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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 6:15 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:                Donald Evans, Ed.D., Superintendent
FROM:          Pauline Follansbee, Interim Assistant Superintendent
DATE:           January 10, 2018
SUBJECT:  Approval of Budget Development Calendar for 2018-19 Budget Adoption

BACKGROUND INFORMATION:
It is customary to approve a budget development calendar, which calls out the significant milestones during the development of the budget. Staff has prepared the attached budget development calendar and is submitting it for Board approval. Staff will update the Budget Calendar for the Board if there are significant changes made to the proposed timelines.

The dates included in the budget calendar can always be moved earlier if the various committees are ready for staff to present their recommendations. The dates cannot be moved back due to the statutory deadlines for LCAP and approval of the adopted budget. The only committee meeting dates listed are critical dates for actions required to ascertain key information and data for the adopted budget. Therefore, all committee meeting dates for P & O (BSEP), parent advisory committee (PAC) and education advisory committee (EAC) are not included in the budget calendar. Please note that the budget calendar is forthcoming.

POLICY/CODE:
FCMAT Financial Management Standard 6.2

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve 2018-19 Budget development calendar  

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent, Educational Services
PRESENTERS: Pasquale Scuderi, Associate Superintendent
DATE: January 10, 2018
SUBJECT: Proposed Restructuring: Berkeley Technology Academy and Independent Study

PURPOSE:
Seeking Board decision on a proposed restructuring plan for BTA and Independent Study; discussed previously on November 1, 2017 and December 6, 2017.

BACKGROUND:
On November 1, 2017, staff, in an effort to address both global fiscal challenges across BUSD as well as persistent enrollment challenges at Berkeley Technology Academy, brought forward a proposal that would reduce staff at BTA, clarify BTA as a continuation high school diploma program, and also develop a single management and support structure to supervise and support both the continuation school (BTA) and Independent Study programs. Additional details and information can be found in the related Board documents from November 1, 2017 and December 6, 2017.

Following two Board discussions, separate staff meetings with the BTA and Independent Study faculties in October, and a public meeting with parents, staff,  and community members from both programs on December 4, 2017, staff returns tonight with a final proposal for Board approval. Tonight’s presentation seeks to clarify final details on what the proposed support model will look like and, specifically, based on Board requests, what a continuation program at Berkeley Technology Academy will offer to students and families.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve the proposal.

NEXT STEPS:
If the proposal is approved, staff will begin working with Human Resources to develop processes and timelines for adjustments to staffing at BTA for 2018-2019. Additionally, recruitment for the new administrative position would begin immediately.

Should the proposal not be approved, staff will return to the Superintendent’s Budget Advisory Committee for further consultation on proposed cuts elsewhere in the District. Recall that the concept of combining the responsibilities of the administrators at BTA and Independent Studies was first proposed in May of 2017 within a broader set of proposed budget reductions for the 2018-2019 school year that are currently still under consideration.

FISCAL IMPACT:
The total annual ongoing savings from this restructuring would be approximately $400,000. Approximately $200,000 would be General Fund savings, and $200,000 would be savings from BSEP. These savings will help BUSD reach the established budget reduction goal of $1.8 million in 18-19.

This savings will also create an opportunity to reroute some of that BSEP support to cover costs related to other programs and supports for similarly-situated students; students who meet the academic profile of BTA students but are not enrolled at BTA. Any ultimate repurposing of those BSEP funds will first need approval of the Planning and Oversight Committee and subsequently the Board of Education.

RELATED PAST BOARD ITEMS:
December 6, 2017 Board of Education Meeting (item 15.1)

November 1, 2017 Board of Education Meeting (item 12.1)

ATTACHMENTS:
See attached presentation.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    Donald Evans, Ed.D., Superintendent
FROM:   Isabelle McDaniel and Maria Carriedo, Principals, Early Childhood Education
Patricia Saddler, Director, Programs and Special Projects
DATE:         January 10, 2018
SUBJECT:     Revision to Proposed Reduction in Early Childhood Education 

BACKGROUND:
On October 25, 2017, we presented to the Board information regarding our BUSD Preschool Programs under earning the California State Contract by 20% and the need to continue to receive the contribution from the general fund to be able to continue to serve our preschools families with four possible options. With the Board's guidance, we now return to present other options to close the budget shortfall. 

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Convert one part-day classroom into a full-day classroom for a potential earnings to increase by $85,925 based on our current enrollment. 

Our recommendation was one of four options discussed with the Board in October. Staff recommendation is listed below as option #1 with options 2 through 4 reflecting the other options that were considered.

1. Convert a part-day classroom into a full-day classroom where expenses and revenue remain relatively stable which will help us meet our State Contract.
2. Cut $127,404 district contribution and close a part-day program classroom, which will have a financial impact of $215,200.
3. Cut $127, 404 district contribution and cut additional support staff, which will have a financial impact of $72,100.
4. Cut $127,404 district contribution and increase ECE enrollment to meet the amended contract amount of $2,988,128 so that the ECE program is more self-sustainable.

