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Regular Meeting
Berkeley USD
February 28, 2018 5:30PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:30 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 7:30pm.


2. Closed Session Public Testimony
Quick Summary / Abstract:

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. 

3. Closed Session
Quick Summary / Abstract:

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.

3.1. Conference with Legal Conference - Anticipated Litigation (Government Code Section 54956.9) - Two (2) Potential Cases
3.2. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a))
3.2.1. Case No. 110900233
3.2.2. Case No, 16-088952, 16-008951
3.2.3. Case No. DSC1503595
3.3. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
3.4. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
3.5. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BFT Negotiations
3.6. Conference with Real Property Negotiators (Government Code Section 54956.8)
3.6.1. District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of February 28, 2018
6. WE CARE Awards
7. Report on Closed Session
8. Trivia Question
Rationale:

The African American Studies Department at Berkeley High School is the only one of its kind in the United States. It focuses on “the African American experience relative to the national and global perspective.” The Department has offered many different courses over the years. Below is a list of ten potential African American Studies courses, of which eight are being offered currently or have been offered in the past. Which two courses on this list are not and have never been listed as African American Studies courses at Berkeley High? 

  1. African American Drama
  2. African American Economics
  3. African American History 4
  4. African American Journalism Advanced
  5. African/Haitian Dance Intermediate
  6. Africa’s Glorious Golden Age
  7. Black Gold, Black Soul, Black Dynamite
  8. Black, White and Red All Over
  9. KiSwahili ½
  10. 10.Pop Cultures/Hip Hop Studies

 
9. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. 

10. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
11. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
12. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

13. Consent Calendar - approval requested
13.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       February 28, 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.






 
Attachments:
Certificated Personnel Report 02.28.18
Classified Personnel Report 02.28.18
13.2. Potential Reassignment of Administrative/Supervisory Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed. D., Superintendent
FROM:         Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          February 28, 2018
SUBJECT:    Potential Reassignment of Administrative/Supervisory Certificated Employees

BACKGROUND INFORMATION:
To meet the needs of school districts, California Education Code provides for governing boards to reassign certificated employees holding positions requiring administrative or supervisory credentials.  For the Board to reassign such employees, the employees must be noticed by March 15 that they may be released from their present positions and reassigned for the following school year. 

POLICY/CODE:
Education Code section 44951

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.



 
Attachments:
Resolution for Administrative Reassignments
13.3. Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          February 28, 2018
SUBJECT:   Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a temporary contract for multiple specified reasons.  Such employees may be released at the end of the school year at the Board’s discretion.  To prevent overstaffing, to maintain the integrity of the employment process, and to ensure that the District employs the best available certificated staff, it is prudent to release Temporary (including “Probationary 0”) employees at the conclusion of the school year.  Such individuals may re-apply for vacant positions in the District.

POLICY/CODE:
Education Code Sections 44954 and 44909

FISCAL IMPACT:
Reduction in employee costs

STAFF RECOMMENDATION:
Approve the Resolution.




 
Attachments:
Resolution for Temporary Releases
13.4. Approve Listing of Warrants Issued in January 2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Interim Assistant Superintendent, Business Services
DATE:        February 28, 2018
SUBJECT: Approve Listing of Warrants issued in January 2018.

BACKGROUND:
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 January is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$2,767,705.77 for the month of January 2018 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of January 2018.


 
Attachments:
FISCAL WARRANTS FOR JANUARY 2018
13.5. Approve Payroll Warrants Issued January 2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Intermin Assistant Superintendent, Business Services
DATE:         February 28, 2018
SUBJECT: Approval of Payroll Warrants Issued in January 2018

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 January 2018.

POLICY/CODE:
Educational Code 41010 et seq.


FISCAL IMPACT:
$13,016,503.36, for January 2018 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in January 2018.



