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

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

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

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

2.  Closed Session Public Testimony
Persons wishing to address the Board 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 – Existing Litigation (Government Code Section 54956.9(a)
3.1.1 Claim No.14079032
3.1.2 Claim No.DSC1503595
3.2 Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—BCCE Negotiations
3.3Threat to Public Services or Facilities (Government Code Section 54957)—Officer Matt McGee
(Government Code Section 54957.6)
3.4 Superintendent’s Evaluation (Government Code Section 54957)

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of October 11, 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, 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

9.  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.

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 Report
11.2 Approval of Overnight Field Trips
11.3 Approval of Voting Members for the North Coast Section 
11.4 Acceptance of Gifts/Donations 
11.5 Approval of Contracts/Purchase Orders for Services
11.6 Approval of Contract Extension with American Logistics for Non-Public School (NPS) Transportation for 2017-18
11.7 Approval of Master Contract for Nonpublic Residential Facility Services for the 2017-18 School Year
11.8 Approval of Master Contracts for Nonpublic Schools for the 2017-18 School Year
11.9 Approval of BP 3101: District Reserve Policy 

12. Discussion Items
12.1 Special Education Fiscal Update (30 min)
12.2 Facilities Measure I Bond Reallocation Update (45 min)

13. Action Items
13.1 Public Hearing for Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (9pm)
13.2 Public Hearing for Initial Proposals for Reopeners Between the District and the International Federation of Professional and Technical Engineers (Local 21) (9:30pm)

14. Information Items
14.1 Revision to AR7310: Facilities Naming 
14.2 Additional LCAP Supplemental Funds Proposal for 2017-18
14.3 2017-18 Parent Advisory Committee Members for the Local Control and Accountability Plan and Meeting Schedule
14.4 Williams Quarterly Report

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:       October 11, 2017
SUBJECT:      Approval of Human Resources Reports

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

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:    October 11, 2017
SUBJECT:  Overnight Field Trip Requests 

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, November 20-21, 2017
Approve participation of sixty (60) 10^th grade CAS students, five teachers and no other adults, on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Monday, November 20, 2017, at 9:00 a.m., and return Tuesday, November 21, 2017, at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art-based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender-specific cabins. The cost of $125.00 per student will be paid for by parent donations and CPA grants. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal.

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, December 14-15, 2017
Approve participation of sixty (60) 11^th grade CAS students, six teachers and no other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, December 14, 2017, at 9:00 a.m., and return Friday, December 15, 2017, at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art-based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender-specific cabins. The cost of $125.00 per student will be paid for by parent donations and CPA grant. No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS Principal.

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, March 1-2, 2018
Approve participation of sixty (60) 12^th grade CAS students, six teachers and no other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, March 1, 2018, at 9:00 a.m., and return Friday, March 2, 2018, at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art-based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender-specific cabins. The cost of $125.00 per student will be paid for by parent donations and CPA grant. No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS Principal

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Superintendent Evans and School Board Members      
FROM:  Erin Schweng, BHS Principal               
DATE:    October 11, 2017      
SUBJECT:  Approval of Voting Members for the North Coast Section 

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

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

STAFF RECOMMENDATION:
Approve the aforementioned voting members from Berkeley High School for the North Coast Section Athletic Conference.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:           Donald Evans, Ed.D., Superintendent
FROM:            Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:             October 11, 2017
SUBJECT:      Acceptance of Gifts/Donations

