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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:45 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

1.  Call to Order
The Presiding Officer will call the meeting to order at 6:00 p.m. The Regular Meeting will convene by 7:30 p.m. 

2.  Closed Session Public Testimony
Persons wishing to address the Board should fill out a green speaker card. Cards 
turned in by 5:45 p.m. will be given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

3.1 Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(b))—One (1) Potential Case
3.2 Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley – Local 21 and BCCE Negotiations (Government Code Section 54957.6)
3.3 Superintendent’s Evaluation (Government Code Section 54957)

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of September 27, 2017

6. Report on Closed Session

7. Recognition of Former CBOC Members

8. 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. 

9.  Union Comments
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union (order rotates).

Unions
Berkeley Federation of Teachers (BFT)
Berkeley Council of Classified Employees (BCCE)
Union of Berkeley Administrators (UBA)
Local 21

10.  Committee Comments
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue. 5 minutes per committee.

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

12.  Consent Calendar
12.1 Approval of Human Resources Report
12.2 Approval of Revision to Classification Specification (Job Description) for BSEP Program Specialist 
12.3 Approval of Resolution 18-005 in Support of DACA Legislation 
12.4 Approval of Out-of-State Travel Request
12.5 Approval of Overnight Field Trip Requests
12.6 Approval of the Schematic Design of the Visual and Performing Arts (VAPA) at West Campus Old Main Gym Renovation 
12.7 Approval of Contract Extension with Van Pelt Construction Services to Provide Project Management Services
12.8 Approval of Resolution 18-004 in Recognition of Former CBOC Members 
12.9 Approval of Board Appointments to the Citizens’ Construction Oversight Committee (CBOC)
12.10 Approval of Board Appointments to the New Facilities Subcommittee
12.11 Approval of Contract/Purchase Orders for Services Contracts
12.12 Approval of Payroll Warrants for August 2017
12.13 Approval of Listing of Warrants Issued in August 2017
12.14 Approval of Contract with YMCA of the Bay Area
12.15 Approval of Board of Education Meeting Minutes for September 13, 2017

13. Discussion Items
13.1 Discussion about Tennis Courts for Berkeley High (40 min)
13.2 BP3101: District Reserve Policy (20 min)

14. Action Items
14.1 Approval of Resolution for K-12 Textbook/Instructional Materials Compliance for 2017-18—Public Hearing (9pm) (3 min)

15. Information Items
15.1 Facilities Plan Update 

16. 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.

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

18. 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:       September 27, 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:         Natasha Beery, Director of BSEP and Community Relations
DATE:          September 27, 2017
SUBJECT:   Approval of Revision to Classification Specification (Job Description) for BSEP Program Specialist

BACKGROUND INFORMATION:
On July 15, 2016, the Board of Education approved a classification specification (job description) for the BSEP Program Specialist as part of the Classification and Compensation Study.

On July 24, 2017, a request was made from this office to HR to update the language of the job description to reflect the passage of BSEP Measure E1, as the current job description refers specifically to Measure A of 2006. A draft position description update was presented at the August 11, 2017 Personnel Commission meeting, and subsequently was reviewed in detail with the BCCE President in order to reach an agreement on the updated language. Another update was brought to the Personnel Commission on September 7, 2017, and approved by the Commission.

The minimum qualifications are under the jurisdiction of the Personnel Commission. The essential duties, which are under the jurisdiction of the Board of Education, would be minimally impacted by this revision. The changes/updates are minor:

• replaced mentions of BSEP Measure A with "BSEP Measure"
• removed mentions of no longer existing funds (Fund 6, Resource 841)
• corrected a few typos
• made consistent use of terms SSC/SGC, Program Managers, Fiscal Services (implied in prior version but not always named)
• clarified "Knowledge and Abilities":
• included "knowledge of public committee best practices"
•   changed "knowledge of" BSEP Measure, P&O, bylaws, Ed Code to "ability to interpret BSEP Measure" etc
• clarified "Education and Experience":
• provided example of a related area (business, non-profit, public administration)

Attached is the updated job description.  