 
Attachments:
PAYROLL WARRANTS JANUARY 2018
13.6. Approval of Contracts/Purchase Orders for Services ContractsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        February 28, 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. American Eagle Enterprises to provide annual bleacher service for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The cost will not exceed $11,200.  To be paid from Measure H.  Requested by Steve Collins.
  2. Increase in contract, PO#180215 with Cal Live Scan, to provide finger printing services for Human Resources Department for the 2017/18SY. The additional amount will increase the purchase order by $3,500 for a total amount of $13,000. To be paid for by General Funds. Requested by Evelyn Bradley.
  3. Ratification of contract with McPherson Jacobson, LLC to provide consulting services for the search and recruitment of the new BUSD Director of Special Education for the period from 2/1/18 – 6/30/18.  The cost will not exceed $11,000. To be paid from General Fund. Requested by Evelyn Bradley.
  4.  Increase in contract, PO#181514, to Robin Mills to provide sexual harassment prevention and awareness education at Berkeley High School. The board approved $14,550 on 1/24/18. The additional amount will increase the cost by $13,475 for a total amount of $28,025. To be paid from General Fund. Requested by Patricia Saddler. 

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

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




 
13.7. Approval of Gifts and Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:            Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:             February 28, 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. Lifetouch donated $879.10 to John Muir principal’s Discretionary Fund
  2. City of Oakland donated $75.00 to LeConte PTA discretionary Fund
  3. Berkeley Public Schools Fund donated $500.00 to Cragmont School for material and supplies.
  4. Berkeley Public Schools Fund donated $3,000. to 2017-18 Classroom Grant for Karen Wells – “Professional Music Coaches for Band & Orchestra.
  5. Berkeley Public Schools Fund donated $384.95 to 2017-18 Classroom Grant for “POW Tigers Get Your Math On” for Marlo Warburton.
  6. Berkeley Public Schools Fund donated $52.49 to 2017-18 Classroom Grant for “POW Tigers Get Your Math On” for Marlo Warburton.
  7. Your Cause AT&T donated $40.00 to Thousand Oaks School Principal’s Discretionary Fund.
  8. Ackerman’s Servicing Volvo’s donated $13.81 to Thousand Oaks Principal’s Discretionary Fund.
  9. Dorian Photography donated $422.29 to Longfellow Middle School Principal’s Discretionary Fund.
  10. Jeff Deason & Erika Weissinger donated $350.00 to purchase Shelter – Heavy Duty all-purpose canopy for Thousand Oaks King Development Center.
  11. Strawberry Creek Meeting of the Religious Society of Friends donated $1,500. to Berkeley Alternative High Principal’s 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 $ 7,217.64 in donations.


 
13.8. Approval of Project and Verde Design for Design Services for Tennis Court Renovation Project at King Middle School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         February 28, 2018
SUBJECT: Approval of Project and Verde Design for Design Services at King Middle School Tennis Court Renovation Project

BACKGROUND INFORMATION:
In order to accommodate the BHS tennis program prior to the full renovation of the Milvia Street courts, it is appropriate at this time to renovate the existing courts at King Middle School for this program.  The five (5) existing tennis courts are deteriorated and need basic renovations in order to accommodate the program.

Facilities staff is requesting a budget of $500,000 funded by Measure I for this project.  See the attached Measure I Program Budget worksheet.

Facilities staff is requesting approval of a contract with Verde Design to provide design, construction documentation and construction administration services for the King Middle School Tennis Court Renovation Project.  The project will include staff input and District Facilities staff input. 

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Establish project budget of $500,000.
Initial contract award of $46,950 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 King Middle School Tennis Court Renovation Project.



 
Attachments:
Measure I Program Budget
13.9. Approval of a Contract with HY Architects for the Design and Construction Documents of Oxford Elementary School Modernization and New Construction Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         February 28, 2018
SUBJECT: Approval of a contract with HY Architects for the design and construction documents of Oxford Elementary School Modernization and New Construction Project

BACKGROUND INFORMATION:
The reallocation plan for Measure I was approved at the January 10, 2018 Board of Education Meeting, which included a project budget of $27,714,611 for Oxford Elementary School due to the very cramped and inefficient special education classes, administration offices, accessibilities issues at the site entry and replacement of the existing multi-purpose building, which will include new kindergarten classrooms. 

HY Architects was selected through a previous Request for Proposals process and provided a master plan study and assessment of the existing facilities. 