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

1. California Community Foundation donated $1,000.00 from “Reading is The Way Up” to Library Services.
2. Cragmont PTA donated $15,600.00 for .24 FTE Dane IS K/3^rd grade
3. Oxford PTA donated $92,773.00 to Art Contract (Ann Rainer), Math TSA (Coach Ana Delgado), Instructional Aide (Deirdre Sproul), Physical Educational Instructional Specialist (Jarrett Sanders), Additional Noon Supervision (in Oxford / FTA acct)
4. Malcolm X PTA donated $105,000.00 for K-2 Music Certificated, Lit Coach, RTI Music Certificated, Drama Classified, Dance Classified, personnel variance.
5. Berkeley Arts Magnet PTA donated $76,020.00 to pay for YMCA, Performing Arts, KALA, etc.
6. Desmos donated $1,240.00, to pay for stipends for teachers attending two-day PD in August.
7. Cragmont PTA donated $3,700.00 to purchase Handwriting Without Tears materials.
8. Cragmont PTA donated $3,000.00 to pay for roundtrip to Mosaic for 3 field trips on Sept. 18 and 25, and Oct. 2. 
9. Cragmont PTA donated $19,404.00 to Berkeley YMCA PE for grades 1-3 and PE activities for grades K-5 lunch recess.
10. Cragmont PTA donated $22,250.00 for 2017-18 Mosaic weeklong overnight camp, school assemblies and parent/staff Professional Development.
11. Cragmont PTA donated $2,200.00 to provide bilingual singing to K classes for 2017-18, (Jorge Liceaga)
12. Cragmont PTA donated $2,940.00 to Berkeley Rep Theater to provide drama classes for grades 2-3 for 2017-18.
13. Emerson PTA donated $93,768.00 for Certificated Art Teacher (Lucy Ames .40 FTE), Clerical Assistant (Sandra Guzman at .40FTE), YMCA Contract, unallocated reserve.
14. LeConte PTA donated $27,067.25 for Bilingual Tutors and .73 FTE Garden Teacher at LeConte.
15. LeConte PTA donated $34,020.00 for YMCA MOU, PE morning/lunch recess games and peer leadership program.
16. Willard Middle School PTA donated $3,600.00 for athletic program.
17. Emerson PTA donated $400.00 for art supplies.
18. Thousand Oaks PTA donated $64,800.00 for Instructional Specialist, PE .6 FTE new position Independent Contractor Lisa Zeiler, MOU with MOCHA.
19. Washington Elementary PTA donated $81,267.00 for an MOU for Coach Don and for Art and Movement instruction. 
20. Donation from multiple community members for $4,320.00 for BUSD VAPA music program.
21. Donation from Marianne Bitter for $400.00 for VAPA
22. Willard Middle School PTA donated $2,586.26 for athletic program.
23. King PTA donated $17,600.00 for writing coach grade 8. 
24. Jefferson PTA donated $83,675.60 for Counselor, ELD Teacher, PE, YMCA, Contractor (Dave Nettel) and YMCA materials.

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $754,105.86 in donations. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        October 11, 2017
SUBJECT:   Approval of Contracts/Purchase Orders for Services 

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. West Alameda County Conference (WACC), to provide officiating services for Berkeley High School athletics for the period from 7/1/17 – 6/30/18. The cost will not exceed $45,606. To be paid from General Fund. Requested by Erin Schweng.
2. N Harris Computer Corp to provide Etrition cafeteria serving line support for Nutrition Services Department for the period from 7/1/17-6/30/18. The cost will not exceed $17,032.94. To be paid from Cafeteria Fund. Requested by Marni Posey.
3. Anna Rainer to provide visual art integration coaching at Oxford Elementary School for the period from 8/29/17-6/15/18. The cost will not exceed $27,435. To be paid from Restricted PTA Donations and BSEP Fund. Requested by Peter Gidlund.     
4. Lisa Zeiler to provide Character Development Enrichment Program at Thousand Oaks Elementary for the period from 9/1/17 – 6/15/18. The cost will not exceed $15,180. To be paid from General Fund. Requested by Jennifer Corn.
5. Jennifer Lynn-Whaley to provide workshops, professional development and leadership around restorative practices and positive behavioral supports for the period from 10/10/17 – 6/15/18.  The cost will not exceed $15,000. To be paid from General Fund. Requested by Patricia Saddler.
6. David Nettell to provide professional development and cooperative learning at Jefferson Elementary School for the period from 9/1/17–6/15/18. The cost will not exceed $13,000. To be paid from Restricted PTA Donations. Requested by Mary Cazden.
7. Bay Area Community Resources to provide counseling  services to LCAP unduplicated and targeted students at Thousand Oaks Elementary School for the period from 8/29/17 – 6/15/18. The cost will not exceed $11,000. To be paid from General Fund. Requested by Jennifer Corn.
8. R.I.S.E. to provide academic assistance for Berkeley High School students and their families for the period  from 7/1/17 - 6/30/18. The cost will not exceed $10,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
9. Special Service for Groups to provide mental health support and services to high needs youth and families for Independent Study for the period from 8/29/17 – 6/15/18. The cost will not exceed $10,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
10. 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 $30,000. To be paid from BSEP Fund and Child Development Fund. Requested by Maria Carriedo.
11. ENGEO to provide a geotechnical report for VAPA at West Campus project for FY2017/18. The cost will not exceed $16,500. To be paid from Measure I. Requested by Timothy White.
12. Increase in contract, PO180067 to American Services Roofing to provide roofing services for the Maintenance Department for the period from 7/1/17 – 6/30/18. The Board approved $25,000 on 5/31/17. The additional contract amount will increase the cost by $10,000 for a total amount of $35,000. The be paid from Measure H. Requested by Steve Collins.