NEXT STEPS:
If the Board approves converting one part-day classroom into a full-day classroom for a potential earning to increase, we would continue to implement our outreach strategies to have full enrollment in all of our preschool classrooms in the fall of 2018. In addition, we would seek other financial sources in the State that will help us increase our funding and improve the quality of the program.

FISCAL IMPACT:
The conversion of one part-day classroom into a full-day classroom will allow us to meet our current enrollment numbers as of today and provide more hours of a quality education to the children we serve based on the new Alameda County Eligibility Pilot Program we participate in. Families are seeking full-time care and slots may fill more quickly than what we have been experiencing. 

There will be no fiscal impact if we are fully enrolled in the fall of 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent, Education Services
DATE: January 10, 2018
SUBJECT: Differentiated Assistance - Level Two Technical Assistance

BACKGROUND:
On December 7, 2017 the Fall California School Dashboard was released for public viewing.  Alameda County Office of Education notified our District that based on a review of the state indicators, BUSD would be one of two hundred districts identified for Level Two Technical Assistance.  This identification is due to one student group; “ Homeless” is “Red” in two LCFF priorities: Priority Four Pupil Achievement - English Language Arts and Priority Five - Graduation Rate.  

During a period from January to March staff from ACOE will meet with the Ed Services Staff for three full days to provide technical assistance. These meetings will support the district with conducting a self study, an analysis of the data, identification of a focus area and the creation of a plan for improvement that specifically targets this student group. This plan will be completed by the end of March.

RECOMMENDATION:
Discuss and give direction to staff.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:  Board of Education
FROM:  Policy Subcommittee
DATE:  January 10, 2018
SUBJECT:  Review of Policy Subcommittee Work and Priorities for 2018

BACKGROUND INFORMATION:
On January 11, 2017, the Board gave input and direction to the Policy Subcommittee regarding policies to prioritize for the 2017 year.  It is now time to have another discussion about Policy Subcommittee priorities for 2018.

The Policy Subcommittee has had an active couple of years.  The purpose of this memo is to provide the Board with an overview of the committee’s work over the past two years, and to give the Board a sense of the kinds of policies and issues the committee has focused on, covering a broad variety of topics that are pertinent to the District’s mission. All of the committee’s work has benefited to a great extent from the input and participation of many members of the community.

We also identify here potential policy priorities that the Board Policy Subcommittee has identified for the 2018 year.  The Subcommittee would like the Board's input on additional priorities, if any, for 2018.

Review of 2016 and 2017 Policy Subcommittee Activity

Below is an accounting of most of the committee’s activity in 2016 and 2017.  Note that this list does not include discussions at the Board level.

Expulsion of Students:  After six committee discussions, the Board approved in June 2016 a comprehensive revision to our policy regarding procedures for expulsion of students. After four committee discussions, the Superintendent approved in March 2017 a comprehensive revision to the administrative regulations regarding procedures for expulsion of students.

Firearms on School Grounds:  After one committee discussion, the Board approved in October 2016 a minor change to the policy regarding firearms on school campuses.

Recess Restriction: After one committee discussion, the Board approved in April 2016 a clarification regarding the policy on recess restriction for special education students.

Naming Facilities: After four committee discussions and two Board discussions, the Superintendent approved in March 2016 a comprehensive revision to the process for denaming and renaming school and district facilities.  After three more committee discussions, the Superintendent approved in November 2017 further revisions to the regulations governing this process.

Local Control Accountability Plan (LCAP): After one committee discussion, the Board approved in June 2016 a revision to the LCAP policy that clarified the identity of stakeholder groups.

Board bylaws: After three committee discussions, the Board approved revisions to a number of Board bylaws.

Adult School Fees: After one committee discussion, the Board approved a change to the policy regarding adult school fees in order to comply with federal requirements.

Protection for Undocumented Students: After one committee discussion, the Board approved a new policy to protect undocumented students in the wake of President Trump’s election.

Crisis Communications: After five committee discussions, the Superintendent approved a new regulation that provides guidance to staff on how to communicate with the community in a crisis situation.

Community process for facilities: After three committee discussions, the Superintendent approved in February 2017 revisions to our processes for outreach to the community regarding renovations to our facilities.

Small school SGC bylaws: After one committee discussion, the Board approved a minor revision to the bylaws for School Governance Councils (SGCs) with small membership.

Protection for Religious Freedom: After two committee discussions, the Board in April 2017 approved a new policy to ensure that information about students’ or employees’ religion is not recorded by the District and that the District will not cooperate with any effort to create a religious registry.