Facilities staff is requesting approval of a contract with HY Architects to begin the design and construction documents with their engineering consultants.  The design will include Site Committee input and District Facilities staff input.  Deliverables will include schematic design, design development, construction documents, permitting and construction administration.


POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Contract award by this action: $2,171,500 to be paid from Measure I Bond Funds.  This contract is contained within the Oxford Modernization Budget which is a part of the Measure I Reallocation.

STAFF RECOMMENDATION:
Approve contract with HY Architects for the design and construction documents of Oxford Elementary School Modernization and New Construction Project.



 
13.10. Approve a Contract with SVA for architectural services for G107 and G109 at Berkeley High School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Donald Evans, Ed.D., Superintendent
FROM:            Timothy E. White, Executive Director of Facilities    
DATE:             February 28, 2018
SUBJECT:      Approve a Contract with SVA for architectural services for G107 and G109 at Berkeley High School

BACKGROUND INFORMATION:
On January 11, 2017 the Board approved SVA Architects to create Career Technical Education facilities for media, stagecraft and carpentry at Berkeley High School and Electronic Technology at Berkeley Adult School. 

Their work has been exemplary, and due to their expertise in CTE, a proposal was requested of them to provide work at Berkeley High School in rooms G107 & G109 as follows:

Quick start Project, Phase 1 – Assessment of rooms G107 and G109 for the proposed new functions. New Clock/Speaker/PA devices in rooms G107 and G109 connected to the existing Clock/Speaker/PA system. New theatrical pipe grid for room G109. Pipe grid scope will be submitted to DSA. Low voltage engineering will be provided by SVA’s consultants for the Clock/Speaker/PA scope and Architectural services and structural and electrical engineering services will be provided for the pipe grid scope.

Modernization, Phase 2 – Modernization of Room G109 to accommodate the District’s Light and Sound program and modernization of Room G107 to accommodate the District’s Robotics and Guitar classes.

POLICY/CODE:
Board Policy 3310

FISCAL IMPACT: 
Cost award by this action: Phase 1: $35,000 and Phase 2: $135,500 to be paid from Measure I bond funds. All costs are within the CTE Budget in Measure I.    

STAFF RECOMMENDATIONS:
Approve contract with SVA for architectural services for G107 & G109 at Berkeley High School.



 
13.11. Approve Revisions to BP 5145.7 and BP 4119.11
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:  School Board
FROM:  Policy Subcommittee
DATE:  February 28, 2018
SUBJECT:  BP 5145.7 and BP 4119.11 - Approval

BACKGROUND INFORMATION:
Presented tonight for approval are revisions to our two sexual harassment policies, BP 5145.7, which is aimed at student conduct, and BP 4119.11, which is aimed at employee conduct.  Other than fixing a couple typographical errors in the existing policies, the only substantive change is to add this language to both policies:

"No District employee shall engage in any sexual relationship with any current District student, regardless of the age of the student.  Such behavior shall be subject to discipline up to and including dismissal in accordance with applicable policies, laws, and/or collective bargaining agreements."

The proposed added language reflects a clearly understood and widely shared professional standard of all BUSD employees, even though it is not currently memorialized in our policies.  This straightforward proposal is a response to the request that this professional standard be memorialized in our policies.

(We also propose the removal of a paragraph in BP 4119.11 that was confusing because it was directed at student conduct that is covered by BP 5145.7.)

These proposed revisions were discussed at the Policy Subcommittee's January 26, 2018 meeting, and the Subcommittee unanimously voted to send the revisions to the Board for approval.  As always, we are grateful for the engagement of the community with respect to this and other policy revisions the Subcommittee is considering.

RECOMMENDATION:
Approve revisions to BP 4119.11 and BP 5145.7


 
Attachments:
BP 4119.11
BP 5145.7
13.12. Approval of Board of Education Meeting Minutes for January 10, 2018Was edited within 72 hours of the Meeting
Rationale:

BERKELEY PUBLIC SCHOOLS

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

510-644-6206 Official Minutes
January 10, 2018 

President Daniels called the meeting to order at 7:35pm. He reported that the Board convened to Closed Session at 6:31pm.

