revision 5/31/2017)

BTSA $834,000 (No change from the November 2, 2016 proposal).

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

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

New Teacher Professional Learning $20,000 (Reduced by $7,000 from 11/2/16 and moved to new high school NGSS item)

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

Middle School ELA $111,000 Staff is recommending a concentrated investment in personnel and professional learning to adopt the new ELA curriculum, build capacity in middle school teachers, and support the continuous improvement of ELA instruction and academic literacy in grades 6 through 8 during the first district-wide adoption of a universal language arts curriculum.

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

• Provide professional development for the Adopted ELA program for middle school

Provide professional development to:

• ELA Department Chairs

• Middle School Lit Coaches at regular weekly meetings

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

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

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

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

Cultural Work and Equity Strategies $40,000 ( Reduced $20,000 from the original proposal which is now included in BSEP Professional Development)

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

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

Principal and Administrator Trainings $30,000 (No change from the November 2, 2016 proposal)

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

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

Instructional Assistant (IA) Development $6,000 (Reduced by $2300)

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:     Board of Education
FROM:            Policy Subcommittee
DATE:             May 31, 2017
SUBJECT:   Repeal of Outdated Policy

BACKGROUND INFORMATION:
Our current Board Policy and Administrative Regulations regarding state standardized testing were last revised in 2006 and refer to testing that is no longer administered in this or any other district.  Board Policy 6162.51, attached here, is an optional policy that the Policy Subcommittee recommends repealing. Again, it refers to a testing regime that is no longer in place.  The repeal of this policy was presented for first reading on May 17, 2017 and is presented tonight for approval. 

Staff is currently revising Administrative Regulation 6162.51, which governs the details of the administration of state standardized testing.  When those revisions are ready for review, they will come to the Policy Subcommittee and then to the Board for information.  We expect this to occur this semester. In the meantime, lack of updated policies or regulations will not impede our ability to administer the Smarter Balanced Assessments this year.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         May 31, 2017
SUBJECT:  Approval of Out-of-State Travel Requests

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

Columbia University/Teachers College 2017 Summer Institute-July 29-August 5, 2017
Approve participation of Matilde Merello, Rosa Parks TCRWP literacy coach and Rosa H. Moreno, Rosa Parks teacher to attend the 2017 August Writing Institute -Teaching of Reading Conference in New York City. The institute is designed for educators and curriculum specialists who are committed to turning classrooms into richly literate reading and writing workshops. This training is relevant to the TCRWP programs at the elementary schools. All expenses for this conference: airline, hotel and registration have been pre-paid by the attendees who will seek reimbursement upon completion of the conference. Requested by Paco Furlan, Principal, Rosa Parks Elementary School.

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, Superintendent       
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
Aaron Jorgensen, Program Supervisor of Extended Learning
DATE:        May 31, 2017
SUBJECT:  Increase in LEARNS Fees for the 2017-18 School Year

BACKGROUND INFORMATION:
Staff proposes to change LEARNS fees in three areas:  fees for Kindergarten students, middle school fees, and an adjustment to the income levels of all sliding fee scales.  An increase in fees is necessary due to increased operating costs of the program.  Salary increases after last year’s classification study have created an increase in salary costs of approximately $70,000 program wide.  Nutrition costs have also risen by $80,000 due to a decrease across the district in the percentage of students qualifying for Free and Reduced-Price Meals.  This creates a total increase of approximately $150,000 in operating costs this past year. 

Currently, families of Kindergarten students pay the same fee as families with students in grades 1-5, however the Kindergarten students start the program 45-60 minutes earlier than other students.  A second elementary fee scale for Kindergarten students will be added to account for this difference. 

At present, middle school fees do not provide a fee structure for students attending part-time, and families desiring to have their student attend part-time are penalized.  The proposed fee structure will provide a sliding fee scale based on number of days attending weekly.  Income levels of the sliding fee scales have not increased since they were last set in July of 2013.  The income levels will be changed to align with the California Department of Education income guidelines for Child Care and Development Programs.

The following charts show the proposed fees for Kindergarten students, elementary students, and middle school students. 

The proposed costs represent an average increase of approximately 10% across the board, and LEARNS would potentially generate an additional $150,000 per year to sustain and support the program.

Elementary School Fee Scale - Kindergarten

Elementary School Fee Scale – 1^St–5^TH Grade

Middle School Fee Scale

Income Levels

It is important to note that no child is turned away from the LEARNS program due to an inability to pay for services. All students are served, and staff works with parents to ensure fees are reasonable and permit any student who enters the program to remain. 

POLICY/CODE:
Ed Code 8482-8484

FISCAL IMPACT:
An increase in revenue of approximately $150,000 annually to maintain a balanced LEARNS budget.