State testing policy: After one committee discussion, the Board in May 2017 approved a repeal of an outdated state testing policy and the Superintendent in June 2017 approved minor revisions to bring our regulations regarding state testing up to date with the new state testing regime.

Inter-district transfer policy: After eight committee discussions, the Board in June 2017 approved significant revisions to our policy regarding the criteria by which inter-district transfers are approved and revoked.

Suicide Prevention Policy: After two committee discussions, the Board approved in June 2017 a revision to its suicide prevention policy.

Communications/Social Media/PTA Websites:  After seven committee discussions, the Board approved in August 2017 a number of new and revised policies, and the Superintendent approved a number of new and revised regulations, to clarify our procedures regarding social media, communications generally, and the District’s relationship to PTA-run websites.

Complaints Policy: After six committee discussions, the Board approved in June 2017 and the Superintendent approved in September 2017 a major overhaul of our policies and regulations governing the resolution of District-level complaints.

Sexual harassment policy: After one committee discussion, the Board approved minor revisions to its sexual harassment policies to conform with federal guidelines.

District reserves: After three committee discussions, the Board approved in November 2017 a new policy governing how it maintains district reserves.

Proposed 2018 Policy Subcommittee Activity

The 2017 committee made significant progress on a number of policy matters that are still being developed, and have on its agenda, the following policies:

•             Response to Public Records Act Requests
•             Interviews of Students by District Employees
•             Expungement of Student Disciplinary Records
•             District Employees’ Interaction with Law Enforcement
  
•             SGC/SSC Procedures and Bylaws
•             Revisions to LCAP Policy
•             Update of Policy to Protect Undocumented Students
  
•             Wellness Policy
  
•             Employee Use of Technology
  
•             Harassing/Bullying Speech
  
•             Discipline/Suspension Policy
•             Measure H Committee Bylaws

The committee would like the Board's input on additional priorities, if any, for 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:            Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:             January 10, 2018
SUBJECT:      Approval of Tentative Agreement with the International Federation of Professional and Technical Engineers, Local 21, for a Reopener Agreement

BACKGROUND INFORMATION:
The District and the International Federation of Professional and Technical Engineers, Local 21, are parties to a collective bargaining agreement that contains a reopener provision. On December 4, 2017, representatives for the District and Local 21 reached a Tentative Agreement (TA) on provisions covered under the reopener. Staff has been informed that the Local 21 membership has ratified the terms of this agreement.

Under the terms of the attached Tentative Agreement, the parties have agreed to the following:

• Changes to contract language relative to bilingual pay.
• Compensation of at least five percent (5%) for unit members who have been authorized to perform duties in a higher classification ("Working out of Classification").
• Usage of flex days.

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

FISCAL IMPACT:
Refer to AB1200 Disclosure

STAFF RECOMMENDATION:
To Approve Tentative Agreement

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       January 10, 2018
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:         January 10, 2018
SUBJECT:  Overnight Field Trip Requests

BACKGROUND INFORMATION:
The following overnight field trips are being requested:

Sempervirens Outdoor School, Santa Cruz, CA, February 5-9, 2018
Approve participation of 77 5th grade students and three teachers and one other adult from Berkeley Arts Magnet (BAM) Elementary School on a five-day, four-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups.  The group will depart BAM Elementary at 9:30 a.m. on Monday, February 5th, and return at 1:30 p.m. on Friday, February 9, 2018.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature. BUSD will provide transportation. Students will sleep in gender specific cabins on the grounds. The cost of $330.00 per student will be paid for by parent donations, fundraising and scholarships. No student will be denied access based on inability to pay. Requested by Rene Molina, Berkeley Arts Magnet principal.

CIF/NIAA School Cheer Nationals, Las Vegas, NV., Feb. 22-26, 2018
Approve participation of sixteen students from the BHS Cheer team, and one staff member/cheer coach and 13 other adults on a four-day, three-night field trip to the CIF/NIAA School Cheer Nationals Competition. The group will meet at Oakland airport at 12:00 p.m. on Thursday, February 22nd, and return at 8:00 p.m. on Monday, February 26, 2018. During the tournament cheer teams from multiple divisions will compete twice daily over the course of two days. A full competition schedule will become available 1-2 weeks prior to the competition. The team, coach and parents will travel via Southwest Airlines. The group will stay in gender-specific, supervised hotel rooms.  The $300.00 student cost is being paid by the Berkeley Athletic Fund and parent donations.  No student will be denied access based on inability to pay. Requested by Erin Schweng, BHS Principal.

