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.

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: Board of Education
FROM: Donald Evans, Ed.D, Superintendent
Pasquale Scuderi, Associate Superintendent
DATE: October 25, 2017
SUBJECT: Thousand Oaks Heritage Program: Exploratory Committee Update

On June 28, 2017, the Board voted to phase out the existing bilingual program at Thousand Oaks over the next 5 years, and directed that the incoming kindergarten class of 2017 would be the last cohort of students in the program. The Board also approved the concept for exploring a Latino heritage program that would replace the existing program beginning with the incoming kindergarten class in fall 2018.

In the subsequent months, an exploratory committee consisting of staff and parents has met to explore the concept of a heritage program. Led by Principal Jen Corn and Cheryl Chinn (BUSD retired administrator), the committee has met multiple times to discuss possible program changes for the 2018-2019 school year.

After much discussion and reflection among committee members and with staff and families, the exploratory committee has prioritized a Global Learning program that is inclusive of all the diverse students at TO. A school-wide emphasis on Global Learning would create rich opportunities for all TO students, including Latino children and families, to see themselves reflected and celebrated in the curriculum.  The program could also serve as a model and potential pilot for a more intentional approach to cultural and ethnic studies at the K-5 level, which some members of the Board and the community have requested that we explore.

This developing Global Learning concept may include components such as:

• Social Justice and Fairness

• Culture: Value, Beliefs and Rituals

• Environmentalism and Climate

• Constructing Identities / Holding Multiple Perspectives

• Current Events within a Historical Perspective

• Connection, Compassion and Empathy

• Prejudice, Bias and Stereotyping

The Board had originally requested that the committee return with a recommendation by December 2017, in time for the kindergarten fair, and in time to begin a new program in the fall of 2018. However, the committee would like more time to resolve unanswered questions, and does not want to rush implementation of a new school-wide program. Therefore, the committee has requested an extension to explore this global learning program during this school year and over the summer of 2018, with the goal of beginning the program in fall 2019 (as opposed to fall 2018).  The committee has also requested a small amount of one-time funding to help staff this committee work and perhaps enlist outside experts for consultation along the way.  

Staff is pleased with the work of the committee, and believes that its requests are reasonable. Thus, staff is recommending that the Board approve extending the work of the committee and expanding its membership to include teachers from each grade level at Thousand Oaks, as well as one-time funding to support the work of the committee.  Note that, per the Board’s decision in June 2017, the incoming kindergarten cohorts in the fall of 2018 will be general education classes at Thousand Oaks.

STAFF RECOMMENDATION:
Extend the work of the exploratory committee at Thousand Oaks through March of 2019, when the committee will provide a detailed program proposal to the Board for implementation in August of 2019.

Provide up to $10,000 in one-time funds to enlist consultants and to provide six teachers 24 curriculum development hours over the summer and/or after school through August of 2018 to begin development of this program. Staff will reassess and update the Board next fall and may request additional funds in preparation for the presentation to the Board in March of 2019.  One-time funds requested for this project will not exceed $15,000 total.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       October 25, 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:            Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:             October 25, 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. AT&T YourCause, donated $40.00 to Thousand Oaks Principals’ Discretionary Fund.
2. Chevron and Libby McLaren donated $830.00 to John Muir Elementary School Principals’ Discretionary Fund.
3. Wells Fargo Community Support Campaign donated $892.23 to Rosa Parks Elementary School Principals’ Discretionary Fund.
4. The Kula Foundation donated $0.31 to Rosa Parks Elementary School for the Principals’ Discretionary Fund.
5. Anja’s Kitchen donated $392.00 to Gardening and Cooking Program.
6. Rosa Parks PTA donated $80,025.00.
7. Cragmont PTA donated $66,380.00 to pay for Art Instruction for 2017-18 SY
8. AT&T YourCause, donated $580.00 to  Thousand Oaks Elementary Principals’ Discretionary Fund
9. Berkeley Arts Magnet PTA donated $800.00 to Visual Arts.
10. Philanthropic Ventures Foundation donated $500.00 to Cragmont Elementary School for 3^rd grade field trips to EBMUD’s San Pablo Reservoir.
11. Philanthropic Venture Foundation donated $453.00 to Thousand Oaks Principals’ Discretionary Fund.