STAFF RECOMMENDATION:
Approve the increase in LEARNS fees effective for the 2017-18 school year. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        May 31, 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. American Services Roofing to provide roofing services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $25,000.  To be paid from Measure H.  Requested by Steve Collins.
2. Anderson Carpet to provide carpet services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $15,000.  To be paid from Measure H.  Requested by Steve Collins.
3. Bay Cities Pyrotector to provide fire system inspections and services for  the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $75,000.  To be paid from Measure H.  Requested by Steve Collins.
4. Calco Fence to provide fencing services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $10,000.  To be paid from Measure H.  Requested by Steve Collins.
5. DeWalt Services to provide operable backboard services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $15,000.  To be paid from Measure H.  Requested by Steve Collins.
6. Diablo Plumbing to provide plumbing services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $10,000.  To be paid from Measure H.  Requested by Steve Collins.
7. Dinelli Plumbing to provide plumbing services for the Maintenance Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $30,000.  To be paid from Measure H.  Requested by Steve Collins.
8. Dream Ride Elevator to provide elevator maintenance and repair services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $85,000.  To be paid from Measure H.  Requested by Steve Collins.
9. Galeana Glazing to provide window replacement services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $12,000.  To be paid from Measure H.  Requested by Steve Collins.
10. Golden Gate Fire Equipment to provide fire extinguisher services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $10,000.  To be paid from Measure H.  Requested by Steve Collins.
11. Jet Mulch to provide wood chip installation services to District playgrounds for the period from 7/1/17 - 6/30/18.  The cost will not exceed $15,000.  To be paid from Measure H.  Requested by Steve Collins.
12. Johnson Controls to provide HVAC services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $12,000.  To be paid from Measure H.  Requested by Steve Collins.
13. One Source Engineering to provide boiler services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $90,000.  To be paid from Measure H.  Requested by Steve Collins.
14. R.H. Tinney to provide HVAC services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $20,000.  To be paid from Measure H.  Requested by Steve Collins.
15. Roto Rooter to provide plumbing services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $15,000.  To be paid from Measure H.  Requested by Steve Collins.
16. Shoreline Environmental Resources to provide Hazmat services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $30,000.  To be paid from Measure H.  Requested by Steve Collins.
17. Simplex Grinnell to provide fire alarm services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $10,000.  To be paid from Measure H.  Requested by Steve Collins.
18. Sun Light and Power to provide solar power services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $12,000.  To be paid from Measure H.  Requested by Steve Collins.
19. Syserco to provide HVAC services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $30,000.  To be paid from Measure H.  Requested by Steve Collins.
20. Younger-Wunar to provide general contracting and concrete services for  the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $20,000.  To be paid from Measure H.  Requested by Steve Collins.
21. Airgas to provide pool maintenance services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $15,000. To be paid from General Fund. Requested by Greg Williams. 
22. Aramark Uniform Services to provide uniform laundering services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $20,000. To be paid from General Fund. Requested by Greg Williams.
23. Big 4 Rents to provide rental services for tables & chairs for events for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $10,000. To be paid from General Fund. Requested by Greg Williams.
24. Certech to provide pest control management services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $60,000. To be paid from General Fund. Requested by Greg Williams.
25. City of Berkeley Refuse to provide refuse services districtwide for the period from 7/1/17 - 6/30/18. The cost will not to exceed $350,000. To be paid from General Fund. Requested by Greg Williams.
26. City of Berkeley Toxic Management Division to provide hazardous and toxic materials oversight services as needed districtwide for the period from 7/1/17 - 6/30/18. The cost will not exceed $13,000. To be paid from General Fund.Requested by Greg Williams.
27. City of Berkeley Transfer Station to provide transfer station and dumpster services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $75,000. To be paid from General Fund.Requested by Greg Williams.
28. InFocus Video to provide security camera installation & repair services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $50,000. To be paid from General Fund.Requested by Greg Williams.
29. Knorr to provide pool inspection & repair services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $13,884. To be paid from General Fund.Requested by Greg Williams.
30. Sentry Alarms to provide alarm monitoring services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $60,000. To be paid from General Fund.Requested by Greg Williams.
31. Sentry Alarms to provide alarm repair services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $10,000. TO be paid from General Fund.Requested by Greg Williams.
32. ServPro to provide fire and water cleanup and restoration services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $10,000. To be paid from General Fund.Requested by Greg Williams.
33. Shoreline Environmental Resources to provide Hazmat services for the  Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $40,000. To be paid from General Fund.Requested by Greg Williams.
34. SupplyWorks to provide custodial equipment repair services for the Operations Department for the period from 7/1/17 - 6/30/18. The cost will not exceed $15,000. To be paid from General Fund.Requested by Greg Williams.
35. Increase in contract, PO#171059, to La Cheim School to provide additional non-public school services for Special Education Department. The Board approved $48,580.80 on 8/24/16.  The additional contract amount will increase the cost by $32,000 for a total amount of $80,580.80. To be paid from Special Education Fund. Requested by Lisa Graham.