POLICY/CODE:
Education Code sections 35020, 45109, 45276, 45241, and 45256; and Merit Rule 30.200, and BSEP Measure E1 of 2016. 

FISCAL IMPACT:
None 

STAFF RECOMMENDATION:
Approve the revision to job description as indicated in the attachment.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education and Superintendent
FROM:        Beatriz Leyva-Cutler, School Board Director      
DATE:        September 27, 2017
SUBJECT:  Approval of Resolution 18-005 in Support of DACA Legislation

BACKGROUND INFORMATION: 
On September 5, 2017, President Trump announced his intentions to end Deferred Action for Childhood Arrivals (DACA) protection for over 800,000 “Dreamers,” 200,000 of them in our State of California. Rescinding DACA is a cruel and draconian decision that does not reflect who we are as a caring and compassionate nation.
 
As Berkeley Unified elected officials and as a governing board and school district, we all stand to protect all children, students and their families.  School Boards are the representatives that govern local educational policies that shape the lives of 6 million children in the State of California, of which 54% are Latinos.
 
The Berkeley School Board urges Congress and California state legislators and Governor Brown to act expeditiously and create a citizenship pathway for “Dreamers” while protecting their human rights, livelihoods and safety. 
 
Many “Dreamers” have known the United States as their only home and need our love, protection and commitment in upholding our ideals as Americans.

STAFF RECOMMENDATION:
Adopt the Resolution in Support of DACA Legislation

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         September 27, 2017
SUBJECT:  Approval of Out-of-State Travel Request

BACKGROUND INFORMATION:
Approval for the following out-of-state travel is requested:

American Association of School Librarians 18^th National Conference & Exhibition, November 9 to November 11, 2017 in Phoenix, AZ
Approval for Jessica Lee, Teacher and Librarian at Willard Middle, Mary Ann Scheuer, Teacher on Special Assignment and Librarian, and Becca Todd, District Library Coordinator, to attend this three-day, two-night conference in Phoenix, AZ. The American Association of School Librarians 18^th National Conference & Exhibition will provide informative professional development, engaging conference sessions and workshops to expand Jessica, Mary Ann and Becca’s knowledge of school library standards. Participants will have the opportunity to network with other school librarians from throughout the United States.  Travel and conference cost is approximately $2,400 and will be paid by Library Coordinator BSEP funds.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve out-of-state travel consistent with District policies and instructional programs. 

     BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         September 27, 2017
SUBJECT:   Approval of Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Tilden Regional Park, Berkeley, CA, October 12-13, 2017
Approve participation of 29 fourth-grade students, one teacher and six other adults from Jefferson Elementary on a two-day, one-night field trip to Tilden Regional Park. The group will depart Jefferson at 9:30 a.m. on Thursday, October 12, and return at 2:00 p.m. on Friday, October 13, 2016.  Students will be taking part in a hands-on study of our local ecology and watershed. In addition, students will focus on team-building activities to build a successful learning environment for our school year. Narrative and essay writing will follow our trip. BUSD will provide transportation to and from the event. Students will sleep in gender-specific tents. The cost of $10.00 per student will be funded by PTA and parent donations. No student will be denied access based on ability to pay. Requested by Mary Cazden, Jefferson Principal

Cazadero Jumpstart Retreat, Berkeley, CA, October 13-15, 2017
Approve participation of 104 eighth-grade Middle School students, 10 teachers and 10+ non-staff adults, on a three-day, two-night field trip to Cazadero Performing Arts Camp (CazPAC) in Berkeley, CA.  BUSD will provide transportation for students to the CazPAC on Friday, October 13, at 8:30 a.m., and they will be driven by parents from the event at 2:00 p.m. on Sunday, October 15, 2017.  During the retreat, band students will build interest in BHS program, learn advanced pieces in a fast-paced, 3-day period, meet and bond with students from other middle schools, and work with BHS mentors. Students will sleep in supervised, gender-specific tent cabins in separate rooms chaperoned by parents.  The cost of $140.00 per student will be paid by parents and scholarships. No student will be denied access based on inability to pay. Requested by Pete Gidlund, VAPA Supervisor