Roll Call

Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – Present
Beatriz Leyva-Cutler, Director– Present
Karen Hemphill, Director – Present
Ty Alper, 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 Resource
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Daniels reported out on closed session: 

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

The Board received update from staff. No action taken.

Conference with Real Property Negotiators (Government Code Section 54956.8)
District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update

The Board gave direction to staff; no action taken. 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Vice President Appel items 20.2 and 20.3 were moved to discussion:

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

PUBLIC TESTIMONY
A total of 15 people addressed the Board: 

  • One comment on the PRA board policy.
  • One comment on BIS leadership.
  • One comment in support of the Oxford modernization project.
  • Four comments in support of BUSD’s bus fleet transition to electrical buses.
  • Six comments in support of hiring a bilingual substitute teacher at Le Conte.
  • One comment in support of keeping TK classes at current site.
  • One comment regarding the district’s complaint process.

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Alper thanked all who spoke tonight. He  HJHexpressed support to hire a full time bilingual substitute teacher. With respect to both of the facilities items on the consent calendar, he expressed support for staff’s recommendation to consolidate Measure I funds and to increase funds for renovations at Oxford. He asked staff to keep the Board and community informed should there be any changes in facilities plans from one meeting to the next.

Director Leyva-Cutler thanked the Le Conte community for coming out and advocating for their school tonight. She expressed her support for transitioning our buses to electrical ones. 

Director Nagarajan-Swenson expressed her support of Le Conte’s request to hire a bilingual teacher.

Director Hemphill said she is in support of hiring a bilingual substitute teacher because it will address a district wide problem. She announced that the annual MLK breakfast is this Monday at HS Lordships at 8am on Monday, Jan. 15. 

Vice President Appel commented on the legalization of cannabis saying that it’s given her another incentive to address cannabis use with her children. She thanked Director of Facilities Tim White for his work and encouraged the public to attend the Facilities Subcommittee meetings. She will hold office hours on the third Saturday of the month at Mojo’s from 10am-12pm. 

President Daniels reported that the Board held its retreat this past weekend where they identified secondary offerings, which include CTE, BTA/BIS restructure and BHS redesign, Special Education, and budget cuts as the top three priorities this year. He added that the state budget was released today bringing positive news to CA education. He reminded the public that we are still in the process of making $1.8 million in cuts.

Superintendent Evans reported that we are in a situation where making budget cuts is necessary. He invited the public to attend the next SBAC meeting to get involved in the decision making process.  

Budget Calendar
Allotted time: 15 min
Actual time: 12 min 

Interim Assistant Superintendent of Business Services Pauline Follansbee highlighted important dates on budget calendar for 2018-19.

Proposed Restructuring: Berkeley Technology Academy and Independent Study – Action
Allotted time: 45 min
Actual time: 35 min 

Associate Superintendent Pasquale Scuderi said that this proposal is being presented for action and is reflective of the direction provided by the Board during the two preceding discussions on this item. He explained that a restructured BTA as a continuation program with differentiated program options would include expanding CTE, opportunity for concurrent enrollment, access to independent study, and work study and internship placements. Students who do not opt for a four-year traditional college experience will have access to customized education planning. The goal is to provide a reciprocal access between BIS and BTA. This model also proposes a blended management approach for BTA and BIS. Questions and discussion followed. 

President Daniels walked the Board through each of the proposal components to gauge each Board member’s level of support.

Components of proposal as recommended by staff:

  1. BTA becomes a continuation high school (18:1 Class Size), teacher FTE reduced from 8.0 to 5.0, and further exploration of additional offerings (CTE, independent study, and concurrent enrollment)
  2. Reduce safety officer staffing from 2.0 to 1.0
  3. Maintain clerical positions at both sites for 18-19 and reevaluate winter 2018
  4. Use one administrator for both programs
  5. Keep current BTA counselor and expand to serve BIS 

Director Alper moved to approve the staff recommendation; President Daniels seconded motion.

Vice President Appel amended component A to clarify that CTE, independent study and concurrent enrollment offerings will be incorporated in new model rather than just explored.

Motion was passed unanimously on a 6-0 vote.

Solicit Answers to Trivia Question

Trivia question: What street is physically adjacent to the greatest number of BUSD schools? 