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:          Warren T. Mull, Transportation Manager
DATE:          October 11, 2017
SUBJECT:    Approval of Contract Extension with American Logistics for Non-Public School (NPS) Transportation School year 2017-18

BACKGROUND INFORMATION:
Since August 2014, the District has had a contract with American Logistics to provide transportation for students attending Non-Public Schools (NPS) which automatically renews each year. Over the past few years the District has made significant progress in reducing the expenditures related to the transportation of NPS students. In addition, the vendor has worked with the District to reduce the cost of the service, including adjusting cost factors and creating incentives for timely payments. In 2016-17 the costs were less than the budgeted amount of $440,000.

FISCAL IMPACT:
The annual cost of service under the contract extension for 2017-18 will not exceed $440,000. This cost includes the services for the Extended School Year of Summer 2017.

STAFF RECOMMENDATION:
Approve Purchase Order with American Logistics for School year 2017-18 in the amount of $440,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:         October 11, 2017
SUBJECT:  Approval of Master Contract for Nonpublic Residential Facility Services for the 2017-2018 School Year

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

Residential facilities and schools must be approved by the California Department of Education even when they are located out-of-state. Services are provided pursuant to Ed. Code Section 56365. Students enrolled in nonpublic residential schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $141,735 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           October 11, 2017
SUBJECT:      Approval of Master Contracts for Nonpublic Schools for the 2017-2018 School Year 

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary, to provide an appropriate placement, special education and/or related services if no appropriate public education program is available. For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget. All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $724,317 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:       Board Policy Committee
DATE:        October 11, 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 Committee held extensive discussions on this policy on June 6, 2017, August 25, 2017, and September 15, 2017. The School Board discussed this policy on September 27, 2017, and no objections were raised to bringing it back on consent.

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:
Approve Board Policy 3101 (Reserve).

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Lisa Graham, Director of Special Education
DATE:        October 11, 2017
SUBJECT:  Special Education Fiscal Update 

BACKGROUND INFORMATION:
Over the past few years the District has seen a rise in special education costs and a reduction in the amount of special education funding to the District. As a result, staff has examined the main expenditures and revenues with the goal of identifying areas of potential cost savings. 

Tonight’s presentation will provide the Board with more detail regarding the trends that contribute to the rising costs of special education. 

Statewide Funding

From 2015-16 to 2016-17 Local Control Funding Formula grew by 5.41%. However, during that same time period, funding for students with disabilities (SWDs) was reduced by 1.09%, which impacted the amount Local Education Agencies (LEA) received to provide services to special education students. 

*Supplemental/Concentration (S/C), Education Protection Account (EPA), Grade Span Adjustment (GSA)

BUSD revenues and expenditures

Reasons for Rising Special Education costs include:

• CA State Funding Gap Widens
• Changes in enrollment (declining) compared to increasing determination of Special Education eligibility (AUT, OHI, preschool)
• Increasing STRS/PERS contribution costs
• Compensation Negotiations (BCCE, BFT, L21, UBA)
• Increasing Special Education Preschool & Adult Transition enrollment
• Inter-District Transfer (IDT) student enrollment approvals
• Legal costs associated with Alternative Dispute Resolution (ADR), Mediation & Due Process Hearings
• Non Public School (NPS) – Increasing education costs
• Transportation – Increasing transportation costs
• Specialized Behavioral / Mental Health Service needs
• Increasing Nursing / Medical Service needs
• Non Public Agency (NPA) – Increasing vendor rates
• Vacancies due to specialized service provider shortages (eg SLP, OT) often require NPA contractors to fill
• Vacancies due to various unexpected leaves including: maternity/paternity, medical, unpaid, etc. often require NPA contractors to fill

POLICY/CODE:
Education Code 39800

STAFF RECOMMENDATION:
Staff recommends continuing to analyze Non Public Agency (NPA) costs to determine if there are more cost-efficient ways to provide necessary services for students.