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 $150,892.54 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        October 25, 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. Ellen Evangeliste to provide digital arts instruction for Cragmont Elementary School for the period from 8/29/17 – 6/15/18. The cost will not exceed $66,380. To be paid from General Fund. Requested by Michelle Sinclair.
2. United California Glass & Door to provide door and gate repair services for the Maintenance Department for the period from 7/1/17 – 6/30/18. The cost will not exceed $11,000. To be paid from Measure H. Requested by Steve Collins.
3. Illuminate Education to provide reporting tools to simplify the data analysis process for BUSD. The cost will not exceed $56,808. To be paid from BSEP Fund. Requested by Pasquale Scuderi.
4. Ratification of contract with HY Floor & Gameline Painting to provide gymnasium floor repair at King Middle School for the Maintenance Department for the period from 10/16/17 – 6/30/18. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
5. The NCHERM Group, LLC to provide training and consulting pertaining to Title IX compliance from 08/24/17 - 08/24/18. The cost will not exceed $32,500. To be paid from General Fund. Requested by Dana Clark.  

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, Intermin Asst. Superintendent of Business Services
DATE:         October 25, 2017
SUBJECT: Approval of Payroll Warrants Issued in September 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 September 2017.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,378,147.77, for September 2017 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in September 2017.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Intermin Asst. Superintendent of Business Services
DATE:    October 25, 2017
SUBJECT: Approve Listing of Warrants issued in September 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 September is attached for the Board’s review.

POLICY/CODE: 
Educational Code Section 41010 et seq.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          October 25, 2017
SUBJECT:  Approval of Out-of-State Travel Request

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

2018 National Title 1 Conference, Philadelphia, PA, February 8-11, 2018
Approval for Patricia Saddler, Director, Programs and Special Projects and Siu Lau, Senior Budget Analyst, to attend this four-day, three-night conference in Philadelphia, PA. The National Title 1 Conference is an annual project of the National Title 1 Association and the only conference focused entirely on national Title 1 issues.  The Conference emphasizes the critical nature of doing what is right and what is needed to help every child succeed and achieve at high levels.  Additionally, at this conference Pat will learn about the new requirements for the Every Student Succeeds Act (ESSA) and how the regulations will impact Title 1 programs and funding. Requested by Pat Saddler, Director of Programs and Special Projects.  Travel and conference cost is approximately $6,470.00 and will be paid by Federal Title 1 funds.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the 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:           October 25, 2017
SUBJECT:    RATIFICATION-Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trip requests are being presented for ratification:

Wildcat View Campground, Pt. Richmond-October 5-6, 2017
Approve participation of 75 fifth grade students, three teachers and seven other adults from Jefferson School on a two-day, one-night field trip to Tilden Park/Wildcat View for the purpose of studying the environment of the park while working on team building, cross-classroom connections, decision-making, and leadership training. The LHS will provide experiences with scientific method and STEM activities. The students will sleep in gender-specific tents located in separate camping areas and both will have adult chaperones. The cost of $20.00 per student will be paid by parent donations. No student will be denied access based on inability to pay.  Requested by Mary Cazden, Jefferson School Principal.

Samuel P. Taylor State Park, San Francisco, CA-October 12-13, 2017
Approve participation of 27 fourth/fifth grade students, one teacher and three other adults from Jefferson Elementary on a three-day, two-night field trip to Samuel P. Taylor State Park near Pt. Reyes. The focus of the trip will be to provide opportunities for learning, leadership and cooperative skills. We’ll also be visiting the Bear Valley Visitor’s Center and studying the different classifications of animals and plants in the area, as well as taking the Earthquake Trail to see the effects of the San Andreas Fault. Furthermore, we will be taken on a tour of the Miwok Village, Kule Loklo, and be exposed to the life and culture of the Miwok people. The students will be given many challenges to work on that will encourage trusting each other, taking emotional and physical risks and the building of a supportive community environment within which to take those risks. We will be connecting much of our learning this year to this event. Students will sleep in gender-specific tents. BUSD will provide transportation. The cost of $25.00 per student is being paid through class fundraising and parent donations. No student will be denied access based on inability to pay. Requested by: Mary Cazden, Jefferson Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Education Services
Patricia Saddler, Director, Programs and Special Projects
DATE:         October 25, 2017
SUBJECT:   Approval of Additional LCAP Supplemental Funds Proposal for 2017-2018

BACKGROUND INFORMATION:
On June 29, 2017, BUSD was allocated $129,066 in additional LCAP Supplemental Funding.