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:           Timothy White, Director of Facilities          
DATE:           May 31, 2017
SUBJECT:    Approve an Increase to a Contract with WLC Architects for the Malcolm X Building Exterior Rehabilitation Project

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

On March 9, 2016 the Board approved increasing the WLC contract $94,129 to provide design services for the Malcolm X Interim Housing project. On May 18, 2016 the Board approved increasing the WLC contract $107,000 to provide additional design services for the Malcolm X Building Exterior Rehabilitation Project and DSA close-out of legacy projects. On November 2, 2016 the Board approved an increase of $53,137.

There have been substantial unforeseen conditions in the project requiring additional design work by WLC Architects. The cost for this additional design work is $33,121.

POLICY/CODE:
Board Policy 3310. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         May 31, 2017
SUBJECT: Approval of Architect Selection for Architectural and Engineering Services of West Campus Old Main Gym Project to house Visual and Performing Arts

BACKGROUND INFORMATION:
The reallocation plan for Measure I was approved at the January 11, 2017 Board of Education Meeting which included a project budget of $4,537,500 for West Campus Old Main Gym Modernization and Renovation Project. 

The Visual and Performing Arts (VAPA) department is currently housed at Willard Middle School.  This summer we will be moving VAPA to its temporary location at West Campus in the E building because of Willard’s need for classroom space.  The Old Main Gym at West Campus will be the permanent home for VAPA.  The existing locker and shower room in the Old Main Gym are currently used as storage.  The goal of this project is to modernize the gym and renovate the locker and shower room to house musical instrument storage, meeting and office space for VAPA.

A Request for Proposal for Architectural Services was issued on April 20, 2017.  We received three (3) proposals which were reviewed by facilities and staff.      

Facilities staff is requesting approval of a contract with Byrens Kim Design Works to provide architectural and engineering services for the project.  The project will include staff input and District Facilities staff input. Deliverables will include design, construction documents and construction administration.

POLICY/CODE: 
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT: 
Contract award by this action: $366,800 to be paid from Measure I Bond Funds. 

STAFF RECOMMENDATION: 
Approve contract with Byrens Kim Design Works for the Architectural and Engineering Services of West Campus Old Main Gym Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans ED.d., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent, Business Services
DATE:          May 31, 2017
SUBJECT:  Memorandum of Understanding with Alameda County Workforce Development Board

BACKGROUND INFORMATION:
The Federal Workforce Innovation and Opportunity Act (WIOA) is requiring increased collaboration among public workforce development, rehabilitation, adult education and other sectors which have a stake in building a strong workforce. WIOA identifies adult schools in California as “mandated partners” with local workforce development boards. An MOU has been drafted, according to WIOA guidelines, specifying the contributions members of the Northern Alameda Consortium for Adult Education (NACAE) will make toward the goals and functions of the Alameda County Workforce Development Board. BUSD is being requested to participate in this MOU as a member of NACAE.

It is expected that no new costs will be incurred because of this MOU. Berkeley Adult School’s offerings of English as a Second Language, Adult Basic Education, Adult Secondary Education and Career Technical Education all align with the basic skills and job skills threads of ACWDB’s goals. Also, BAS hosts one of ACWDB’s America’s Job Centers / One-Stop Career Centers at the school site; this represents additional contributions to ACWDB functions.

POLICY/CODE:
Workforce Innovation and Opportunity Act (WIOA)

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve this Memorandum of Understanding with Alameda County Workforce Development Board.

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         May 31, 2017
SUBJECT:  Approval to Enter into an Agreement with Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (formerly Western States Contracting Alliance Bid)

BACKGROUND INFORMATION:
BUSD has utilized Grainger Industrial Supply under a State of California NASPO Value Point Contract for the past seven years to purchase a significant portion of our maintenance supplies.  The Board approved a not-to-exceed amount of $120,000 with Grainger for FY 2017.  We are requesting $120,000 for FY 2018.

POLICY/CODE:
Board Policy 3310

FISCAL IMPACT:
Cost to be paid from Measure H

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply for maintenance supplies for an amount not to exceed $120,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D, Superintendent
FROM:            Timothy E. White, Executive Director of Facilities
DATE:             May 31, 2017
SUBJECT:    Approval to Enter Into an Agreement with Supplyworks to Continue to Purchase Custodial Supplies as A Part of a Piggyback Bid with Fresno Unified as a Part of a US Communities Bid

BACKGROUND INFORMATION:
Supplyworks formerly known as Clean Source has been a District vendor for the past six years. The District has purchased custodial supplies, had equipment repaired and purchased custodial equipment from that vendor. The request for equipment repair is listed in the contracts page of this Board document. The Board approved a not-to-exceed amount of $260,000 with Cleansource (now Supplyworks) for Fiscal Year 2017.  We are requesting the same amount for Fiscal Year 2018.   

POLICY/CODE: 
Board Policy 3310

FISICAL IMPACT: 
Cost to be paid from the General Fund. 

BERKELEY PUBLIC SCHOOLS

President Alper called the meeting to order at 7:31pm. He reported that the Board convened to closed session at 6:00pm.