Pigeon Pt. Environmental Ed., Pescadero, CA, February 21-23, 2018
Approve participation of twenty-six fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, February 21^st, and return at 2:00 p.m. on Friday, February 23, 2018.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: Alex Hohenhaus)

Pigeon Pt. Environmental Ed., Pescadero, CA, February 26-28, 2018
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Monday, February 26^th, and return at 1:30 p.m. on Wednesday, February 28, 2017.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: Amy Fry)

Pigeon Pt. Environmental Ed., Pescadero, CA, February 28-March 2, 2018
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, February 28th, and return at 2:00 p.m. on Friday, March 2, 2018.  This field trip incorporates hands-on standards-based science and field work, including team and community building. Students will sleep in gender specific, hostel style cabins on the grounds. BUSD buses will provide transportation. The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: LaChelle McDaniels)

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        January 10, 2018
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. Downtown Berkeley YMCA to provide physical educational activities for three preschool sites for the period from 8/29/17 – 6/15/18. The cost will not exceed $14,490. To be paid from BSEP Fund. Requested by Maria Carriedo.
2. Mid County Officials Network to provide winter and spring sports officiating for 3 middle schools for the period from 11/13/17 – 5/25/18. The cost will not exceed $29,760. To be paid from General Fund. Requested by Aaron Jorgensen.
3. Museum of Children’s Art to provide fundamental visual arts skills for students at Thousand Oaks Elementary School for the period from 10/1/17-6/15/18. The cost will not exceed $19,600. To be paid from General Fund and BSEP Fund. Requested by Jennifer Corn
4. Safety-Kleen to provide disposal of waste oil and hazardous materials as required by Transportation Department for the period from 7/1/17 – 6/30/18. The cost will not exceed $10,000.  To be paid from General Fund. Requested by Amanda Espino.
5. Increase in contract, PO180787 to Vallier Design Associates for project construction and closeout of King CDC Play Yard Project. The Board approved $27,000 on 6/28/17. The additional amount will increase the cost by $18,200 for a total amount of $45,200. To be paid from Measure AA. Requested by Timothy White.

POLICY/CODE:
Public Contract Code: 20111
Board Policy 3310 

STAFF RECOMMENDATION: 
Approve the contracts with Consultants or Independent Contractors as submitted.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D, Superintendent
FROM:            Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:             January 10, 2018
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. Anonymous donated $1,500.00 to the Bears program
2. Target Corporation donated $2,000.00 to Rosa Parks School for the Principal’s Discretionary Account.
3. Ackerman’s Servicing Volvo’s Inc./Jesse Rudner donated $10.90 to Rosa Parks Principal’s Discretionary Account.
4. Lifetouch donated $500.00 to MKL Middle School.
5. Berkeley Public Schools Fund donated $498.68 to pay for staff who attended Curved Blackboard.
6. Berkeley High School Development Group donated $4092.62

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 $ 8,602.20 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D. Superintendent
FROM:          Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:           January 10, 2018
SUBJECT:      Ratification of Memorandum of Understanding with Lifelong Medical

BACKGROUND INFORMATION:
Lifelong Medical Care will provide a Registered Nurse (RN) for the 2017-2018 School Year.  (190 days)  Performance of this work under this MOU shall be subject to the direction of BUSD Special Education Director Lisa Graham.

Funding for Life Long Medical comes from the Unrestricted General Fund.  Staff is requesting board ratification of this contract which is effective for the period of 7/1/2017 – 06/30/2018 to pay Lifelong Medical the amount of $125,080.00. 

POLICY/CODE:
None

FISCAL IMPACT:
$125,080.00 to be paid from the Unrestricted General Fund

STAFF RECOMMENDATION:
Ratify payment to Lifelong Medical Center 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Pat Saddler, Director, Programs and Special Projects
DATE:        January 10, 2018
SUBJECT:  Memorandum of Understanding with Lifelong Medical for Rosa Parks Afterschool Program 

BACKGROUND INFORMATION:
Lifelong Medical Care has been the contracted fiscal agent for the Rosa Parks Collaborative, including the Rosa Parks Kids’ Village Afterschool Program since 2001.  Lifelong Medical manages all finances for the program, including all costs for the staff, supplies, equipment, and independent contractors. 

The Rosa Parks School Collaborative oversees the Afterschool Program as outlined in the Memorandum of Understanding between the District and the Collaborative. 

Funding for Rosa Parks Kids’ Village Afterschool Program comes from two sources: After School Education and Safety (ASES) grant and parent fees. The grant amount is based on meeting student attendance figures. 

Rosa Parks Kids’ Village Afterschool Program will generate a total of $186,943 from grant allocations this school year.  Board approval is needed to pay Lifelong Medical/Rosa Parks Collaborative up to this amount of $186,943 for the 2017-18 school year.

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund. The proceeds of $186,943 will be generated through the ASES grant. 