Given that the 2017-2020 LCAP plan was Board approved on June 28, 2017, and in accordance with BP 0406, this new allocation was discussed with the Ed Services Directors, who created a short list 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 students meeting the "unduplicated" criteria for LCAP.  On September 18, the recommendations were discussed at the Education Advisory Committee (EAC) meeting, at which time there was strong support for the recommendations and it was suggested that Green Dot Training for Staff and Students (sexual harm and school climate training) would support the initial training that took place during 2016-2017.

On September 21, 2017, the recommendations were presented at the Parent Advisory Committee (PAC) 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 10th Grade Students who failed Math 1.  This may include: Pushing into Math Classes, Regular Check In with the students and teachers, Progress Monitoring and Saturday Math Skills Workshops.

$10,000 - Green Dot Training for targeted students and staff

$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 - Student Welfare and Attendance position - this person would case manage a prioritized group of African-American Students under the supervision of the African-American Success Project Manager.

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

POLICY/CODE:
BP 0460aes12

FISCAL IMPACT:
$129,066

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         October 25, 2017
SUBJECT:   MOU - Eastbay Trades Apprenticeship Pathway

BACKGROUND INFORMATION: 
Current California policy for adult education emphasizes transitions to career and college. Pre-apprenticeship is an authorized area in which adult schools may deliver instruction. Since fall 2015, Berkeley Adult School has contributed math instruction to a pre-apprenticeship program sponsored by the non-profit Rising Sun Energy Center. Through this relationship with Rising Sun, BAS has been invited to join the Eastbay Trades Apprenticeship Pathway (EB TAP).

EB TAP is an alliance of adult schools, community colleges, community based organizations, workforce development boards, building trades councils, Bay Area Apprenticeship Coordinators Association, the California Division of Apprenticeship Standards, and other related parties active in Alameda and Contra Costa Counties. A Memorandum of Understanding is formalizing commitments to plan together, leverage one another’s resources and seek additional funds to the end of meeting market demands for skilled tradespeople.

POLICY/CODE:
Ed Code 84913

FISCAL IMPACT
None

STAFF RECOMMENDATION
Approve Berkeley Adult School’s participation in Eastbay Trades Apprenticeship Pathway.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans,  Ed.D., Superintendent
FROM:         Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          October 25, 2017
SUBJECT:    Approval of Berkeley Adult School MOU with Project SEARCH

BACKGROUND INFORMATION:
Current law authorizes adult schools to use adult education funds on programs designed particularly for Adults with Disabilities. California policy for adult education emphasizes transitions to career and college. Project SEARCH is an instructional program model supporting adults with developmental disabilities in making the transition to employment. The model engages participants in internships on-site at an employer’s facility. A teacher gives daily instruction in skills for workplace success. Job coaches liaise with workplace supervisors and work with teachers to create job aides and other supports for participant success.

It is proposed that Berkeley Adult School join with non-profit East Bay Innovations to deliver a Project SEARCH program at The Claremont Club & Spa. BAS will provide a part-time teacher who will deliver classroom instruction and also provide learning support for individual participants within their internships. East Bay Innovations will provide the job coaches who help participants learn their jobs and troubleshoot unexpected events. The Claremont will identify internship placements within their facility. Participants will be age 22 and up, and will be clients of the California Department of Rehabilitation and the Regional Center of the East Bay. BAS’ services will be paid for entirely by a vendor agreement with the California Department of Rehabilitation.

A Memorandum of Understanding specifies the contributions of BAS, East Bay Innovations and The Claremont. A vendor contract for this activity is now being arranged between BAS/BUSD and the Department of Rehabilitation for this activity.

POLICY/CODE:
Ed Code 84913

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Berkeley Adult School’s participation in Project SEARCH at The Claremont Club & Spa.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         October 25, 2017
SUBJECT:  Approval to Authorize Amendments to Contracts with California Department of Education for the Child Development Programs for 2017-2018

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR). Funding is based on actual student attendance with each full day of student attendance generating revenue of $49.10 per day.  Partial day rates are pro-rated to the full day rate.

The amended amount for the California State Preschool Program (CSPP) is $2,988,128 an increase of $345,065, and the amended amount for Child Care Services (CCTR) program is $1,842,216 an increase of $212,266.

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$557,331 in additional potential revenue for the Pre-School Child Development and School Age Child Care Program

STAFF RECOMMENDATION:
Accept the contract amendments.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Board of Education
FROM:           Jay Nitschke, Director of Technology
DATE:            October 25, 2017
SUBJECT:     Approval of Contract for Copier Services

BACKGROUND INFORMATION:
In order to improve efficiency and reduce costs, all District copier services were placed under one contractual agreement.  The contract provided for 52 copiers for the schools and administrative offices, as well as a Print Shop equipped with high volume and color copiers.