Camp Arroyo-Livermore, CA, October 16-18, 2017
Approve participation of 55 fifth-grade students, two teachers and 15 other adults from Emerson Elementary on a three-day, two-night field trip to Camp Arroyo in Livermore, CA.  The group will depart from Emerson on Monday, October 16, at 10:00 a.m., and return Wednesday, October 18, at 2:00 p.m. Through a series of hands-on activities, students will increase their understanding of and respect for ecology and the environment. Activities will support the Life and Physical Science curriculum.  Students will sleep in gender-specific dormitories. BUSD will provide transportation. The cost of $225.00 per student is being paid by fundraising, grants, PTA and parent donations. No student will be denied access based on inability to pay.  Requested by Susan Hodge, Emerson Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION;
Approve the overnight field trips consistent with the District Policies and instructional programs.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:           September 27, 2017
SUBJECT:   Approval of the Schematic Design of the Visual and Performing Arts (VAPA) at West Campus Old Main Gym Renovation

BACKGROUND INFORMATION:
On January 11, 2017, the Board approved a project to improve the spaces at West Campus Old Main Gym.  On May 31, 2017, the Board approved Byrens Kim Design Works Architects to design the project. Since then, there have been four Site Committee Meetings.  Attached to this cover memo are the site plan and the floor plan. The project includes:

1. New VAPA storage and work area
2. New restrooms and storage spaces for gym
3. Voluntary seismic upgrade
4. New fire alarm system
5. Improve accessible path of travel
6. Heating and ventilation system

The current construction budget is estimated to be $3,550,000. We anticipate receiving an additional estimate during winter to ensure the project is within budget.

There was little or no controversy during the process. The Site Committee supports the project plan.

FISCAL IMPACT: 
There is no fiscal impact at this time. The recommended project is within budget and will be funded from Measure I.  

STAFF RECOMMENDATION:
Approve the schematic design of the Visual And Performing Arts (VAPA) at West Campus Old Main Gym Renovation.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:           Timothy E. White, Executive Director, Facilities
DATE:            September 27, 2017
SUBJECT:   Approve a Contract Extension With Van Pelt Construction Services to Provide Project Management Services   

BACKGROUND INFORMATION:
On October 26, 2016, the Board authorized a one-year contract extension for Van Pelt Construction Services. Since that time, the Board authorized the reallocation of projects within the Measure I Bond on January 11, 2017, and approved additional project management services for the newly added projects on April 26, 2017. The Board approved Van Pelt to manage two newly added Measure AA projects on June 28, 2017.*

Below is a brief summary of these projects, their current status in the construction process, working budget and funding source:

Van Pelt has been serving BUSD since 2011 and wishes to establish a long-term relationship with us as a partner in the capital program. As such they have offered a discount in their service fee of 10%, $79,980, to bring the total to contract cost to $719,820.

POLICY/CODE:
Board Policy 3310

FISCAL IMPACT:
The cost is $719,820 to be paid from the Measure I and Measure AA Bond Funds.     

STAFF RECOMMENDATION: 
Approve Van Pelt contract to project manage the above-listed projects.    

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:        Timothy White, Executive Director of Facilities
DATE:         September 27, 2017
SUBJECT:   Approval of Resolution 18-004 in Recognition of Former CBOC Members            

BACKGROUND INFORMATION:
All seven of the original members of the BUSD Citizens Budget Oversight Committee (CBOC) served the maximum allowed of three two-year terms and rendered invaluable service far beyond the basic responsibilities of the committee.

This resolution honors those seven individuals – Stephanie Allan, Nicolie Bolster-Ott, Carl Bridgers, David Goldin, Susi Marzuola, Allen Nudel and Eric Weaver – and expresses the District’s gratitude for their unstinting six years of volunteer service and their enduring contributions toward ensuring that revenues from Berkeley taxpayers for construction have been used in accordance with bond requirements and the provision of excellent facilities for the education of students.