STAFF RECOMMENDATION:  
Approve payment to Rosa Parks Collaborative/Lifelong Medical Center for the Rosa Parks After-School Program for school year 2017-18.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:          Timothy White, Executive Director of Facilities
DATE:          January 10, 2018
SUBJECT:    Approval of West Campus Renovations Project

BACKGROUND INFORMATION:
The Berkeley Unified School District Board of Education adopted the Measure I Bond Reallocation Plan at the meeting of January 11, 2017.  The plan included a project at West Campus to renovate the existing buildings in order accommodate temporary relocation of students during major reconstruction of Oxford Elementary and eventually (formerly) LeConte Elementary.  Assessments of required work and master site development were in excess of the original project budget.  Facilities staff has reviewed options for the project which focus on the minimal work required to utilize the site as a temporary housing campus.  The proposed project now includes:

1. Renovation of the existing abandoned central gym/locker building to house District storage and support uses on the ground floor and the renovation of the old gym for use as a cafeteria;
2. Minor renovations to existing classroom spaces which will result in a total of 15 classrooms;
3. Renovation of the existing abandoned band room behind the auditorium for use as a flex space or library;
4. Site work, including a small playground area on the west side of the central gym; and,
5. Limited renovations which allow use of the abandoned Auditorium, including accessibility upgrades, electrical rewiring, mechanical systems upgrade, fire alarm, painting.

The updated project scope, budget and schedule which have been presented to the Board’s Facilities Subcommittee are attached for reference.  The Facilities Subcommittee has recommended approval.  

FISCAL IMPACT:
Total Project Budget is $10,109,785. This project will be paid from Measure I Bond Funds. 

RECOMMENDATION:
Approve the West Campus Renovations Project 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:    Timothy White, Executive Director of Facilities
DATE:            January 10, 2018
SUBJECT:     Approval of Oxford Reconstruction and Renovation Project

BACKGROUND INFORMATION:
The Berkeley Unified School District Board of Education adopted the Measure I Bond Reallocation Plan at the meeting of January 11, 2017.  The plan included a project at Oxford Elementary for limited modernization of the existing campus buildings.  More in-depth assessments of required buildings work, educational program support renovations, reconstruction of the Multi-Purpose Building and master site development has resulted in a project which is in excess of the original project budget.  The full scope of work is critical to providing educationally appropriate learning environments and adequate administrative and educational program support spaces.

The proposed project elements, as shown in the attached graphics, have been presented to the Board of Education at the meeting of October 11, 2017 and to the Board’s Facilities Subcommittee at the meetings of November 29^th and December 13^th.

The attached Measure I Program Budget worksheet reflects the updated budgets for the Oxford Reconstruction and Renovation Project and the West Campus project.  The Facilities Subcommittee has recommended approval of the projects and  the updated budgets.  The program budget funds projects, with adjustments as noted, within remaining Measure I funds.

FISCAL IMPACT:
Total Project Budget is $27,714,611. This project will be paid from Measure I Bond Funds.

RECOMMENDATION:
Approve the Oxford Reconstruction and Renovation Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:      January 10, 2018
SUBJECT: Approval of Project and Verde Design for Synthetic Turf Consulting Services at Berkeley  High School Field Turf Replacement Project

BACKGROUND INFORMATION:
The building maintenance manager has brought to our attention the need to replace the existing synthetic turf field at Berkeley High School.  The field was installed in 2005 and is at the end of its life cycle.

Facilities staff is requesting a budget of $910,000 funded by Measure I for this project.

Facilities staff is requesting approval of a contract with Verde Design to provide synthetic turf consulting, development of a Request for Proposal for turf companies on the field turf replacement and construction administration and oversight of the installation of the new synthetic turf field.  The project will include staff input and District Facilities staff input.

The Board’s Facilities Subcommittee reviewed this project, with associated budget as included in the Measure I Program Budget Update, and recommends approval of the project.  

FISCAL IMPACT:
Project budget for $910,000 to be established in Measure I.  Contract for Verde Design in the amount of $17,400 for the consultant fee to be paid from Measure I Bond Funds.  

RECOMMENDATION:
Approve budget for project and contract with Verde Design for Design Services of Berkeley High School Field Turf Replacement Project.

BERKELEY PUBLIC SCHOOLS

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

510-644-6206

President Alper called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 6:00 pm.

Roll Call
Board of Education:
Ty Alper, President – Present,
Josh Daniels, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Judy Appel, Director -- Present
Uma Nagarajan-Swenson, Student Director, BHS – Present 

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. DSC150395
The Board heard an update from counsel and provided direction. No action was taken.

Conference with Labor Negotiator (Government Code Section 54957.6)

The Board heard an update. No action was taken.

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9) One (1) Potential Case

Motion to join in the filing of an amicus brief in a federal lawsuit filed by the regents of the University of California and others against the Department of Homeland Security challenging the Trump administration’s termination of the DACA program:

Appel/Leyva-Cutler and unanimously approved 5-0.

Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—BCCE Negotiations (Government Code Section 54957.6)

The Board heard an update. No action was taken.