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 48918(c))
The Board heard an update on this case; no action was taken. 

Conference with Legal Counsel—Existing Litigation (Government Case 54956.9(a))

-OAH Case No. 2017040075
Motion to approve staff recommendation:
Leyva-Cutler/Hemphill and approved 3-0:
Ty Alper, President – Yes
Josh Daniels,  Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Judy Appel, Director -- Absent

Collective Bargaining (Government Code Section 54957.6(a)) Lead Negotiator: Legal Counsel Roy Combs-BCCE Negotiations
The Board postponed this item to a future meeting.

Collective Bargaining (Government Code Section 54957.6(a)) Lead Negotiator: Legal Counsel Roy Combs-BFT Negotiations
The Board heard an update and returned to closed session to further discuss; no action was taken.

Collective Bargaining (Government Code Section 54957.6(a)) District Negotiator: Evelyn Tamondong-Bradley-UBA Negotiations
The Board heard an update and provided direction; no action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
At the request of President Alper, item 12.8 was pulled for action.

Motion to approve agenda as amended:
Appel/Daniels and unanimously approved 6-0

RECOGNITION
Director of K-8 Schools Maggie Riddle introduced the Malcolm X students, winners of the 2017 Platinum Sneaker Contest from the Alameda County Transportation Commission. 

PUBLIC TESTIMONY

A total of 13 people addressed the Board: 

A parent thanked the District for designating at least one all-student restroom at each school and requested further progress on the implementation of a plan for gender neutral bathrooms in the District. 

Three students shared their experience with Restorative Justice.

Three parents commented in support of the bilingual program at Thousand Oaks.

The student elected to represent BHS on the Board during the 2017-18 school year introduced herself. 

A parent commented on budget priorities. 

The BHS tennis team thanked the Board.

Two parents commented on BUSD’s complaints policy and restorative practices.

COMMITTEE COMMENTS

Co-chair of the Parent Advisory Committee Mimi Pulich provided an update to the Board.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

President Alper congratulated the BHS tennis team for their historic conference championship, and congratulated Berkeley High baseball player Will Moscato for throwing a no-hitter against Bishop O’Dowd . 

Director Appel commented on the importance of student access to mental health services. She encouraged parents who have children who need mental health services to reach out to her.

Director Leyva-Cutler thanked the students who participated in the Cesar Chavez essay contest. She congratulated the classified staff who were recognized for their years of service to BUSD.

Director Hemphill will hold her next office hours on May 27. Her June office hours will be on the third Saturday.

Superintendent Evans thanked the Berkeley Public Schools Fund for its luncheon in support of our schools.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Silvey/Appel and unanimously approved 6-0 

DISCUSSION ITEMS
Public Hearing (8pm) for First Reading of Proposed Berkeley High Redesign for 2018-19

The BHS Redesign Team presented the universal 9^th grade proposal. Their presentation highlighted all of the changes being considered within this redesign for the 2018-19 school year. Some of the changes include assigning incoming 9^th graders into houses, modified block and bell schedules, increased collaboration among 9^th grade teachers and the addition of an academic development period for high needs students.

Their presentation also provided an overview of costs associated with building the structure to support the proposed redesign.

President Alper opened the public hearing for this item at 9:10pm. 

A total of 15 people commented on the proposed redesign. 

Questions and discussion followed. 

President Alper closed public hearing at 10:31p.m.

This item will come back for a vote on approval on June 14.

ACTION
2017-18 Local Control and Accountability Plan (LCAP) Early Approval of African American Success Project Manager

Directors Appel and Hemphill expressed concern with voting for this position early before developing a job description.

Director Saddler explained that the goal is to have the position approved early in order to have it filled by the beginning of the 2017-18 school year.

Assistant Superintendent Scuderi added that while we do not have detailed job description, we have a clear idea relative to where we want this position to head in the next two years or so. 

Superintendents Evans added that delaying approval for this position will only delay the effort to more directly target our high need students.

President Alper suggested approving the allocation of funds for this position to allow the necessary process to start now as opposed to a month from now or even later.

Motion to approve staff recommendation:
Alper/Hemphill and unanimously approved 6-0.

ADJOURNMENT
President Alper adjourned open session at 10:56 p.m. The Board reconvened to closed session.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:    Pasquale Scuderi, Assistant Superintendent, Educational Services
Maggie Riddle, Director of K-8 Schools
DATE:    May 3, 2017
SUBJECT:     Using Data to Drive Instruction: Willard Middle School Math Professional Learning Community

BACKGROUND INFORMATION:
Tonight's Board meeting provides the third in a series of presentations on how schools are effectively using formative and summative student data to drive and improve instruction for students across the district.

Staff is pleased to provide these presentations to the Board and to the community as a means of sharing some of the most creative and supportive work that  teachers and school site staff members are doing with and for the District’s students and families.

This evening, Willard Middle School’s Principal, Debbie Dean and Vice Principal, Chris Albeck, will share an overview of their data and work on mathematics using the professional learning community framework they are developing with staff.

