The Presiding Officer will call the meeting to order at 5:45 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:30 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:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       March 14, 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.

Attached is the BCCE's correspondence renominating Mr. Timothy Carter o fill the union's vacancy on the Personnel Commission.

POLICY/CODE:
Education Code Sections 45245, 45246, 45247 and 45248 and 45249

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept the nomination and appoint the union's recommended candidate.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:          March 14, 2018
SUBJECT:   Approval of Out of State Travel Requests and Ratification

BACKGROUND INFORMATION:
The following out of state travel is being presented as a ratification:

Annual Partners in Education Kennedy Center Meeting, February 5-10, 2018
Ratify approval for VAPA Supervisor, Pete Gidlund to travel to Washington, D.C., to attend the annual Partners in Education meeting. By association, the Kennedy Center oversees our partnership with the Alonzo King LINES Ballet, which provides dance instruction and teacher PD to Washington elementary and will provide BUSD with general dance PD to elementary teachers district wide 2017-2020. Requested by: Maggie Riddle, Director K-8 Schools

The following out of state trips are being requested:

TESOL 2018 Conference-Chicago, IL, March 26-30, 2018
Approval for Martin Luther King MS teacher Richard Silberg to attend the TESOL 2018 conference. The TESOL (Teaching English to Speakers of Other Languages) conference will be held in Chicago, IL., March 26-30, 2018. As the largest organization focused exclusively on English language teaching for speakers of other languages, TESOL annually hosts more than 6,500 people from around the world at the TESOL International Convention & English Language Expo. Educators at all levels attend to find a productive exchange of ideas and information and to participate in a dynamic professional community. Travel expenses incurred for a conference in Phoenix are comparable to expenses for a conference in Southern California. Projected expenses of $2091.00 will be covered by school site funds. Requested by: Janet Levenson, Principal

AERA 2018 Annual Meeting, New York, NY, April 11-17, 2018
Approval for David Stevens, District TSA: Academic Support, Index, Interventions and Supports, to attend this five-day, four-night conference in New York, NY. The AERA 2018 Annual Meeting-The Dreams, Possibilities, and Necessity of Public Education. The 2018 program theme calls us to confront the struggles for public education, considering the times in which we are living, the historical arcs that shape our present(s), and the roles we can play in the fight for justice. Public education has the potential to be a central pillar of democracy and to foster civil deliberation. It is essential to democratic government, which both depends on and makes possible respect for diversity, justice, and human dignity. It has a crucial role to play in our divided world, bringing communities together to build an inclusive formation of “we the people.” Although public education’s possibilities inspire us, they are elusive. As researchers and practitioners, we have a special responsibility to make possible what often seems impossible about the dreams for public education. We must build knowledge to support the quest for equitable educational opportunity. We must (re)imagine and contribute to developing what public education can and must be for today’s children, their families, and communities, and for the billions who will be inheritors of this earth. Ours is a theme of criticism and debate, but also of celebration and hope, and above all, of understanding and action. Requested by: Wyn Skeels, CTE Coordinator.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          March 14, 2018
SUBJECT:    Overnight Field Trip Requests

BACKGROUND INFORMATION:
The following overnight field trip requests are being requested:

Close Up Washington, D.C., April 15-19, 2018
Approve participation of 250 8^th graders, five teachers and 23 parent chaperones from Martin Luther King Middle School on a five-day, four-night field trip to Washington, D.C. to participate in the Close-Up Program. Students will meet at San Francisco International Airport on Sunday, April 15^th at 4:00 p.m. and parents will pick up their students at the airport upon returning April 19, 2018 at 12:00 pm. The Close-Up curriculum offers students a first-hand look at our government through talks with their national representatives as well as the opportunity to learn about the functioning of their government.  Close- Up staff provides student supervision at a ratio of 10:1. Students will stay in D.C. area hotels, four to a room on gender specific floors, with stationed Close-Up representatives to ensure that curfew and other rules are enforced. The cost of $2000 per student is being paid by fundraising, scholarships and parent donations. No student will be denied access based on ability to pay.  Requested by: Janet Levenson, MLK Principal.

Marin Headlands, Marin County, CA, April 30-May 3, 2018
Approve participation of 29 fourth/fifth grade students, one teacher, and four other adults from Jefferson Elementary on a four-day, three-night field trip to the Robb Hill Campground at the Marin Headlands.  The group will depart Jefferson on Monday, April 30^th at 9:30 a.m. and return Thursday, May 3, 2018 at 2:00 p.m.  Students have been studying California History and will explore the Presidio and the cliffs. This trip will also provide students the opportunity to get to build on the decision-making and leadership skills that have been promoted all year, as well as connect their science curriculum as it pertains to weather, astronomy earth science and living systems.  Students will sleep in gender specific tents. BUSD will provide transportation.  The total cost of $3,400 is being paid through class fundraising and parent donations.  No student will be denied access based on inability to pay.  Requested by: Mary Cazden, Jefferson Principal.