Answer: Derby St. (Longfellow, BTA, Willard, and King CDC)

Revision to Proposed Reduction in Early Childhood Education – Action
Allotted time: 15 min
Actual time: 22 min 

Early Childhood Education Principals Maria Carriedo and Isabelle McDaniels presented an overview of enrollment projections for the second quarter, explained implications of low enrollment for 2017-18 and proposed potential scenarios to address the budget shortfall. The first proposed scenario calls for the conversion of a part-day classroom into a full-day classroom; the second involves a $127,404 cut in district contribution and closure of a part-day classroom; and the third scenario includes a $127,404 cut in district contribution as well as an FTE reduction in support staff. Questions and discussion followed.

President Daniels moved to support staff to move two part-day sections into one full-day section, to direct staff to work closely with Asst. Supt of Business Services to explore all possible ways to ensure we meet our contract, and to have staff come back with final recommendations at a time of their choosing. 

Director Leyva-Cutler seconded motion. Motion passed unanimously on a 6-0 vote.

Differentiated Assistance—Level Two Technical Assistance – Discussion
Allotted time: 15 min
Actual time 19 min 

Associate Superintendent Scuderi reported that BUSD is one of 228 districts in the state to be identified to qualify for technical assistance. Director of Special Projects Saddler explained that this is a result of the addition of foster and homeless youth subgroups to the Dashboard. BUSD qualifies based on number of homeless student population. Associate Superintendent Scuderi, Student Services Manager Tammy Rose, Dr. Pat Saddler, and TSA Lina Anderson are part of the team that will attend meetings with ACOE. The goal is to publish findings in our 2019 LCAP. Questions and comments followed.  

Review of Policy Subcommittee Work and Priorities
Allotted time: 15 min
Actual time: 15 min 

Director Alper provided a review of the Policy Subcommittee’s work in 2017 and solicited from Board members any other policies to prioritize in 2018.

  • Leyva-Cutler suggested expanding LCAP policy to include dashboard
  • Appel suggested: -  a discipline suspension policy (an alternative to discipline matrix started a year and a half ago)
  • Wellness policy to encompass more than just nutrition.
  • Fair Education policy based on the fair education act for inclusive history to represent all of our communities within BUSD.
  • A policy explicitly forbidding staff-student sexual relationships
  • Daniels seconded updating LCAP policy to include Dashboard
  • Hemphill suggested a policy on:
    • District employee/student interaction with law enforcement
    • Cannabis on campus
    • Harassing/bullying speech

Approval of Tentative Agreement with the International Federation of Professional and Technical Engineers, Local 21 for a Reopener agreement. 

Motion to approve tentative agreement with the International Federation of Professional and Technical Engineers, Local 21 for a Reopener agreement:

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

First Reading of BP/AR 1340: Access to District Records

Appel explained she pulled these items to request that the BP and AR include references when they come back for approval. 

ADJOURNMENT:
10:40PM



 
Attachments:
Board Meeting Minutes 01.10.18 (Revised)
14. Update on Implementation of BHS Universal 9th Grade Program for 18-19 - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent
PRESENTERS: Erin Schweng, BHS Principal
Hasmig Minassian, Design Team Lead/Teacher on Special Assignment
DATE: February 28, 2018
SUBJECT: Update on Implementation of BHS Universal 9th Grade Program for 18-19

PURPOSE:
To update the Board  on progress toward implementation of the Universal 9th Grade Program at BHS in 2018-2019.

BACKGROUND:
Beginning in 2014-2015, BHS leadership began giving substantial thought to structural and programmatic changes at Berkeley High School. Soon after, a team of administrators, teachers, and community members determined that the current structure of BHS did not fully align to what current research says is best for all students in terms of comprehensive high school structure and programming.

Discussions, design sessions, and stakeholder meetings over the next two school years culminated with a special Board meeting in February of 2017, a public hearing and additional discussion with the Board in May of 2017, and ultimately a June 2017 decision to redesign the 9th grade program at Berkeley High School beginning with the 2018-2019 school year.

Attached to this item are slides summarizing current progress as well as a current implementation timeline for the redesign proposal that was Board approved in June of 2017.