In addition, they will be joined by student representatives from the school who will discuss their general experiences as well as their experiences in mathematics during their time at Willard.

This is on the agenda as a presentation, not discussion or action.  If Board members have thoughts or questions about the presentation, we are asking that they direct them to the Superintendent or Assistant Superintendent for Educational Services following the meeting.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Donald Evans, Ed.D., Superintendent
FROM:            Pasquale Scuderi, Assistant Superintendent
Pat Saddler, Ed.D., Director, Programs and Special Projects
DATE:             May 31, 2017
SUBJECT:    Draft of Local Control and Accountability Plan (LCAP) and Executive Summary 

BACKGROUND INFORMATION:
The 2017 – 2020 LCAP draft template and Executive Summary are being submitted to  the Board of Directors for review and feedback. The new LCAP Template contains four primary sections:  The Plan Summary, Annual Update, Stakeholder Engagement and Goals, Actions and Services.  Within the goals section the eight state priorities must be addressed:

• Priority One:  Basic - (Conditions of Learning)
• Priority Two:  Implementation of State Standards - (Conditions of Learning)
• Priority Three: Parent Involvement - (Engagement)
• Priority Four: Pupil Achievement  - (Pupil Outcomes)
• Priority Five:  Pupil Engagement - (Engagement)
• Priority Six:    School Climate - (Engagement)
• Priority Seven: Course Access - (Conditions of Learning)
• Priority Eight:Other Pupil Outcomes - (Pupil Outcomes)

New to the LCAP is the requirement to review the California School Dashboard Indicator Data and to identify actions and services that specifically address any subgroup that had a red or orange ranking.  After a close review the following underperforming subgroups were identified by indicator:

• Suspension Indicator:  Students with Disabilities - Red, African American - Red
• EL Progress Indicator: Overall - Orange
• Graduation Rate Indicator:  English Learner Students - Red, White Students - Orange
• English Language Arts Indicator: Students with Disabilities
• Math Indicator:  Students with Disabilities - Red, African American - Orange

Within the Actions and Services Section, districts are required to identify the services that will specifically target the low performing subgroups. Additionally, the plan must include evidence that these findings have been discussed with the stakeholders to elicit their input to ensure that there is a collective understanding of the needs of the students. One important factor is that the Graduation Indicator is based on 2014-15 data.  

When Governor Brown released the May revised budget, BUSD will receive $104,627. Additional supplemental funds. This will require additional stakeholder meetings, which are  scheduled on:  Parent Advisory Council - 5/30, SBAC - 5/30, EAC - 6/5 and DELAC - 6/5.  After these meetings, the final budget will be developed and the template will be finalized. 

The draft LCAP was reviewed by Alameda County Office of Education on 5.25.2017, and feedback was provided. The stakeholder engagement section was highlighted for being inclusive and intention. There was positive feedback on the new services, with special interest in the Classified Teacher Pathway. The flyer and application are attached to this document. There are several areas that will need to be reformatted based on the feedback, however this draft contains most of the required components. Once the stakeholders have an opportunity to provide input as to how the additional funds will be allocated, the template will be completed for final review and approval. 

The Executive Summary has been updated to reflect the budget for 2017-18 through 2019-2020.  Included in the executive summary is an overview of the key actions and new actions.  Both this document and the LCAP are currently being translated and will be posted on the LCAP Webpage for review by June1.  Feedback from the Board is being requested for the completion of the final LCAP.  There will be the LCAP Public Hearing on June 14, 2017 and final approval on June 28, 2017.

POLICY/CODE:
BP 0649

FISCAL IMPACT:
None at this time

STAFF RECOMMENDATION:
Review the draft of the Local Control and Accountability Plan and Executive Summary.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Board of Education
FROM:          Policy Subcommittee
Dana Clark, Compliance Officer and Title IX Coordinator
DATE:          May 31, 2017
SUBJECT:    Revision to Board Policy Regarding Complaints

BACKGROUND INFORMATION:
The District’s complaint structure is well-intentioned but overly complicated.  The Board Policy Subcommittee has been discussing, for many months, a proposed overhaul of the current complaint structure.  One goal is to simplify the process.  Another goal is to provide realistic timelines for BUSD administrators and staff to be able to respond to complaints, recommend strategies to address problems found (if any), and improve the timeliness, responsiveness, and outcomes of the process. 

We have reviewed the policies and processes of other districts in California, and we consulted with the California Department of Education (CDE).  So far, we have not found another district with as complicated a complaint process as BUSD’s.[1] We are proposing changes that will consolidate our four different and overlapping complaint processes into two primary processes:  Uniform Complaints, and Williams Complaints.  We are also proposing changing the levels of appeal/review, with traditional Uniform Complaints having a right of appeal to the CDE within 15 calendar days of the Compliance Officer’s decision, and other complaints having a right of appeal to the Superintendent or designee within 15 calendar days.    