The current contract is an extension of a contract awarded after an extensive RFP project, and expires in March 2018, but the need for newer copiers and increased capacity has been heard from several sites. 

The District and Xerox entered discussions to extend the current contract on much the same basis as current five-year-old contract, with the goal pf providing improved capacity and service while decreasing costs. 

Currently, 40% of the District’s copy volume is being done at Print Shop. Print Shop staff also provide the first line of maintenance for all District copiers. Additionally, Print Shop capabilities are increasingly used for more sophisticated jobs; for example, the Benefits information packets we produced by the Print Shop, substantially reducing General Fund expenditures for these documents.

The new contract will provide the following improvements in equipment and service:

• New copiers with advanced capabilities will replace existing copiers throughout the District.
• Improved, faster two-sided on both sides of a document simultaneously in color to PDF will be supported on all copiers District-wide.
• Additional copiers will be added to the contract, so all elementary schools will have two copiers. An additional copier will be placed at Berkeley High.
• The contract includes all tape binding and staples.

The proposed contract is through December 1, 2022. New equipment will be installed during the months of November and December 2017.

The current budget for lease and copier maintenance expense is $699,504.00. The new contract annual cost based on current usage will be $676,500 annually. Over the last three years, overall usage has been flat across the district.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
There will be an annual savings of approximately $23,000 annually based on current usage. Usage has been flat for the last three years.

STAFF RECOMMENDATION:
Approve new contract with Xerox for Duplicating and Print Management Equipment and Services.

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities        
DATE:        October 25, 2017
SUBJECT:  Accept the Completion of the Malcolm X Building Exterior Rehabilitation Project and Approve Resolution Number 18-007

BACKGROUND INFORMATION:
On June 15, 2016, the Board awarded a contract to Vila Construction for the Malcolm X Building Exterior Rehabilitation Project. The project included the removal and replacement of the windows and stucco as well as interior flooring and painting. On November 2, 2016, the Board approved Futility Resolution 17-041 acknowledging that the project change orders would exceed the 10% contingency. The project is now complete and staff requests Board acceptance of the project, which will allow filing a Notice of Completion with the County and permit release of retention.

POLICY/CODE:
California Public Contract Code 20110-20118. 

FISCAL IMPACT:
The project was funded with Measure I bond funds.  The project had change orders of $1,143,514.56 or 34% above the Board awarded amount.

STAFF RECOMMENDATION: 
Accept the project as complete and approve resolution number 18-007.

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702

President Alper called the meeting to order at 7:40pm. 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 – Excused
Judy Appel, Director -- Present
Uma Nagarajan-Swenson, Student Director, BHS – Excused
Kimora Ashby, Student Director, BTA – Excused 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business 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 – Anticipated Litigation (Government Code Section 54956.9(b))—One (1) Potential Case
The Board discussed and gave direction to President. No action taken. 

Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—Local 21 and BCCE Negotiations (Government Code Section 54957.6)
The Board discussed and gave direction to staff. No action taken.

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed the Superintendent’s evaluation; no action taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA 
At the request of Director Leyva-Cutler, item 2.3 was pulled for action and will follow item 14.1.
Motion to approve agenda as amended:
Appel/Daniels and unanimously approved 4-0

RECOGNITION
Former members of the Citizens Bond Oversight Committee were recognized. 

PUBLIC TESTIMONY
A total of 13 people addressed the Board:

Five comments on hate speech at BHS. 

Seven comments on tennis courts at BHS.

One comment on Free Speech Week. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

President Alper read aloud a statement from Student Director Uma Nagarajan-Swenson in response to an incident at BHS involving hateful social media posts. He also made a statement of his own.  His statement acknowledged the existence of racism, anti-Semitism, ableism, homophobia, and discrimination of all kinds in Berkeley. He expressed that we have as much of an obligation to protect students who are affected by such hateful acts as we do preventing them in the first place. He encouraged everyone to unite as we move forward in continuing to do the hard work ahead, and he thanked students, classified staff, teachers, and administrators for their commitment to do so.