Bond Measure.  Berkeley voters passed Measure I in November 2010. The measure authorized the sale of $210,000,000 in General Obligation Bonds to complete renovations to Berkeley Unified School District (BUSD) facilities.  The Board Resolution in support of the Bond Measure provided a project list with specific school projects noted under three main categories: “Berkeley High School Completion; New Projects and Needed Equipment; and, Building Systems Renewal and Replacement and Exterior Grounds Improvement.”  The Bond Resolution and Project list are attached as Appendix 1.

2011 Initial Plan Projects.  The initial comprehensive list of specific projects with associated expenditure budgets was approved by the Board of Education in April 2011. The project list included nearly one hundred projects from large new buildings budgeted at nearly $30 million for BHS South of Bancroft new building and site work, to “Elevator Controls” budgeted at $117,000. The Total Expenditure Budget in the initial 2011 Facilities Plan was $220,997,000, with an unallocated balance of $5,117,000. The adopted plan included a schedule of work that initiated several major projects immediately, started on a number of system replacement projects, worked on fields at multiple sites and got the first solar renewable energy systems going. The Initial Plan Projects “Measure I Budget Summaries” from the April 17, 2011 Board item are attached as Appendix 2. 

Measure I Plan Implementation 2011-2014.  Construction progressed during the period from 2011 to 2014, with yearly plan adjustments of project costs and schedules to reflect evolving priorities and facilities needs.  The District completed significant major projects, and the facilities program was in design on several other major projects. 

Measure I projects completed or in construction in this period included:

1. Berkeley High School Stadium;
2. New BHS classroom building with associated site work at the softball field and courtyard;
3. Pre-K new classrooms and site work;
4. Jefferson new classroom building and renovations;
5. Moelllering Field at Derby St.;
6. King track;
7. West Campus District Offices and Board Room;
8. BHS Science labs upgrades;
9. Solar projects at Emerson, Washington, Malcolm X;
10. Systems replacements—example, new transformers at Washington and BAM;
11. Systems replacements—example, roof replacements at multiple sites;
12. Restroom upgrades at multiples sites.

Measure I projects in design or pre-construction during this period included:

1. Washington & BAM Portables Replacement;
2. Longfellow new Cafeteria in design;
3. Willard Cafeteria renovations in design;
4. Systems replacements projects at multiple sites—roofs, boilers, etc.

Measure I Transition 2014-2016.  With three years of major projects completed and in the pipeline, new leadership in the District Facilities division initiated a review of remaining anticipated projects. Facilities began the process of reconsidering the focus of future work to deal with continuing educational program inadequacies at the District’s sites, including continuing enrollment pressure.  As background to this project, the District initiated an Educational Specifications planning process to provide a set of basic facility standards for our schools in order to focus projects towards meeting educational program needs when renovations are undertaken.  A review of remaining projects showed a multitude of small modernizations and systems replacements—only one project budget out of 38 remaining projects at the K-12 sites was over $5,000,000.  It was clear that there were significant inefficiencies in managing and constructing such small projects.  In many cases the scope of work for these smaller projects was unclear, and the needed work at the sites was potentially much larger than the available funds.  The Facilities team began outreach and meetings with the sites to review upcoming projects and determine whether a more comprehensive set of projects might better meet the needs of the District.  This included work, for example, with the Berkeley High School Site Committee and Oxford Site Committee to seriously review originally anticipated projects at those sites and begin to focus on more comprehensive projects. These remaining projects, with a total budget of approximately $110,000,000, were the basis for planning to implement a reallocation of Measure I funds.  A worksheet of “Current and Future Projects Measure I” is included as Appendix 3.