Most districts, large and small, have a “Uniform Complaint” Process (UCP) and a “Williams Complaint” Process.  Indeed, CDE has informed us that many districts do what we are proposing here –i.e., use the UCP and Williams processes for all complaints. However, we were also informed that, in such cases, it generally does not work to have an internal appeals process because Uniform Complaints must be fully responded to (including internal reviews, administrative decisions, and appeals) within 60 calendar days, after which there is a statuary right of appeal to the CDE. 

Our current general complaint process exists now because not all complaints are in the bailiwick of Uniform Complaints.  By law, Uniform Complaints cover situations that implicate civil rights, such as sexual harassment or, for example bullying that has a discriminatory animus (based on race, disability, gender identity, etc.), or otherwise constitute a violation of federal or state laws.  We are retaining the Superintendent-level appeal for general complaint issues that are not eligible for CDE appeal.   

To summarize the changes, we are putting all complaints (except Williams) within a 60-day window (which is based on UCP requirements) for review and response.  Those that are within the ambit of Uniform Complaints can be appealed to the CDE.  Those that are within the ambit of our previous general complaints (about polices, practices or personnel that don’t raise a discriminatory concern, for example) can be appealed to the Superintendent.

We are presenting tonight for the Board’s discussion a first reading of a proposed new Uniform Complaint process.  Upon approval of this Policy, the Policy Subcommittee will continue to work with staff and community stakeholders to complete the substantial work involved in updating the associated administrative regulations (AR) and forms, at which point the Policy will become effective.

The Policy Subcommittee discussed and revised the attached policy at four meetings: February 10, March 9, April 14, and May 25, 2017.  These discussions benefitted from comments from community members, teachers, and District staff, and we are grateful for this engagement.

It is important to note that, as the attached policy indicates explicitly, it covers only formal District complaints, not the informal resolution of problems at the site level.  We have also heard from community members that the process for informal resolution of problems at the site level may need clarification and improvement.  We will add a discussion of this issue to the Policy Subcommittee’s agenda for consideration later this year.

Recommendation: Discuss Policy on First Reading

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Board Policy Committee
DATE:        May 31, 2017
SUBJECT:  Board Policy 5117 (Interdistrict Attendance)

BACKGROUND INFORMATION:
Every school district needs accurate and up-to-date policies in order to govern effectively. The Board and school administration periodically review existing policies comprehensively to make sure they are legally compliant with current state or federal laws and makes local adjustments accordingly.

The Board Policy Committee has been reviewing its board policies (BP) related to interdistrict enrollment. The Policy Committee has agenized and discuss BP 5117 (Interdistrict Attendance) at least six times this year.

The District currently grants a very limited number interdistrict permits to non-residents students. Most permits that are granted are to children of employees, with a much smaller number of permits being granted to sibling or for extenuating circumstances. (The most recent interdistrict permit report was presented to the Board on October 19, 2016.) Furthermore, it appears unlikely that, at least in the near future, the District will decide to increase the number of interdistrict permits it grants in a year given, among other reasons, that space is not available. 

However, in reviewing BP 5117 it became clear that, were space to become available and the District decided to increase the number of interdistrict permits it granted, there needs to be a better defined to process for granting interdistrict permits in order to provide clarity to staff and to non-resident families applying for an interdistrict permit.

After extensive discussion and debate, the Policy Committee unanimously approved the changes to BP 5117 with one exception: Priority #6, which would give priority (but only after first going through five other priorities) to non-resident students with a parent/legal guardian who graduated from high school in the district. Thus, in addition to soliciting general feedback and guidance from the Board on BP 5117, the Board specifically being asked to weigh in on whether to keep, modify, or remove this priority.

POLICY/CODE:
Education Code: 46600-4661, 48300-48316, 48350-48361, 48980, 52317 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept for discussion Board Policy 5117 (Interdistrict Attendance).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans ED.d., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        May 31, 2017
SUBJECT:   The Governor’s May Revision on the 2017-18 State Budget

BACKGROUND INFORMATION:
Despite lagging state revenue expectations, Governor Jerry Brown's 2017-18 May Revision contains increased funding for schools. In fact, ongoing funding for education increases by nearly $1.4 billion.

In January, there was a mixture of hope and confusion when the Governor announced lower revenue projections and the Legislative Analyst's Office immediately announced higher projections. In the May Revision, the Administration's new forecast for 2017-18 splits the difference. They hoped-for higher revenues have not materialized in the current year. However, the Governor has increased the 2017-18 revenue forecast and reflects an increase in the Proposition 98 minimum guarantee. At the same time, the Governor also proposes modification to the provision of Test 38, which would lower the Proposition 98 minimum guarantee.

Delving deeper into the details of the May Revision it was revealed that school districts will not receive the $1 billion in one-time discretionary funding proposed in the May Revision until May 2019.

Looking to the future, the Governor cautions that the state must continue to plan and save for "tougher times ahead," specifically pointing to the unknowns at the federal level that could "send the state budget into turmoil."