STAFF RECOMMENDATION: 
Approve Resolution 18-004.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed. D., Superintendent
FROM:           Ty Alper, President
DATE:           September 27, 2017
SUBJECT:    Board Appointments to the Citizens’ Construction Oversight Committee

BACKGROUND INFORMATION: 
On November 2, 2010, the Berkeley Unified School District passed Measure I, a school bond that is governed by Proposition 39. One of the requirements of Proposition 39 is that the Board of Education must appoint a Citizens’ Oversight Committee within 60 days of posting election results in its meeting minutes.

The Board of Education has approved a set of Bylaws that guide the operations of the Citizens’ Construction Oversight Committee, also known as the Construction Bond Oversight Committee (CBOC). A copy of the current Bylaws is attached, and the composition of the committee is outlined in the Bylaws.

Our previous CBOC was appointed April 14, 2011, and served three consecutive two-year terms.  We are recommending seven new members in the following categories:      

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:     Board of Education
FROM: Board President Ty Alper and Donald Evans, Ed. D., Superintendent
DATE: September 27, 2017
SUBJECT: Appointment of Members to New Facilities Subcommittee

BACKGROUND INFORMATION:  
At the Board’s September 13, 2017 meeting, the Board voted to approve the creation of a new Facilities Subcommittee.

The proposal that was approved by the Board was to create a Facilities Subcommittee that would serve as a space where complex school facilities can be discussed without adversely impacting the board agenda or the Facilities construction timelines. Two board members will serve on the sub-committee to hear and review all critical facilities division actions.

The Subcommittee will meet as needed. The meetings will be Brown Act noticed meetings. The Superintendent and Facilities Executive Director will convene the meetings. 

To the extent that the Facilities Subcommittee believes that it will be useful for the Policy Subcommittee to develop bylaws for the Facilities Subcommittee, the Facilities Subcommittee and/or the Superintendent can ask that such an item be placed on the agenda of the Policy Subcommittee.

Director Appel and Director Hemphill have agreed to serve as the inaugural members of this new subcommittee, and, if approved by the Board, will serve in this capacity through 2017, at which point the new Board president will make committee assignments for 2018.