Measure I Reallocation Plan January 2017.  After Board review, multiple discussions and presentations at the end of 2016, the Board adopted the Measure I Reallocation Plan at the meeting of January 11, 2017.  The plan included preliminary project budgets for 10 major projects.  The Berkeley High School Community Theater is an example of how the Reallocation Plan budgets were established—all of the remaining project budgets at the BHS site were rolled-up, combined with one of the smaller Career Tech projects (which would be a part of the BCT project) to allow for a full initial budget of $35,000,000.  The Facilities team initiated or continued planning and conceptual design efforts to more fully understand the full project scope, with an understanding that the full scope of the work would be beyond the initial budgets.  The “Board-adopted Reallocation 1-11-17” worksheet is attached as Appendix 4. 

Deferred Projects. An important consideration for the District is that consolidating projects to creating a more focused reallocation of funds means that a set original projects is deferred to future funding.  The “Deferred Projects Summary Reallocation” is included as Appendix 5. 

Reallocation Plan Update October 2017.  By the middle of 2017, the Facilities team had completed conceptual designs and cost estimates for the full scope of comprehensive renovations, reconfigurations, and new construction/additions for all of the identified projects in the Reallocation Plan.  The total cost of the full scope of work is far in excess of available funds remaining under Measure I.  Staff has prepared a presentation “Measure I Reallocation Plan Update” (accompanying document) which provides background and a summary for each of the major projects, including Decision Points and Options.  The presentation also includes a Recommendation for each project and a total set of initial project budgets for phased or partial work on the full scope—which is within available funds for Measure I.  The “Reallocation Updated Project Matrix” is included as Appendix 6.  Facilities staff is seeking board action on these proposed projects.

POLICY/CODE:
School Facilities support for educational programs.

FISCAL IMPACT:
Reallocates remaining projects Measure I Bond funds totaling $112,632,300.

STAFF RECOMMENDATION:
Approve the Reallocation of Measure I Bond Funds Recommended Option.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         October 11, 2017
SUBJECT:   Public Hearing for Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (BCCE) 

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations.  As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted.  The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Berkeley Council of Classified Employees (BCCE) and the District for reopeners between the District and BCCE for the collective bargaining agreement expiring June 30, 2018. This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

POLICY/CODE:
California Government Code Section 3547
Board Policy 4143.1
Board Policy 4243.1

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal and direct staff as appropriate.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         October 11, 2017
SUBJECT:   Public Hearing for Initial Proposals for Reopeners Between the District and the International Federation of Professional & Technical Engineers (Local 21)

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations. As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted. The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing is the initial proposal of the International Federation of Professional & Technical Engineers (Local 21) for reopeners between the District and Local 21 for the collective bargaining agreement expiring June 30, 2018.  This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

POLICY/CODE:
California Government Code Section 3547
Board Policy 4143.1
Board Policy 4243.1

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent 
FROM:       Natasha Beery, Director of BSEP and Community Relations
DATE:        October 11, 2017
SUBJECT:  Revision to AR 7310

BACKGROUND INFORMATION:
In keeping with Board Policy 7310 for Facilities Naming, which states that “the renaming of existing schools or major facilities shall occur only under extraordinary circumstances and after thorough study,” staff is proposing that once a review or naming process is underway, the review of another facility may not be initiated until the preceding process has been completed. 

This “one at a time” approach will permit district staff to focus limited resources on each project, given the substantial amount of community input required both for the review process and the naming or renaming process, and also allows time to propose adjustments to processes going forward.

Currently, a name review process is underway at one of the district’s elementary schools. Once that process is completed, most likely toward the end of this school year, the Superintendent or designee will review the effectiveness and implications of the current procedures detailed in the administrative regulations, and submit a proposal to revise or let stand the relevant policy and regulations as part of a report to the Board.

The Administrative Regulations were discussed with the Board Policy Subcommittee on September 14 and 29, 2017, and are attached for information to the Board, with the revisions in bold.