Proposition 98

The May Revision proposes a $1.1 billion increase for 2017-18 from the January proposed.  Proposition 98 funding to $74.6 billion. The current year minimum guarantee is maintained at the 2016-17 Governor's Budget level of $71.4 billion. The May Revision also proposes to fully eliminate the current-year, one-time state deferral of $859 million that was proposed in January.

In order to increase Proposition 98 funding and eliminate the deferral in this economic climate, the Governor proposes to suspend the statutory Proposition 98 Test 3B supplemental appropriation in 2016-17, in addition to the 2018-19 through 2020-21 fiscal years.

Although the May Revision summary asserts that funding reduced through this mechanism will be automatically added to the maintenance factor obligation, which ensures that school funding is restored in the long term, there are still some unanswered questions about this strategy and the outlook for future Proposition 98 funding.

Cost-of-Living Adjustment

The statutory cost-of-living adjustment (COLA) is revised upward from 1.48% in January to 1.56% in May. This minimally increases funding for categorical programs including Special Education, Child Nutrition, Foster Youth, Preschool, American Indian Education Centers, and American Indian Early Childhood Education.

Local Control Funding Formula

The Governor's 2017-18 May Revision continues implementation of the Local Control Funding Formula (LCFF} and provides an additional $661 million above the January State Budget proposal, for a total of $1.4 billion.

LCFF TARGET ENTITLEMENTS FOR BERKELEY UNIFIED SCHOOL DISTRICT

The target base grant by grade span for 2017-18 is minimally adjusted upward from 2016-17, resulting from the statutory 1.56% COLA being applied.  In addition to the base grant, Berkeley USD is entitled to supplemental increases equal to 20% of the adjusted base grant (which includes class-size reduction [CSR] and career technical education funding [CTE]) for the percentage of enrolled students who are English learners, eligible for the free and reduced-price meals program, or in foster care (the unduplicated pupil percentage). Berkeley’s percentage of these targeted students is 36%. 

The LCFF target entitlement is the full funding level for each school district, in today's dollars, that the state intends to provide at some point in the future under the formula. It is not the amount a school district will receive in 2017-18, which is based on the difference, or "gap," between the current-year LCFF funding level and the school district’s target entitlement multiplied by the proportion of the gap that can be funded with the LCFF increase.

The 2017-18 transitional kindergarten (TK)-3 grade span adjustment (GSA) for CSR is also 1.56% higher from 2016-17 at $748 per average daily attendance (ADA), as well as the grade 9-12 GSA at $227 per ADA, in recognition of the need for CTE courses for students in the secondary grades.

LCFF TRANSITION ENTITLEMENTS AND GAP FUNDING

The difference between a district's or charter school's current funding and its target entitlement is called the LCFF gap, and it is this gap that is funded with the additional dollars dedicated each year for implementation of the LCFF. For 2017-18, the May Revision proposal calls for a $1.4 billion increase to LCFF allocations. This is estimated to close 43.97% of the gap remaining to full implementation of the LCFF. The increase in the GAP percentage since the January budget of 23% to 43.97% results in a revenue increase in base grant dollars of $300,000 annually and $100,000 annually in supplemental grant dollars.

Pupil transportation and Targeted Instructional Improvement Grants continue as separate add-ons to the LCFF allocations and do not receive a COLA.

K-3 Grade Span Adjustment

The K-3 GSA program requirements are unchanged in the May Revision; however, the revised gap funding of 43.97% should be used to measure progress toward the 24:1target for 2017-18.  Berkeley USD already meets the 24:1 class size target and therefore, does not need to make progress toward the 24:1 target.

One-Time Discretionary Funds

The Governor's May Revision includes an additional $750 million in one-time discretionary funds, in addition to the $287 million that was part of the January Budget proposal, for a total of more than $1 billion. As in prior years, these funds offset the school district’s outstanding mandated claims. However, for 2017-18, these funds come with a catch: They are not scheduled to be disbursed until May 2019. The Governor’s intent of holding onto the funds is to ensure that Proposition 98 is not over, appropriated as a result of lower-than-expected revenues in the 2017-18 fiscal year.

As a result of the lack of receipt in the 2017-18 fiscal year, and some uncertainty around receipt during the 2018-19 fiscal year, it is recommended that school districts exclude this revenue from their budget, as well as multiyear projections. Berkeley USD’s projected one-time discretionary revenue is $1.6 million, if received.

Special Education

With the exception of the 1.56% COLA, the Governor's May Revision does not include any measurable funding increase for special education programs.

It does, however, include a summary of actions taken by the Department of Finance (DOF) as a result of the Governor's Budget and the

Administration's desire to solicit stakeholder feedback on recent reports on special education finance in California. The May Revision states, "given the scope of the feedback and the complexity of this program area, the Administration will spend additional time in the coming month s examining these issues to chart a path forward that will maximize resources to serve students while increasing transparency and accountability.”