Tonight staff will present an update to the Board on progress toward implementation that will include the following areas: 

  • Curriculum Development

  • Community outreach and information

  • Staffing and Funding

  • Professional Development

  • Remaining Challenges and Tasks

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the update from staff. 

NEXT STEPS:
Finalize funding for the ongoing implementation of this program through the BSEP and LCAP processes early this Spring.

FISCAL IMPACT:
Approximately $580K in ongoing costs from a combination of general fund, BSEP, and LCAP.

 
RELATED PAST BOARD ITEMS:

January 25, 2017 – 13.1 BHS Redesign 

February 15, 2017 – 6.1 BHS Redesign

May 17, 2017 - First Reading of Proposed BHS Redesign for 2018-19 

June 14, 2017 – Approval of Proposed BHS Redesign for 2018-19


ATTACHMENTS:

Attachment 1: Update on Implementation and Timeline






 
Attachments:
Presentation
15. District Wide School Safety Projects - ActionWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education  
FROM:          Donald Evans, Superintendent and Timothy White, Director of Facilities
DATE:          February 28, 2018
SUBJECT:      District-wide School Safety Projects

PURPOSE:
To ensure student and staff safety by initiating School Safety Projects with facilities upgrades funded by the Measure I Bond.

BACKGROUND:
Recent events nationally have highlighted school safety concerns for the District and our families. BUSD Facilities staff have already undertaken projects for hardware replacement to install “Columbine locks,” and this process will be accelerated. In addition, it is proposed to initiate site assessment and planning for other critical school site upgrades including: perimeter improvements with fencing and gates, security cameras, security lighting, alarm/paging and public address systems, classroom upgrades such as window coverings, and other elements which may be identified during the updated site assessments. The table below shows completed site upgrades in various security areas. Sites with partial upgrades are not included the figures.

NUMBER OF SITES WITH COMPLETED UPGRADES

Sites

Columbine Locks

Cameras

Public Address

Fencing

Safety Security Officers

Preschool


3

3

3

K – 5th

3

10

9

7

Middle Schools

1

3

3

2

2

High Schools

1

2

2

2

1

Charter

1

1

1

1

Additional Sites: Adult School, Staff Locations

3

1

3



NUMBER OF SITES TO BE UPGRADED

Sites

Columbine Locks

Cameras

Public Address

Fencing


Preschool

3

0

0

0


K – 5th

8

1

2

4


Middle Schools

2

0

0

1


High Schools

1

0

0

0


Charter

0

0

0

0


Additional Sites: Adult School, Staff Locations

5

2

3

0


After review of our past projects, columbine hardware materials and labor ranged from $150K - $375K per site.

Request for Proposal will be issued by Facilities Department to hire an Architect and Engineer Team to develop a comprehensive scope and preliminary implementation.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve an initial budget of $1 million to continue to identify hardware replacements, hire an Architect and Engineer to develop comprehensive scope of work for School Safety Projects, and fund preliminary implementation. A more comprehensive budget for the work will be prepared and presented after initial scoping.

NEXT STEPS:
Request for Proposal will be issued by Facilities Department to hire an Architect and Engineer Team to develop a comprehensive scope and preliminary implementation. 

FISCAL IMPACT:
$1,000,000 initial project budget.  Funded by the Measure I Bond.  Reduce Maintenance and Operations Facility Replacement Project by $1,000,000 to fund the District-wide School Safety Project.




 
Attachments:
Measure I Program Budget Update 2.21.18
Presentation
16. Solicit Answers to Trivia Question
17. Facilities Master Plan Request for Proposal - Action
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Donald Evans, Ed.D., Superintendent
FROM:          Timothy White, Director of Facilities
DATE:            February 28, 2018
SUBJECT:    Facilities Master Plan Request for Proposal

PURPOSE:
To provide a vision for the Facilities of Berkley Unified School District as a basis for development of a project list for a 2020 General Obligation Bond measure.

BACKGROUND INFORMATION:
A Facilities Master Plan will provide an analysis of existing building systems including electrical/low voltage, mechanical/plumbing, roofing/waterproofing, building envelope, building finishes, classrooms, site elements and accessibility components.  A Facilities Condition Index for each of the sites with reference to remaining useful life of systems and costs to repair/replace systems will be developed.