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed the Superintendent’s evaluation.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Appel/Leyva-Cutler and unanimously approved 6-0. 

PUBLIC TESTIMONY
A total of three people addressed the Board:

Two comments on class sizes.

One comment on summer school program. 

COMMITTEE COMMENTS

A PTA council representative commented on recent incident involving BPD and BHS students.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Nagarajan-Swenson extended her condolences for the passing of Bowen Johnson, a former BHS student. She read aloud a statement on behalf of her peers.

Director Leyva-Cutler commented in response to the incident involving BHS students and BPD. She said she is confident that staff will work to address police and student interaction and will keep the community informed.  

Director Hemphill commented on the need to improve police interaction with BUSD students in light of the recent incident that led to the arrest of a couple of BHS students during unity week. She stressed the importance of restorative justice practices. She then went on to report that the CTE advisory board met and will be providing an update on the CTE program at the Nov.1 Board meeting.

Director Appel shared that last Friday at the LGBTQ community center an individual burned the rainbow flag that hangs outside the center. She added that the frequency in which these hateful incidents are happening show how much more vigilant we need to be. 

Vice President Daniels reported that he and Director Appel attended the SBAC meeting last night and are working on closing a $1.8 million deficit. This is both challenging and important work for the Board as we consider the kind of supports that more directly serve our students. A recommendation will be made in December. He also reported that an employee housing survey has been administered. Results will be presented to the Board at its Dec. 6 meeting. He added that it’s important to differentiate between a number of issues with respect to CSR. He clarified that while BSEP talks about class size averages for core staff, the BFT contract maintains the same ratio and differs only in the scope.

Superintendent Evans reported that a final report on summer school program will be presented at a subsequent meeting. He acknowledged the SBAC for their work in taking on the challenge of considering cuts final recommendation will be presented to the Board in January.

CONSENT CALENDAR
Motion to approve the Consent Calendar:

Leyva-Cutler/Swenson and unanimously approved 6-0.

DISCUSSION ITEMS

Update on the California Accountability Model and School Dashboard System
Allotted time: 40 min
Actual time: 25 min 

Director Pat Saddler presented an update on the changes to the California Dashboard, Her presentation provided an overview of the new local indicators and the walked audience through the data selection process.

ADJOURNMENT:
8:33

BERKELEY PUBLIC SCHOOLS

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

510-644-6206 

Official Minutes

President Alper called the meeting to order at 7:30. He reported that the Board convened to Closed Session at 6:15 pm. 

Roll Call
Board of Education:
Ty Alper, President – Present,
Josh Daniels, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Judy Appel, Director -- Present
Uma Nagarajan-Swenson, Student Director, BHS – Present 

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. DSC150395

The Board heard an update on this matter. No action was taken.
Claim No. EMP1401173

The Board heard an update on this matter and provided direction to staff. No action was taken.

Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9) – One (1) Pending Litigation

The Board heard an update on this matter and provided direction to staff. No action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Daniels, item 11.5 was moved to Action to follow item 13.1. Item 14.1 was moved to discussion to follow 12.3.

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

PUBLIC TESTIMONY
A total of 15 people addressed the Board:

CTE students demonstrated their robots.

Four comments on BTA structuring.

One comment on tennis courts for BHS.

Three comments on BIS.

Two comments on Le Conte’s denaming process.

UNION COMMENTS

BCCE President Paula Phillips commented on preschool program and the impact of additional administrative costs. She also commented in support of keeping BTA and BIS separate.

A teacher spoke on behalf of BTF requesting that the vote regarding BIS and BTA scheduled for December be tabled for January in order to allow more time to hold dialogue.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler will hold office hours on Mon. Nov. 6 from 4:30-6pm. 

Director Hemphill will hold office hours next Saturday at 10:30am at Café Leila.

Director Alper announced that the first Facilities Subcommittee Meeting will be on Sept. 29 at 9am. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:

Alper/Appel and unanimously approved 6-0.

DISCUSSION ITEMS

Future Options for Berkeley Technology Academy (BTA)
Allotted time: 45 min
Actual time: 63 min 

Associate Superintendent Pasquale Scuderi explained that the goal of presenting options for the future of BTA is an effort to address the decrease in enrollment in light of fiscal challenges. His presentation provided brief history on how BTA has functioned since 2006 and highlighted some of the contributing factors to BTA’s low enrollment. A refined proposal reflective of the Board’s direction will be presented in December. Questions and discussion followed.

Child Development Fiscal Update
Allotted time: 40 min
Actual time: 47 min 

Principal Isabel McDaniel, BEARS Program Director Aaron Jorgensen and Consultant Laurita Rita, presented an overview of the early childhood education contracts and funding models. Their presentation highlighted preschool earnings for the last four years, and contributing factors to the program’s under earning. They proposed a number of scenarios to addressing current fiscal challenges. Questions and discussion followed.