Superintendent Evans thanked President Alper for his remarks. He also thanked the students who have been part of the constructive conversations surrounding the social media incident. He added that expressions of racism and other forms of hate are not tolerated in Berkeley. He reaffirmed his commitment to working through this alongside students, teachers, staff, administration and the Board. He went on to report that the PAC met last week for the first time and discussed their recommendations for the use of additional funds. He also reported that he met with the LeConte community around school name change.

Director Leyva-Cutler thanked President Alper for his statement and requested that it go out District wide on behalf of the Board. She also thanked all of the students who came out tonight. Will hold office hours next week on Monday at 4:30pm.

Director Appel thanked all of the students for their comments as it is important more than ever to speak up. She also thanked President Alper for his words which she found to be expressive of the Board’s values. She said students need to know that they are supported and loved. She added that despite the current divisive environment that we live in, we cannot be stripped of our ability to stand together in unity. She is hopeful as we move forward in a positive and healing way.

Vice President Daniels expressed how proud he was as a BHS alum to see so many BHS students speak up at Board meetings.  

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Appel/Leyva-Cutler and unanimously approved 4-0. 

DISCUSSION ITEMS
Discussion about Tennis Courts for Berkeley High
Allotted time: 40min
Actual time: 40 min

Director of Facilities Tim White explained that following the Board’s approval of the Measure I Facilities Reallocation Plan in January, the facilities department has been able to comprehensively analyze the facilities needs at the various sites. With respect to the tennis courts project which was initially part of a shared, multi function design allowing for parking and housing, the Board had authorized a total of $5 million. When the consultant concluded analysis, however, we found out that costs associated with this project would exceed the $5 million allotted. The response from the community and other stakeholders was that we consider the feasibility study that previously proposed the building of five tennis courts and one full basketball court at Moellering Field. The request from staff tonight to once again consider Moellering Field is based on our ability to remain within the allotted $5 million and on the expediency with which the courts can be installed there. Question and discussion followed. 

This item will come back to the Board for further discussion.

BP 3101: District Reserve Policy
Allotted time: 20 min
Actual time: 23 min

Vice President Daniels explained that it is state mandated for a school district our size to have a 3% budget reserve. This policy would create an additional committed reserve of 1% of our General Fund requiring the Board to pass a resolution. Another resolution would be required in order to uncommit said funds. In addition, the policy allows for setting aside funds for committed reserve only if we are in good financial standing, and the amount funded will be determined by June’s estimated actuals. Daniels went over the conditions that need to be met in order to uncommit funds. Only one of the six conditions must be met. He directed the Board to the last condition requiring that all Board members be present and seated during the vote. A majority of the Board supported the availability of a condition that would allow all five members of the Board to vote to uncommit the funds. Questions and discussion followed. 

A majority of the Board supports this policy. This policy will come back for approval. 

ACTION ITEMS

Approval of Resolution for K-12 Textbook/Instructional Materials Compliance for 2017-18—Public Hearing (9pm)

Motion to approve resolution:
Beatriz-Leyva/Alper and unanimously approved 5-0.

Resolution supporting DACA Legislation 

Director Leyva-Cutler said this resolution is a demonstration of our commitment to support our students and their families. 

Motion to approve resolution:
Leyva-Cutler/Alper and unanimously approved 5-0.

EXTENDED PUBLIC COMMENT
Six comments on tennis courts. 

ADJOURNMENT
10:10 p.m.

BERKELEY PUBLIC SCHOOLS

President Alper called the meeting to order at 7:30 pm. He reported that the Board convened to Closed Session at 6:30 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 (8:38pm)
Uma Nagarajan-Swenson, Student Director, BHS – Present
Kimora Ashby, Student Director, BTA – Absent 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business 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))

Claim No. 14079032

Motion to approve staff recommendation:
Hemphill/Leyva-Cutler and approved on a 3-0-1-1 vote:
Ty Alper, President – Yes
Josh Daniels, Vice President – Abstained
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Judy Appel, Director – Absent

Claim No. DSC1503595
This item was pulled from the agenda 

Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—BCCE Negotiations (Government Code Section 54957.6)
The Board discussed and provided direction to staff; no action taken.

Threat to Public Services of Facilities (Government Code Section 54957)—Officer Matt McGee
This item was pulled from agenda.

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed the Superintendent’s evaluation; no action taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
At the request of President Alper, item 11.9 was pulled. Item 14.3 was moved to consent, item 14.2 was moved to discussion and will follow item 12.2.

Motion to approve agenda as amended:
Daniels/Nagarajwan-Swenson and unanimously approved 5-0

PUBLIC TESTIMONY
A total of 14 people addressed the Board:

Two comments in support of the proposed reallocation of Measure I funds.