POLICY CODE: 
BB 9100 / Ed Code 35143

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the appointment of Director Appel and Director Hemphill to serve as the members of the new Facilities Subcommittee for the remainder of 2017.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        September 27, 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. Inquiry By Design Inc. to provide curriculum training  for new ELA pilot for Professional Development for the period from 9/1/17 – 6/30/18.  The cost will not exceed $34,500. To be paid from General Fund. Requested by Pasquale Scuderi.
2. Community Alliance for Learning to provide on-site coordination of WriterCoach program for Willard, King and Longfellow Middle Schools for the period from 8/28/17 - 6/16/18. The cost will not exceed $44,100. To be paid from BSEP Fund, Restricted Donations and Title 1 Grant Fund. Requested by Natasha Beery.
3. Rayyaneh Karami to provide professional development in visual arts to teachers at Washington Elementary School for the period from 9/15/17 – 6/30/18. The cost will not exceed $13,100. To be paid from BSEP Fund and Restricted Donations. Requested by Katia Hazen.
4. Downtown Berkeley YMCA to provide physical educational activities for Jefferson Elementary School for the period from 8/29/17 -7/14/18. The cost will not exceed $34,020. To be paid from Restricted Donations. Requested by Mary Cazden.
5. Amanda Whitehead to provide movement and language arts program to Washington Elementary School for the period from 9/15/17 – 6/30/18. The cost will not exceed $10,608. To be paid from Restricted Donations. Requested by Katia Hazen.
6. Child Therapy Institute to provide counseling and mental health services for Berkeley Arts Magnet Elementary for the period from 8/29/17 – 6/15/18. The cost will not exceed $16,000. To be paid from BSEP Fund. Requested by Natasha Beery.
7. BMI Imaging to provide digital conversion of W-2’s, time sheets and payroll files for the Payroll 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 Nicole Caldwell.
8. Educational Strategic Planning to assess Special Education programs and make recommendations for the period from 10/28/17 – 11/15/17. The cost will not exceed $10,000. To be paid from General Fund. Requested by Pasquale Scuderi.
9. Lifelong Medical Care to provide behavioral health services for LCAP unduplicated and targeted students at Rosa Parks for the period from 8/28/17 – 6/30/18. The cost will not exceed $12,000. To be paid from LCAP Supplemental Fund. Requested by Patricia Saddler.
10. Avid Center, to provide membership for college readiness program for Berkeley High School and 3 secondary schools for the period from 7/1/17 – 6/30/18. The cost will not exceed $21,272. To be paid from LCAP Supplemental Fund. Requested by Patricia Saddler.
11. Ever Forward Siempre Adelante, to provide mentor training and curriculum support at 3 secondary schools for the period from 10/1/17-6/15/18. The cost will not exceed $30,000. To be paid from General Fund. Requested by Patricia Saddler.
12. Child Therapy Institute of Marin, to provide counseling and mental health services for 3 preschool sites for the period from 8/28/17 – 6/15/18. The cost will not exceed $12,000. To be paid from General Fund. Requested by Patricia Saddler.
13. Lifelong Medical Care to provide after-school Kid’s Village program at Rosa Parks Elementary for the period from 8/28/17 – 6/30/18. The cost will not exceed $68,925. To be paid from BSEP Funds and Restricted Donations. Requested by Paco Furlan.
14. Lisa Krones-Whalen to provide art instruction coaching for Rosa Parks Visual Arts for the period from 8/29/17 - 6/15/18. The cost will not exceed $10,000. To be paid from Restricted Donation and BSEP Fund. Requested by Peter Gidlund.
15. Increase in contract amount, PO#180168, to Prime Mechanical Services to provide additional HVAC services for the Maintenance Department for the period from 7/1/17 – 6/30/18. The Board approved $20,000 on 5/31/17. The additional contract amount will increase the cost by $30,000 for a total amount of $50,000. To be paid from Measure H. Requested by Steve Collins.
16. Increase in contract amount, PO#180171, to Peterson Power System, to provide additional repair services for the Transportation Department for the 2017/18SY. The original amount of $9,900 was issued on 7/10/17. The additional amount requested is $15,000 for a total amount of $24,900. To be paid from General Fund. Requested by Tim Mull.
17. Increase in contract amount, PO#180170, to J&O’s Commercial Tire Center, to provide additional vehicle repair services for the Transportation Department for the 2017/18SY. The original amount of $9,900 was issued on 7/10/17. The additional amount requested is $15,000 for a total amount of $24,900. To be paid from General Fund. Requested by Tim Mull.
18. Increase in contract amount, PO#180158, to Seven Eleven Body Shop, to provide additional body work and painting services for the Transportation Department for the 2017/18SY. The original amount of $9,900 was issued on 7/10/17. The additional amount requested is $25,000 for a total amount of $34,900. To be paid from General Fund. Requested by Tim Mull.
19. Increase in contract amount, PO#180093, to Cummins Pacific to provide additional services on vehicles for the Transportation Department for the 2017/18SY. The original amount of $8,500 was issued on 7/10/17. The additional amount requested is $10,000 for a total amount of $18,500. To be paid from General Fund. Requested by Tim Mull.
20. Increase in contract amount, PO#180101, to Future Ford of Concord to provide additional services on vehicles for the Transportation Department for the 2017/18SY. The original amount of $9,900 was issued on 7/10/17. The additional amount requested is $30,000 for a total amount of $39,900. To be paid from General Fund. Requested by Tim Mull.

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:        Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:         September 27, 2017
SUBJECT: Approval of Payroll Warrants Issued in August 2017

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of August 2017.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,120,105.33, for August 2017 from various funds.

STAFF RECOMMENDATION: 
Approve payroll payments made in August 2017.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Interim Assistant Superintendent of Business Services
DATE:        September 27, 2017
SUBJECT: Approve Listing of Warrants issued in August 2017.