Update on Career and Technology Education (CTE) Programs’ Future
Allotted time: 30 min
Actual time: 29 min

CTE Coordinator Wyn Skeels provided an overview of the CTE program. His presentation highlighted CTE facilities development, CTE advisory committee, funding sources and its partner organizations. Questions and discussion followed. 

ACTION ITEMS

Approval of Suicide Prevention Policy
Motion to approve suicide prevention policy:
Hemphill/Appel and unanimously approved 6-0.

Approval of Master Contracts for Nonpublic Schools for the 2017-18 School year

Daniels explained that he pulled this item to ask about the challenges that we face specifically with respect to non public agencies.

Interim Asst. Superintendent of Business Services Pauline Follansbee responded that this is an area contributing to increased costs in special education. Most of the costs resulted from staff leave. She added that they are working closely with HR to fill positions and limit our use of NPAs. A report of the consultant’s analysis will come before the Board in January.

Motion to approve master contracts for nonpublic schools for the 2017-18 school year:
Daniels/Hemphill and unanimously approved 6-0.

Extended Public Comment
One comment in support of BTA.

One comment on facilities naming process.

ADJOURNMENT
10:57p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent
FROM: Pasquale Scuderi, Associate Superintendent
Maggie Riddle, Director of K-8 Schools
PRESENTERS: Information Only
DATE: January 10, 2018
SUBJECT: Content for New Prep Schedule in Grades 1-3 for School Year 2018-2019

PURPOSE:
Publicly share the subjects that will be taught in the newly negotiated prep/instructional schedule for teachers and students in grades 1 through 3 beginning in the fall of 2018.

BACKGROUND:
In June of  2017, the District and the Berkeley Federation of Teachers (BFT) reached an agreement that included equalizing the preparation and instructional time in grades 1 through 5. The preparation time for all five grades will, effective July 1, 2018, be 4 periods per week. Previously the prep time for teachers in grades 1-3 was based on a different formula than that of teachers in grades 4-5.

Effective July 1, 2018, the preparation and instructional time will be equalized for grades 1-5. The prep time for all five grades will be 4 periods per week. After careful consideration and discussion about what subjects would be taught in the new total of 4 preparation/instructional periods in grades 1-3 staff is recommending the following:

• 2 periods of physical education

• 1 period of either music or science (choice applies to grades 1 and 2, at least 1 period of music will remain for all third graders)

• 1 period determined by school site leadership (can be used for arts, dance, additional science, etc.)

Preparation periods are times where classroom teachers prepare lessons, communicate with families, collaborate with colleagues, etc. During these periods enrichment or specialist teachers will provide instruction to those students.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report for information. An attachment to this cover sheet shows the schedule graphically and provides additional information and instructional rationale.

NEXT STEPS:
Human resources is creating eligibility pools. Director of K-8 schools is working with K-5 principals and Human resources on scheduling and staffing related to these new positions.

FISCAL IMPACT:
As previously negotiated, approximately $400,000 per year to cover costs of additional teacher time for increased number of preparation/instructional periods in grades 1-3.

ATTACHMENTS:
Attached document provides additional information on the new schedule.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:          Board Policy Subcommittee
DATE:            January 10, 2018
SUBJECT:      Board Policy 1340 (Access to District Records)

BACKGROUND INFORMATION:The California Public Records Act (CPRA) requires public agencies to make their records available for review by the public. According to the California Attorney General’s Office: “The fundamental precept of the CPRA is that governmental records shall be disclosed to the public, upon request, unless there is a specific reason not to do so. Most of the reasons for withholding disclosure of a record are set forth in specific exemptions contained in the CPRA. However, some confidentiality provisions are incorporated by reference to other laws. Also, the CPRA provides for a general balancing test by which an agency may withhold records from disclosure, if it can establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure.” While the district is required to disclose records that are not otherwise exempt, the district is not obligated to create records that do not exist. 

For purposes of the CPRA, a “record” is any writing containing information relating to the conduct of the district's business prepared, owned, used, or retained by the district regardless of physical form or characteristics. The location of a record (e.g., classroom, district office, private residence) and the location of an electronic writing (e.g., server, computer hard drive) is irrelevant to whether a record is considered public. 

BP 1340 (Access to District Records) provides additional detail regarding how Berkeley USD will comply with the CPRA.

The Policy Subcommittee held extensive discussions on this policy on October 24, 2017, November 3, 2018, November 20, 2018, and December 5, 2018.

POLICY/CODE:
Education Code: 6250 et seq.

FISCAL IMPACT:
No immediate fiscal impact.