12 comments opposing the paving of Moellering Field. 

UNION COMMENTS

BFT President Cathy Campbell commented in support of the proposed allocation of additional LCAP funds.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler reported that she attended the CLSBA annual unity conference.

Vice President Daniels highlighted the small revision to the AR regarding naming of facilities.

Director Hemphill canceled her office hours this Saturday. She addressed the racial incidents at BHS and expressed her concern. She applauded the Black Student Union for their work in response to such incident and looks forward to continuing to work with them. 

Superintendent Evans reported that the students who created the Instagram account used to post hateful comments have been disciplined. He added that as of tonight, we will not be closing schools in light of the poor air quality.

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

DISCUSSION ITEMS
Special Education Fiscal Update
Allotted time: 30 min
Actual time: 67 min 

Director of Special Education Lisa Graham presented an update regarding the special education budget. Her presentation provided a fiscal overview of the special education department and provided explanation and context for rising special ed costs attributed to enrollment changes, increasing contribution to STRS/PERS, IDT approvals, and legal costs among other factors. She also presented an update in BUSD sped demographics and on disabilities. Questions and discussion followed.

President Alper requested that a comparison of legal costs with other comparable districts be included in next update to the Board.

The Board agreed to have staff’s proposals just contain costs. If necessary, a separate session could be scheduled for a deeper dive into other program components. 

Facilities Measure I Bond Reallocation
Allotted time: 45 min
Actual time: 58 min

School Facilities Consultant Bill Savidge presented an update on the Facilities Measurer I Bond reallocation. His presentation provided an overview of completed and current projects in design. He presented plans for West Campus, BHS theaters, and Oxford that included reconfiguring options in an effort to remain within approved budget. Questions and discussion followed. This issue will be referred for review to the new Facilities Subcommittee.

Additional LCAP Supplemental Funds Proposal for 2017-18
Dr. Saddler presented the proposed list of priorities for the allocation of additional LCAP 2017-18 funds. This will return before the Board for approval at the next meeting. Questions and discussion followed. 

ACTION ITEMS 

Public Hearing for Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees

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

Public Hearing for Initial Proposals for Reopeners Between the District and International Federation of Professional and Technical Engineers (Local 21)

Motion to approve:
Daniels/Alper and unanimously approved 6-0.

ADJOURNMENT
10:55pm

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D,  Superintendent    
FROM:    Patricia Saddler, Ed.D, Director of Programs

                        Pasquale Scuderi, Associate Superintendent

DATE:     October 25, 2017
SUBJECT:    California Accountability Model and School Dashboard System

BACKGROUND INFORMATION:
In 2013, Governor Brown signed the Local Control Funding Formula (LCFF) into law, along with a new accountability system based on two principles:  

(1) provide resources more equitably to students with learning and socio-economic barriers, and

(2) provide greater flexibility for educators to serve and respond to their students’ needs.  

LCFF required the State Board of Education (SBE) to develop an accountability tool known as the Evaluation Rubrics. The Evaluation Rubrics must include a concise set of state and local indicators that reflect performance on the LCFF priorities and performance standards for each indicator to assist local educational agencies (LEAs) and schools in identifying their strengths, weaknesses, and areas in need of improvement.

In 2015, the Every Student Succeeds Act (ESSA) was signed into federal law, and replaced the No Child Left Behind Act of 2001.  One of the requirements under this new law is for states to have a new multiple measures accountability system in effect by the 2017-18 school year based on the following five areas:  

(1) achievement as measured by proficiency based on annual state assessments

(2) four-year cohort graduation rates for high schools

(3) another academic indicator for elementary and middle schools (e.g. growth measure)

(4) progress in English language proficiency for EL’s 

(5) at least one other indicator of school quality or student success that is valid, reliable, comparable and statewide (e.g. postsecondary readiness or student engagement).

Rather than developing two separate systems, the new  system has been designed to meet the state requirements of LCFF and the federal requirements of Every Student Succeeds Act (ESSA).  California’s integrated accountability system provides a more complete picture of how schools are meeting the needs of the students by measuring school and District progress using multiple measures that contribute to a high quality education.

These multiple measures that will be extracted from CALPADS will include high school graduation rates, career/college preparedness, student assessment results in English language arts/literacy (ELA) and mathematics, English learner (EL) progress, suspension rates and chronic absenteeism.  