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

POLICY/CODE: 
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,022,342.05 for the month of August 2017 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Superintendent
FROM:       Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:        September 27, 2017
SUBJECT:  YMCA of the Central Bay Area – Head Start

BACKGROUND INFORMATION:
BUSD is contracted annually to provide services for the YMCA of the Central Bay Area Head Start Program as a part of the BUSD pre-school services. BUSD pre-schools provide Head Start enhanced services for 100 pre-school students each year at a rate of $300 per month per student. Services required by Head Start include home visits for each student, additional screening and assessments for each student, and individual student plans. The annual contract total for BUSD pre-schools will be $300,000 for the 2017-2018 school year.

Funds received from Head Start will be used to pay for additional requirements, materials and a coordinator to ensure compliance with Head Start regulations and oversee annual monitoring and audits.

GOAL: Curriculum & Instruction: Increase the academic achievement of all students through effective instruction, a challenging and engaging curriculum, and aligned assessments.

• Pre-K: Prepare pre-school children for success in elementary school by providing age-appropriate curriculum and instruction that nurture and develop children’s academic, social, emotional and physical well-being. 

POLICY/CODE:
California Development Division
Ed Code Title 5 

FISCAL IMPACT:
Payment of $300,000 will be paid by YMCA of the Bay Area to BUSD’s child development program for these services. 

STAFF RECOMMENDATION:
Approve the contract with YMCA of the Bay Area.

BERKELEY PUBLIC SCHOOLS

Official Minutes

President Alper called the meeting to order at 7:32pm. He reported that the Board convened to Closed Session at 6:00 pm.

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
Uma Nagarajan-Swenson, Student Director, BHS – Present
Kimora Ashby, Student Director, BTA – Present 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pauline Follansbee, Interim Assistant Superintendent, Business Services |
Pasquale Scuderi, Associate Superintendent, Educational Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION

President Alper reported out on closed session:

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

OAH Case No. 2017041261
Motion to accept staff recommendation:
Alper/Daniels and unanimously approved 5-0

Case No. 120300089
Motion to accept staff recommendation:
Hemphill/Alper and unanimously approved 5-0

Case No. 140700121
Motion to accept staff recommendation:
Appel/Alper and unanimously approved 5-0.

Conference with Legal Counsel—Pending Litigation (Government Code Section 52956.9(b))
This matter was postponed. 

Superintendent’s Evaluation (Government Code Section 54957)
The Board will address this matter when it recesses to closed session following open session.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Director Nagarajan-Swenson, item 12.3 was moved to action and will follow item 14.1:

Nagarajan-Swenson/Daniels and unanimously approved 7-0 

SWEARING IN OF STUDENT DIRECTOR
Kimora Ashby was sworn in to represent BTA on the School Board.

PUBLIC TESTIMONY
A total of eight people addressed the Board:

Four comments on sexual harassment and restorative justice process. 

Two comments on Vote 16 

One comment on the job description for the RJ Coordinator position.

One comment on the AR regarding complaints.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hemphill canceled her October office hours.

Director Appel expressed her renewed commitment to listen to parents. She will have her office hours on the third Saturdays of the month, 10am-12pm at Mo’Joe Café.

Director Leyva-Cutler announced that BUSD is sponsoring DACA with a workshop to help students renew their permit. Will hold office hours on October 2 at 4:30pm at Casa Latina.

Director Nagarajan-Swenson expressed her support for fellow students who are part of BHS Stop Harassing. She also voiced her solidarity to all dreamers in BUSD and beyond.

Director Ashby thanked the Board for welcoming her aboard. 

Superintendent Evans announced that middle school back to school night is on September 14. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Appel/Hemphill and unanimously approved 7-0.

DISCUSSION ITEMS

Update on Use of Academic Support Index (ASI) in BUSD
Allotted time: 35 min
Actual time: 45 min

Dave Stevens introduced Academic Support Index (ASI), an evaluation tool that takes into account headwinds and tailwinds, a variety of advantages and disadvantages a student may face, to predict and quantify student academic success. ASI allows for preventive analytics that better inform effective intervention student support. At BHS, ASI is being used with LCAP focal students and there is a strong PD focus on addressing headwinds. At the middle school level, ASI is being used by the math department to identify focal students transitioning from 5^th to 6^th grade. The goal is to continue using ASI to expand evaluation of programs, interventions and policies, and data analysis over time. Questions and discussion followed.