Child Care and Early Childhood Education

The May Revision upholds last year's childcare and preschool agreement by providing funding increases for provider reimbursement rates and additional state preschool slots.

The Governor proposes an additional $67.6 million to fund a full 10% increase to the Standard Reimbursement Rate over the 2015-16 rate and increases to the Regional Market Rate to the 75th percentile of the 2016 survey, beginning on January 1, 2018.

Additionally, the May Revision proposes to increase full-day preschool slots by 2,959 and provides a COLA for both childcare and preschool.

Finally, the May Revision proposes reductions in California Work Opportunity and Responsibility to Kids (Cal WORKs) Stages 2 and 3 of $18.1 million and $12.8 million, respectively, to reflect caseload adjustments.

Career Technical Education

The May Revision makes no changes to the Governor's 2017-18 Budget proposal to provide $200 million for CTE Incentive Grant funding, representing the final installment of the three-year grant program. Governor Brown notes, "commencing with 2018-19, schools will support the full cost of these programs within their LCFF allocations."

School Facilities and Proposition 39

In his January Budget, Governor Brown offered his support for the sale of Proposition 51 bonds contingent upon increased transparency and accountability in the Stat e School Facility Program.  He proposed developing and implementing an up-front grant agreement and subsuming the audit of state-funded facilities projects into the annual K-12 independent audit process. The May Revision simply restates the Governor’s January position. The State Allocation Board is scheduled to take action on the proposed grant agreement at its Jun e 2017 meeting.

Teacher Workforce

To help address California's teacher shortage, last year's Budget appropriated funds to recruit teachers and assist aspiring teachers in completing requirements to enter the profession.  Building on last year's actions, the May Revision proposes to optimize federal funds to support these efforts. Without much detail, the Governor suggests that California can leverage the flexibility of “The Every Student Succeeds Act” to "direct additional federal resources" toward teacher recruitment and retention efforts, with a particular focus on "high need" teaching fields.

Federal Programs

Congress recently passed a federal spending package to complete fiscal year 2017 (through September 2017). Consequently, federal education funding for low-income, English learner, and special education students, along with funding to support educator preparedness and professional development, will be coming into clearer view when the California Department of Education completes its evaluation of how much California can expect to receive.

FISCAL IMPACT:
The LCFF base grant revenue for fiscal year 2017-18 will increase by $300,000 and supplemental revenue by $100,000.  The statutory cost-of-living adjustment (COLA) is revised upward from 1.48% in January to 1.56% in May. This minimally increases funding for categorical programs including Special Education, Child Nutrition, Foster Youth, Preschool, American Indian Education Centers, and American Indian Early Childhood Education.

STAFF RECOMMENDATION:
The Board receives this report as information.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Board of Education
FROM:     Superintendent Donald Evans
DATE:         May 31, 2017
SUBJECT:   Revision to Complaints AR

In the meantime, the clarification noticed here is an interim step that will not preclude the more significant changes that are currently being considered.  While we continue to work on a major overhaul of our complaint procedures, our District Compliance Officer and Title IX Coordinator has requested an immediate clarification to AR 1312.1, governing general complaints, and the associated 10.2 complaint form.  Specifically, the proposed clarification is to include a definition that for these complaints, “school days” refers to days that school is in session.  Accordingly, we have eliminated the ambiguous term “working days.”  Clarifying that the days referred to in this AR are “school days” will also help ensure that the District has sufficient time to respond to these general complaints in a comprehensive and satisfactory manner.   

In addition, the description of the Step 4 response to a complaint on the current BUSD Complaint Form 10.2 is inconsistent with AR 1312.1 regarding timing of the Step Four response.  We need to update the Complaint Form 10.2 to indicate “school days” instead of “working days,” and will also take this opportunity to ensure consistency between the language of that form and AR 1312.1 regarding the 15-day time period for Step Four in the process. The form will also be amended to request that claimants provide an email address through which they can be reached.

These interim changes were considered by the Board’s Policy Subcommittee on May 19, 2017, with no objections raised.  They are presented tonight for information, with the expectation that they will be implemented immediately following tonight’s meeting, unless Board members express concerns.

Note: The Policy Subcommittee is planning a major overhaul to the complaints process, after which all of these changes will likely become moot.  But currently, the lack of clarity is problematic in practice and these minor changes will be helpful for managing complaints in the interim period while the complaints policies are being revised.   

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Board of Education
FROM:    Policy Subcommittee
Debbi D’Angelo, Director of Evaluation and Assessment
DATE:       May 31, 2017
SUBJECT:   Revised Administrative Regulation Regarding Administration of State Testing

Staff has now revised Administrative Regulation 6162.5, which governs the details of the administration of state testing.  The Policy Subcommittee reviewed the AR on May 25, 2017, and this revision is now presented to the Board for information. 

RECOMMENDATION: Review AR for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        May 31, 2017
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on January 11, 2017.  Data in this report are current as of May 18, 2017.  This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.    

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.