Districts will be responsible for gathering data and assessing if the goal has been met for four local indicators: parent engagement, school climate, implementation of Academic Standards, and Basic (Teachers properly credentialed and assigned, ensuring that students have access to instructional materials at school and home, and ensuring that our facilities are in “good condition”).

These state indicators and local indicators will be reported to the public through the California School Dashboard which is can be viewed on the California Department of Education Web site that educators and the public can view and use to see how LEAs and schools are meeting the needs of California’s diverse student population. (https://www.cde.ca.gov/).

California Dashboard Indicators

In an attempt to align the Dashboard with the district LCAPs, the same (8) Priority Areas were utilized to identify the new state indicators.   Additionally, the Indicators were developed using the following criteria: (1) being valid and reliable measures, (2) having comparable, state-level data, and (3) the ability to disaggregate data by student groups.  These criteria ensure a common and comparable way of measuring performance on the indicators across the state.  

The indicators apply to all local education agencies, schools and student groups (e.g. race/ethnicity, socioeconomically disadvantaged, EL’s and students with disabilities) with progress being reported on the Dashboard.  These performance standards will be used to support LEAs in identifying strengths, weaknesses, and areas for improvement; to assist in determining whether LEAs are eligible for assistance; and to assist the State Superintendent of Public Instruction in determining whether LEAs are eligible for more intensive state support/intervention.

State and Local Indicators Listed by Priority Area

Currently, districts are collecting data to determine if the local indicators have been “met” or “not met”.  This process requires the utilization of internal district data such as:

A. Williams Compliance Data ( Teacher Assignment and Credential Match, Availability of Instructional Materials and assessment of facilities).

B. CDE Indicator Reflection Tool for assessment of

1. how the district is implementing the academic standards in: ELA Common Core, ELD aligned with ELA, Math Common Core, Next Generation Science Standards and History Social Science.   

2. areas where there needs to be improvement in the delivery of instruction of the academic standards and curriculum frameworks in the above subjects.

3. Progress in implementing: Career technical Education, Health Education Content Standards, Physical Education Model Content Standards, Visual and Performing Arts and World Languages.

4. Assess the level of support for Administrators and Teachers during 2015-16 in identifying their needs for professional learning and deeper mastery of the standards.

C. The Parent Survey data

D. The California Healthy Kids Survey data

On November 1, 2017, the collected data will be shared with the Board and the recommendation for the Local Indicator scores (met or not met).  

This information will be submitted to the California Dashboard no later than November 30, 2017.  The Fall 2017 Dashboard will be released publicly in early December.

STAFF RECOMMENDATION:
Receive the report.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:         Pasquale Scuderi, Associate Superintendent
DATE:          October 25, 2017
SUBJECT:    2017-18 Student Enrollment Update

BACKGROUND INFORMATION
In June of 2015, the Berkeley Board of Education approved a new Admissions and Enrollment Policy (BP5111).  Presently, Berkeley Unified School District (BUSD) has 9792 students enrolled in District schools, an increase of 137 from the same time last year. 

The new Admissions Policy asks parents/guardians of students transitioning from elementary school to middle school and from middle school to Berkeley High School to re-submit proofs of Berkeley residency.  A total of 1392 5^th and 8^th grade students complied with the Board’s Admissions Policy.   Additionally, approximately 1473 new students have enrolled in BUSD for the 2017-18 school year thus far.

The new Admissions Policy requires students transitioning from 5^th grade to 6^th and from 8^th grade to the 9^th grade to certify that they continue to be Berkeley residents. Of approximately 744 5^th graders and 723 8^th 
graders enrolled in the 2016-17 school year, 95% complied with the residency requirements in order to continue on to middle school and to Berkeley High School respectively.  There was extensive outreach on the part of the Admissions Office to assist families transitioning to middle school and high school.  Families were informed in writing as well as via personal phone calls and communications from the elementary and middle schools. The Admissions Office was also open during three Saturdays in January to accommodate working families. 

In order to ascertain the compliance of the Berkeley residency requirements, at times it has been necessary to conduct address verifications.  District staff has visited 331 residences of students enrolling for the 2017-18 school year.  Of the 331 address verifications, 62 (19%) students were not enrolled in Berkeley Unified Schools because they did not reside in Berkeley. The address verifications have been conducted throughout Berkeley, Oakland and West Contra Costa. The accompanying map indicates where bulk of the address verifications have taken place. 