ACTION ITEMS

Approval of 2016-2017 Unaudited Actuals
Allotted time: 20 min
Actual time: 25 min

Interim Assistant Superintendent of Business Services Pauline Follansbee reported that 16-17 books have been closed. She added that we met the 3% percent as required by the state and ended the year with an undesignated ending balance of $5.5 million, less than projected. She presented expenditure variances, contribution to special education and other program funds. Questions and discussion followed. 

Daniels requested that before the Board votes on budget cuts, staff bring items specifically related to the cafeteria, child development and special education funds at three separate meetings. 

Approval of Restorative Justice Coordinator Job Description

Student Director Nagarajan-Swenson explained that she pulled this item to request that the Board not approve the proposed job description until it is revised to require trauma informed expertise. Questions and discussion followed.

Motion to approve the job description for the Restorative Justice Coordinator position with direction from the Board that the job announcement include the desire of a trauma informed expert:

Appel/Nargajwan-Swenson and unanimously approved 7-0. 

Approval of Creation of a Facilities Subcommittee
Allotted time: 20 min
Actual time: 22 min

Director of Facilities Tim White proposed the creation of a facilities subcommittee that will review projects and other items before bringing them to the Board for approval. The subcommittee will aid in conducting a comprehensive analysis so that the sites’ needs are captured, documented and better addressed; and will establish a better process for the completion of larger, more ambitious projects. Directors Hemphill and Appel volunteered to sit on this committee.

President Alper will bring an item to officially appoint Directors Hemphill and Appel at the next Board meeting. 

Motion to approve the creation of a facilities subcommittee:
Appel/Daniels and unanimously approved 7-0.

Approval of Release of BSEP Committed Funds
Allotted time: 3 min
Actual time: 1 min 

Motion to approve staff recommendation:
Daniels/Leyva-Cutler and unanimously approved 7-0.

Approval of Gann Limits Resolution 18-001
Allotted time: 3 min
Actual time: 1  min 

Motion to approve staff recommendation:
Daniels/Leyva-Cutler and unanimously approved 7-0.

ADJOURNMENT
The Board recessed back into closed session at 9:43pm.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D, Superintendent
FROM:         Timothy E. White, Executive Director of Facilities
DATE:          September 27, 2017
SUBJECT:   Discussion Regarding Tennis Courts                       

BACKGROUND INFORMATION:
During the renovations at Berkeley High School in 2001, the tennis courts were repurposed for staff parking. This staff parking lot currently provides 130 parking spaces on the former tennis courts; this number of spaces does not fully accommodate the number of parking passes that are assigned annually to certificated and classified staff, nor do they accommodate all staff. Worth noting for additional context is that an additional 60-80 spots of on-campus employee parking were eliminated during the South of Bancroft project, which was completed in 2014.

Since the time of the 2001 renovations that necessitated the repurposing of the tennis courts for parking, Berkeley High has not offered tennis as a P.E. course, and the tennis teams have held practices and have “home” meets at King Middle School and occasionally at courts on the U.C. Berkeley campus.

In January 2017, the Board voted to approve a proposed reallocation of Measure I construction bond funds that included $5 million for a project that would replace the Berkeley High staff parking lot with a two-story parking garage and tennis courts on top. This Board action did not constitute approval for a specific timeline, only that the Board agreed with the staff proposal to designate bond funds for this project, along with a number of other projects.  Note that the current bond was passed in 2010, and many if not all of the projects that were reallocated required a comprehensive analysis to determine the school's needs and therefore the estimated budget required to complete the projects.

Staff has now received construction estimates for the Berkeley High School tennis court/staff parking project that are significantly higher than they were in January 2017.  As noted in the chart below, our best estimate for the total cost of the project envisioned in January 2017 is closer to $11 million than $5 million.  Staff believes that the Board may not want to prioritize this project over other projects in the current bond, and that the increased price tag may necessitate moving the tennis court/parking project into the project list for the next bond, which will of course delay the construction date.  These developments have prompted staff and the community to ask whether the option of tennis courts at Moellering Field, which had previously been considered, should be revived.