STAFF RECOMMENDATION:
Receive revised AR 7310 for information. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Education Services
Patricia Saddler, Director, Programs and Special Projects
DATE:         October 11, 2017
SUBJECT:   Additional LCAP Supplemental Funds Proposal for 2017-2018

BACKGROUND INFORMATION:
On June 29, 2017, BUSD was allocated $129,066. The 2017-2020 LCAP plan was board approved on June 28,2017.  In accordance with BP 0406, this new allocation was discussed with the Ed Services Directors, who created a shortlist of four priority areas for the allocation:  Secondary Math (Tenth Grade Students who failed Math One, Restorative Practices at BHS, African American Student Success and Training for Secondary Students and Staff on Anti-Bullying and Sexual Harassment Prevention and Intervention Strategies.

Staff worked with BHS Administration to determine what the critical needs are specifically for Unduplicated Students.  On September 18, the recommendations were discussed at the Education Advisory Committee Meeting, at which time there was strong support for the recommendations and it was suggested that Green Dot Training for Staff and Students would support the initial training that took place during 2016-2017. On September 21, the recommendations were presented at the Parent Advisory Committee Meeting, where there was a quorum present.  The PAC also gave unanimous support to the proposed recommendations.  

The new recommendations are:

$20,000 - the equivalent of a .20 FTE Math Intervention Teacher, who would be tasked with case managing a cohort of Tenth Grade Students who failed Math One.  This may include: Pushing into Math Classes, Regular Check In with the students and teachers, Progress Monitoring and Saturday Math Skills Workshops.

$10,000 - Training for Students that would focus on Healthy Lifestyles, Anti-Bullying and Advocacy against Sexual Harassment.  Staff would be trained to create a more comfortable environment for students to feel supported and more willing to discuss unhealthy behaviors and incidences. (Vendors are currently submitting proposals for review)

$60,000 - Restorative Practices Coordinator - this would be a second position that is needed at BHS with the number of students at that campus.

$39,066 - School Attendance and Welfare Position - this person would case manage a prioritized group of African American Students under the supervision of the African American Success Manager.

These recommendations are being submitted for approval.  Once approved, the LCAP plan will be amended to incorporate these new actions and services coupled with appropriate metrics and measurable outcomes.  

POLICY/CODE:
BP 0460

FISCAL IMPACT:
$129,066

STAFF RECOMMENDATION:
Receive recommended expenditures for the additional LCAP Supplemental Funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Patricia Saddler, Director, Programs and Special Projects
DATE:         October 11, 2017
SUBJECT:   2017-18 Parent Advisory Committee Members for the Local Control and Accountability Plan and meeting schedule

BACKGROUND INFORMATION:
Staff is presenting to the Board the members of the 2017-18 Parent Advisory Committee (PAC), which is required to review, provide input and comment on the Local Control and Accountability Plan (LCAP).  In accordance with Board Policy 0460, Principals have submitted the names of parent/guardian representatives to Staff and the Superintendent.  The following list of representatives incorporates new two-year service terms at the elementary level. Berkeley Technology is currently searching for a parent representative.  If a vacancy occurs, the Superintendent may replace a PAC member without requiring Board approval. A disruptive or habitually absent member of the PAC may be removed by the Superintendent or by a two-thirds' vote of the PAC.

BUSD Parent Advisory Committee 2017-18

The PAC includes members who represent the priority groups identified by the state: English learners, students who qualify for the National School Lunch Program, and foster youth.  In addition, staff has ensured that parents of African-American students and parents of students who have qualified for Special Education services have been included on the PAC.  

As the year commences for the Parent Advisory Committee, here are important dates:

Meetings: (Third Thursday of each Month)
10/ 19 – PAC Orientation
11/16
1/18
2/15
3/15
4/19
5/17

All meetings will be held at 2020 Bonar Street, Room #126, at 6:30 pm. Childcare will be provided.  

STAFF RECOMMENDATION:

Receive membership of the Parent Advisory Committee for the Local Control and Accountability Plan for information. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Dana Clark, Compliance Officer and Title IX Coordinator
DATE:         October 11, 2017
SUBJECT:   Williams Quarterly Report

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

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

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

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

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

Staff is now reporting that between July 1, 2017 and September 30, 2017 there were no Williams Complaints filed.

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 

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

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.