Community outreach will include meetings with District staff, school meetings with the community and the staff at District school sites.  Educational Program needs will be assessed for each site to ensure facilities meet educational adequacy. 

A plan will be developed for all elementary, middle and high schools, administration, maintenance and future housing locations.  Planning will include completion of District’s Solar Master Plan remaining installations, updated furniture and equipment for each site and integrate Sustainability practices consistent with Board-adopted Collaborative for High Performance Schools (CHPS). 

Proposals will be submitted by the end of March.  Once a consultant is selected and approved by the Board of Education, we anticipate having a completed report by Fall 2018.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve staff to issue a Facilities Master Plan Request for Proposal.

NEXT STEPS:
Request for Proposal will be issued by Facilities Department March 1st.

FISCAL IMPACT:
N/A


 
Attachments:
Presentation
18. Berkeley USD's Hiring Timeline - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO: Donald Evans, Ed.D., Superintendent 
FROM: Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources 
DATE: February 28. 2018
SUBJECT: Berkeley USD's Hiring Timeline

There have been increasing concerns expressed about the timing of the hiring process in the Berkeley Unified School District, and we believe it would be helpful to describe what we’re doing in this regard. After a long process of review and adjustment, we have addressed internal challenges and obstacles to an accelerated process.

The hiring process in Berkeley Unified School District is unique.  It requires an interactive collaboration with Business Services, Education Services, Human Resources and the Berkeley School Excellence Program. Each department plays a major role in the hiring process cycle.  The cycle starts in January and extends well into the summer.  

Recognizing there’s a need for teachers in “hard to fill” areas such as in science, math and special education and a shortage of teachers of color, Berkeley Unified is moving up the timeline for its hiring process to recruit and retain qualified employees  for our schools.  

The presentation tonight will highlight changes made to the hiring process so that we can offer contracts earlier to our prospective candidates, and offer current temporary teachers a probationary contract to help us retain teachers who have already served Berkeley students this year.

STAFF RECOMMENDATION: 
Receive overview of BUSD's hiring timeline. 


 
Attachments:
Presentation
19. Information Items
19.1. Child Development Fiscal Update
Rationale:

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
PRESENTERS: Isabelle McDaniel and Maria Carriedo, Principals, Early Childhood Education
DATE:            February 28, 2018
SUBJECT:    Child Development Fiscal Update

PURPOSE:  To demonstrate that the Preschool program is able to absorb the elimination of the 2018-19 district contribution in the amount of $127,404.  

BACKGROUND:
On October 25, 2017 and January 10, 2018 staff presented information to the Board including  different options to close the budget shortfall and eliminate the district contribution of $127,404. The Board approved our action item to convert a part day classroom into a full day classroom for a potential earning increase of $85,925 based on current enrollment.  

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Staff is now proposing 2018-19 staffing reductions for a 1.0 FTE floater custodian and a .2 FTE teacher on special assignment, RTI Tier II, for savings of $81,258. 

NEXT STEPS:
The conversion of a part day classroom and recommended  staffing reductions will result in a total savings of $167,183, which is $39,779 in excess of the district contribution.  This additional amount will be used for projected increases in salaries and benefits, and possible loss of revenue if projected enrollment is not realized, 

FISCAL IMPACT:
Projected $167,183 in budget savings in the 2018-19 ECE Preschool budget.


 
19.2. Annual Student Bullying Report (2016-2017)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:   Tammy Rose, Interim Manager, Student Services
Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:    February 28, 2018
SUBJECT: Annual Student Bullying Report (16-17 School Year)

BACKGROUND INFORMATION:
California Assembly Bill 9, also known as Seth’s Law (named after 13 year old California student who committed suicide after being bullied at school), became effective July 1, 2012. Prior to passage of AB9, existing law required school districts to adopt policies to protect students who are targets of discrimination and harassment. Seth’s Law's expanded scope includes complaints alleging harassment and/or bullying due to actual or perceived characteristics, such as ethnicity, disability, or gender expression.