Please note that on March 7, 2012, the Board of BUSD passed a resolution titled, ‘Resolution for the land swap to create Multi-Use Playing Fields at Derby." Neighbors of this community have contacted staff and expressed concern about the proposal to build tennis courts on Moellering field.  They believe that it violates a previous district agreement that preserved open space and provided field access to the community.

In order to help the Board assess the relative merits of these two options, we have provided a comparison along a number of different dimensions. Staff is requesting that the Board discuss the information in this document and take action on the following two questions: 1) Should the District invest in the creation of tennis courts for use by Berkeley High? and 2) If so, should the courts be built at Milvia Street or Derby Field?

POLICY/CODE: 
Not Applicable

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Discuss the information in this document and indicate to staff what further information is needed to take action with respect to tennis courts for Berkeley High. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Board Policy Subcommittee
DATE:        September 27, 2017
SUBJECT:  Board Policy 3101 (Reserve) 

BACKGROUND INFORMATION:
State law requires that Berkeley USD maintain a special fund for a reserve for economic uncertainty of 3 percent of the District’s combined (Funds 1-8) general fund expenditures. Board Policy 3101 would formally establish this requirement and establish an additional reserve, referred to in the policy as a “committed reserve,” of 1 percent of the District’s combined (Funds 1-8) general fund expenditures. The committed reserve would benefit Berkeley USD by providing an extra cushion in times of financial distress and helping maintain Berkeley’s excellent credit rating, thereby saving taxpayer dollars. 

Under BP 3101, the Board would be required to place funds into the committed reserve if all of the following conditions are met:

• The committed reserve is less than 1 percent of the District’s combined general fund expenditures,
• The most recent adopted budget received a positive certification, and
• The unaudited actuals show that there are unassigned funds above 2% of combined general fund expenditures 

  The basic intent of these conditions is to have the Board place funds into the committed reserve only when the committed reserve is below the 1 percent ceiling and when Berkeley USD’s fiscal situation is strong. 

  When the Board does place funds into the committed reserve, BP 3101 dictates that it should be half of any increase in Fund 01 (General Fund) from the estimated actuals (which are typically published in June of each year) to the unaudited actuals (which are typically published in September of each year). 

  Under BP 3101, the Board would be able to uncommit funds from the committed reserve only under one of the following conditions: 

• It is projected that the District’s 3-year multiyear budget will be deemed to be qualified or negative by the County Office of Education
• It is projected that the District may need to make mid-year layoffs
• It is projected that the District’s combined state and federal revenue is reduced in the middle of a fiscal year
• Average Daily Attendance at P-1 is significantly below projections
• The Superintendent’s Budget Advisory Committee recommends doing so
• All five elected members of the Board vote to do so

The Policy Subcommittee held extensive discussions on this policy on June 6, 2017, August 25, 2017, and September 15, 2017.

The Policy Committee unanimously supports the proposed version of BP 3101 with one exception: whether all five elected members of the Board should be allowed, without any other required conditions, to uncommit funds. Thus, in addition to soliciting general feedback and guidance from the Board on BP 3101, the Board specifically is being asked to weigh in on whether to keep, modify or remove this condition.

POLICY/CODE:
Education Code: 33128
CA Code of Regulations: 15450 

FISCAL IMPACT:
No immediate fiscal impact, but over time 1 percent of the District’s combined (Funds 1-8) general fund expenditures would be set aside in the committed reserve. 

STAFF RECOMMENDATION:
Discuss Board Policy 3101 (Reserve).

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         September 27, 2017
SUBJECT:   Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2017-18

BACKGROUND INFORMATION:
Education Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects:  English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course).  The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided.  All students in Berkeley Unified have access to books and other instructional materials.

The annual resolution continues to be required although the State no longer allocates specific funding for Pupil Textbooks and Instructional Materials. 

The hearing tonight has been publicized as required, and the proposed resolution is attached.

POLICY/CODE:
Education Code Sections 60117 and 60119

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2017-2018.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        September 27, 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 September 19, 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.