STAFF RECOMMENDATION:
Receive Board Policy 1340 (Access to District Records) for information.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Board of Education
FROM:        Board Policy Subcommittee
DATE:           January 10, 2018
SUBJECT:      Administrative Regulation 1340 (Access to District Records) 

BACKGROUND INFORMATION:
The California Public Records Act (CPRA) requires public agencies to make their records available for review by the public. According to the California Attorney General’s Office: “The fundamental precept of the CPRA is that governmental records shall be disclosed to the public, upon request, unless there is a specific reason not to do so. Most of the reasons for withholding disclosure of a record are set forth in specific exemptions contained in the CPRA. However, some confidentiality provisions are incorporated by reference to other laws. Also, the CPRA provides for a general balancing test by which an agency may withhold records from disclosure, if it can establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure.” While the district is required to disclose records that are not otherwise exempt, the district is not obligated to create records that do not exist.

For purposes of the CPRA, a “record” is any writing containing information relating to the conduct of the district's business prepared, owned, used, or retained by the district regardless of physical form or characteristics. The location of a record (e.g., classroom, district office, private residence) and the location of an electronic writing (e.g., server, computer hard drive) is irrelevant to whether a record is considered public. 

AR 1340 (Access to District Records) provides additional detail regarding how Berkeley USD will comply with the CPRA. The CPRA requires districts to make “reasonable efforts to located requested records. This regulation clarifies that such “reasonable efforts” may include, but are not limited to:

• Identifying one or more individuals to search for and locate potentially responsive records
• Directing the District’s IT department to search the electronic records of employees, after providing notice to employees, and locate potentially responsive records
• Directing school site employees to search for and locate potentially responsive records and provide instructions on the process to use to conduct the search

The regulation also clarifies that, with respect to physical and electronic records not in the possession of the District, reasonable efforts may include, but are not limited to, having district employees search for and locate potentially responsive records in their possession. 

The Policy Subcommittee held extensive discussions on this regulation on October 24, 2017, November 3, 2018, November 20, 2018, and December 5, 2018.

POLICY/CODE:
Education Code: 6250 et seq.

FISCAL IMPACT:
No immediate fiscal impact. 

STAFF RECOMMENDATION:
Receive Administrative Regulation 1340 (Access to District Records) for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent, Ed.D
FROM: Timothy White, Executive Director of Facilities
DATE: January 10, 2018
SUBJECT: Measure H First Quarter FY 2018 Report

SUMMARY AND DISCUSSION:
This report is an update of the Maintenance Department for the first quarter of the 2018 Fiscal Year.  The reporting period covers July 1, 2017 through September 30, 2017.  The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved Plans as we make progress on those goals.

COMMUNICATION/REPORTING:
The Facilities Safety and Maintenance Oversight Committee met September 21, 2017.  

The Committee received the 2017/18 1st Interim Financial Report.

COMMITTEE MEMBER COMMENTS
The Committee had no comments.

MAINTENANCE
In late September, the evening shift returned to its school year plan of visiting schools as a group.  As of September 30th, they have visited three sites.

There were two fire inspections during this period.  We are addressing the issues identified.

There were no elevator inspections during this period.  The State elevator inspector is behind in their inspections. They have informed us that it is acceptable to continue to operate the elevators until they can complete their inspections.

We replaced some window coverings at King.

TRAINING
Regularly scheduled safety training sessions were held during this period.  Topics included Health and Wellness and Hand, Wrist and Finger Safety.

GROUNDS
The grounds department is fully staffed. We purchased a new piece of equipment that is allowing us to better maintain our baseball infields.

We performed our major maintenance on Berkeley High softball field, King baseball field, King soccer field, Willard baseball field, Moellering Field (upper and lower), and the fields at Jefferson and Rosa Parks.

VEHICLES AND EQUIPMENT
We purchased two new vehicles, a new baseball field groomer and three new Clean Natural Gas fuel tanks this year.     

STAFFING

Total                                                                              40.64 FTE

We do not detail the 5% of head custodians charged to the Measure H Fund in the chart above.

BUDGET
The Measure H Financial Update for FY 2018 was presented to the Committee and the Board.  There was a larger than expected fund balance at the end of last year.

CUSTODIAL
Custodial meetings continue to take place the first Thursday of each month.  The focus of the meetings has been review of the disaster preparedness plans at each of the sites.

There were three vacancies during this period.

UTILITY REDUCTION AND MONITORING
We are in the process of putting systems in place to better monitor our utilities. The District has contracted with a consultant to create a sustainability plan. We will be working closely with that consultant.

PROPERTY MANAGEMENT
Staff processed 119 permits from July 1st to September 30th.  The gross revenue received in this time period was $150,915.26.

WASTE MANAGEMENT 
We are maintaining our average numbers; the problem of illegal dumping continues to grow around our campuses.      

HAZARDOUS MATERIALS 
As our level of technology grows, so grows electronic waste within our schools. We have determined there is a need to increase pick-ups.  

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.