Berkeley Unified School District has also accepted students on inter-district permits.  There are 942 students attending BUSD on inter-district permits.  For the 2017-18 school year, 113 new students were admitted into BUSD schools.  Of the 113 inter-district permits granted, 11 were to children of BUSD employees and 19 to families who had children in our BUSD schools, and 4 were granted because of extenuating circumstances.   BUSD also denied 124 inter-district requests; 23 were students who did not comply with Board policy and 101 were new permits.  Students attending BUSD schools come from a diverse background. We are attaching to this report a table detailing the numbers of inter-district students by grade and ethnicity. 

Berkeley residents also requested inter-district permits to attend schools outside of Berkeley.  Ninety-nine students requested inter-district permits for the 2016-17 school-year to attend not BUSD schools.  The breakdown for the students opting not to attend BUSD is as follows:  36 for elementary school, 20 for middle school and 43 for high school. 

POLICY/CODE:
Board Policy 5111, Student Admissions and Enrollment

FISCAL IMPACT:
None

STAFF RECOMMENDATION
Receive 2017-18 student admissions update report for information. 

BERKELEY UNIFIED SCHOOL DISTRICT                           

TO:              Donald Evans, Ed. D., Superintendent
FROM:         Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          October 25, 2017
SUBJECT:    School Class Size Report

BACKGROUND INFORMATION:
Since 1987, the Berkeley Schools Excellence Program (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all Berkeley public schools.  In 2016, BSEP Measure E1 reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to continue maintaining a lower student-to-teacher class size ratio.  Currently, BSEP funds approximately 30% of classroom teachers in Berkeley schools.

The class size goals of the measure are to maintain a district-wide class average of 23 students to one teacher in kindergarten, 20 students to one teacher in first through third grade, 26 students to one teacher in fourth and fifth grade, and 28 students to one teacher in sixth through twelfth grade.

Class size reports for the elementary, middle and high school follow.

In general, the class size goal was met at the elementary level except in 1^st  grade, 3^rd  grade and 4^th grade. There are also three combination classes where the district-wide class averages are slightly higher. A number of factors contributed to missing the goal: 

• High enrollment and limited facilities options at elementary schools
• Significant enrollment over the years in what is now 3^rd  and 4^th grade
• District policy to not move students once they are attending a given school 

Middle school class size averages met the BSEP goal, with an average class size of 27 in sixth grade.  The district-wide class size average in 7th and 8th grade 26.98.  However, the 7th and 8th grade history average is 28.1.

High school class size averages slightly exceeded the BSEP goal, with an average class size of 28.4 at Berkeley High School excluding PE.

POLICY/CODE:
Berkeley Schools Excellence Project, Measure E1 of 2016 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the School Class Size Report for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
Patricia Saddler, Director, Programs and Special Projects
DATE:         October 25, 2017
SUBJECT:   Spring 2017 UC Berkeley Evaluation and Recommendation for BUSD Summer School

BACKGROUND INFORMATION:
Since 2011, BUSD has implemented the Academic Advancement Summer School Program for students in grades Kindergarten through Five. This program was established to align with the goals of the 20/20 Vision and to support students to improve reading and math achievement. The students who are targeted to attend the summer school are those who are eligible for free meals, English learners or students with disabilities. There is currently a measurable achievement gap in BUSD, and these students tend to be the students who, for a variety of factors, are not responding positively to the numerous interventions and quality Tier 1 instruction provided during the regular school year.  

BUSD is not alone facing this challenge, and there have been numerous research studies on the impact of Summer Learning Loss. The District partnered with the Goldman School of Public Policy to enlist the services of a graduate student who spent six months investigating our summer school practices, reviewing current research on Summer Learning Loss and researching other summer academic models.  The research was captured under two large domains:  Program Infrastructure and Student Learning.  Included in the final report are both quantitative and qualitative data and recommendations for next steps to improve the overall quality of the summer program and ultimately student achievement.  Please receive the attached study summary.

POLICY/CODE:
N/A

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Receive this study as an informational tool that will be utilized by staff as the summer school model is revised to ensure that it is meeting the needs of BUSD students.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:  School Board
FROM: Donald Evans, Ed.D., Superintendent
DATE:  October 25, 2017
SUBJECT:   BB 9322: Agenda/Meeting Materials

A member of the public has requested that Board Policy 9322 be placed on the Board's agenda. Attached please find the current version of Board Policy 9322.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Board Policy Subcommittee
DATE:        October 25, 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).

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.