In accordance with Seth’s law, the Berkeley Unified School District’s Governing Board approved the District’s Anti-Bullying Policy (5131.2) in January 2012. The policy states that the Director of Student Services will report to the board at a fall Board meeting on reports of bullying within the District and make recommendations on how the policy can be more effectively implemented.

Definition of Bullying:


Berkeley Unified School District’s  policy defines bullying as follows:

Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, that inflicts physical hurt or psychological distress on one or more students or employees. It is further defined as: unwanted purposeful written, verbal, nonverbal, or physical behavior, including but not limited to any threatening, insulting, or dehumanizing gesture, by an adult or student, that has the potential to create an intimidating, hostile, or offensive educational environment or cause long term damage; cause discomfort or humiliation; or unreasonably interfere with the victim’s school performance or participation. Bullying is often characterized by an imbalance of power.  

     BUSD's Anti-bullying Policy Objectives:

  1. Cultivation of a culture of empathy, kindness, respect, and mutual trust among students and between students and staff

  2. Creation of a school climate which encourages students to disclose and discuss incidents of bullying, both in their roles as victims, perpetrators and bystanders

  3. Demonstration of a commitment to address incidents of bullying by outlining the school response to any such behaviors

Minor Incidents Total:


Minor Incidents by Grade and Ethnicity:


Major Incidents Total:



Major Incidents by Grade and Ethnicity:

Next Steps:

Recommended next steps to strengthen bullying prevention efforts in Berkeley Unified School District include:

  • For Berkeley High School, implementation of Green Dot strategies, “bystander” training for students, informational presentations to students and staff, and additional teacher training for a cohort of Berkeley High Teachers.

  • Continue to offer Bay Area PeaceKeepers Academy (weekly) sessions for students in grades 4-12.

  • Continue to provide training for staff regarding sexual harassment prevention, including sexual harassment awareness (Robin Mills) for grades 10 through 12 at Berkeley High School beginning March 2018. Planning in process to support Middle Schools, (pending Board approval) through consultant (Robin Mills) with expertise in the area of sexual harassment.

  • Refine protocols and support systems to aid school sites, students, and families to understand and addresses bullying incidents.   

  • Establish the Anti-Bullying Committee, with representation from Student Services, site administrators, special education staff, afterschool program staff, and Office of Family Engagement and Equity staff.

Policy Code:
BP 5131.2

Fiscal Impact:
$68K Approximately

Staff Recommendation:
Receive the information regarding the bullying report, and provide feedback and direction to District staff.


 
19.3. Quarterly Report of the Number of Students Referred for Expulsion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:   Tammy Rose, Interim Manager, Student Services

Pasquale Scuderi, Associate Superintendent
DATE:    February 28, 2018
SUBJECT: Quarterly Report of the Number of Students Referred for Expulsion

BACKGROUND INFORMATION:
Berkeley Unified School District's Board Policy 5144.3 specifies the following: “On a quarterly basis, the Superintendent or designee shall report to the Board the number of students who are currently being referred for expulsion, the number of students who are serving or have served since the most recent report a suspension longer than five days, and the number of students currently serving expulsions, including suspended expulsions. This report shall include relevant demographic information for each of these students, to the extent that the demographic data does not disclose confidential student information.”

The information contained in this quarterly report is for the second quarter of the year.

Quarter 2: October 30, 2018 - January 29, 2018

The number of recommendations for expulsion during quarter 2: (2)

Currently, there are two pending expulsion hearings.

Berkeley High

2

The number of students who were referred for expulsion this school year: 3

The number of students serving a suspension longer than five days during quarter 2:

Berkeley Technology Academy

1

Berkeley High School

1

Martin Luther King Junior Middle School

1

The number of students currently serving an expulsion: 1

*Expelled during the 2016-2017 school year

Berkeley High

*1

Expelled student demographic data:  

Demographic information for expelled students will be provided to the Board confidentially.  Due to the small number of students, it is not possible to provide this information publicly without risking the inadvertent identification of one or more students.

POLICY/CODE:
Board Policy 5144.3

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the information regarding the number of students referred for expulsion.


 
20. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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.

21. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
22. Adjournment

Published: February 23, 2018, 7:51 PM

The resubmit was successful.