Mosaic Project Camp, Napa, CA, May 7-11, 2018
Approve participation of 28 fourth-grade students, 2 teachers and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 7^th and return at 3:30 p.m. on Friday, May 11, 2018. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation. The cost of $325.00 per student will be paid by a PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Mosaic Project Camp, Napa, CA, May 14-18, 2018
Approve participation of 28 fourth-grade students, 2 teachers and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups. The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 14^th and return at 3:30 p.m. on Friday, May 18, 2018. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $325.00 per student will be paid by a PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Mosaic Project Camp, Napa, CA, May 21-25, 2018
Approve participation of 28 fourth-grade students, 2 teachers and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups. The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 21^st and return at 3:30 p.m. on Friday, May 25, 2018. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation. The cost of $325.00 per student will be paid by a PTA funds and parent donations. No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Cazadero Performing Arts Camp, Berkeley, CA, May 18-20, 2018
Approve participation of 105 5^th grade Elementary School students, 10 teachers and 10+ non-staff adults, on a three-day, two-night field trip to Cazadero Performing Arts Camp, CazPAC in Berkeley, CA.  BUSD will provide transportation for students to the CazPAC on Friday, May 18th, at 8:30 a.m. and be driven by parents from the event at 2:00 p.m. on Sunday, May 20, 2018. During the retreat band students will be encouraged to build interest in middle school music programs.  Meet and bond with students from other elementary schools and work with middle school mentors. Students will sleep in supervised, gender specific tent cabins in separate rooms chaperoned by parents. The cost of $145.00 per student will be paid with parents and scholarships.  No student will be denied access based on inability to pay.  Requested by: Pete Gidlund, VAPA Supervisor

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 Assistant Superintendent of Business Services
DATE:         March 14, 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. San Francisco State University donated $9,500 to reimburse Berkeley Unified School District for Confucius classroom at Berkeley High.
2. Dorian donated $33.19 to Cragmont School, fall rebate.
3. The Benevity Community Impact Fund donated $150.00 to Le Conte Principal’s Discretionary Fund.
4. AT&T Your Cause donated $40.00 to the Principal’s Discretionary Fund.
5. Kristin R. Stangl donated $150.00, and Scott Regan & Nicole Chabot donated $1,500 to Outdoor Ed trip for Berkeley Adults Magnet.
6. Berkeley Public Schools Fund donated $1,000.00 to Rosa Parks School Principal’s Discretionary Fund.
7. Emerson PTA donated $3,037.18 for the Principal’s Discretionary Fund.
8. Berkeley Arts Magnet PTA donated $7,360, Stephane & Teresa Larrouilh donated $100, Per Ivar & Caitline Selvaag donated $188, Alejandro Huneeus & Jennifer L. Rix donated $375, Nick Walker donated$187.50, Liam Garland, TinaM. Trujillo donated $394, Seth & Shanti Corrigan donated $375, Jorge Olague & Yedid Guerrero donated $94,Samuel Gonzalez donated $50, Sandra P. Bishop donated $750 to the 5^th Grade Field Trip at Berkeley Arts Magnet School.
9. Growing Leaders donated $25,000 to Willard School (Teacher Matt Tsang).
10. Berkeley Public Schools Fund donated $1,425.30 to pay for LeConte and Malcolm X TK teachers to attend the 9^th NREA Winter Conference, 17-18 Strategic Impact Grant 1-768.
11. Fourth Street Bagel donated $1,500 to Nutrition Services Department.

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $53,209.17 in donations.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        March 14, 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. Hearing Conservation Associates, to provide hearing screening services to BUSD students for the period from 7/1/17 - 6/30/18. The cost will not exceed $16,236. To be paid from General Fund. Requested by Lisa Graham.
2. Increase in contract amount, PO180081, to AZ Bus Sales Inc., to provide additional bus repair services for the Transportation Department for the 2017/18SY. The original amount of $9,900 was issued on 7/6/17. The additional amount requested is $10,000 for a total amount of $19,900. To be paid from General Fund. Requested by Amanda Espino.
3. Increase in contract amount, PO180160, to Kelly’s Truck Repair to provide auto repair services for the Transportation Department for the 2017/18SY. The original amount of $9,900 was issued on 7/10/17. The additional amount requested is $5,000 for a total amount of $14,900. To be paid from General Fund. Requested by Amanda Espino.
4. Increase in contract, PO180029, to Roto Rooter to provide plumbing services for the Maintenance Department for the period from 7/1/17 - 6/30/18.The Board approved $15,000 on 5/31/17. The additional amount will increase the cost by $15,000 for a total amount of $30,000. To be paid from Measure H. Requested by Steve Collins.
5. Increase in contract, PO180203, to Dinelli Plumbing, to provide plumbing  services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The Board approved $30,000 on 5/31/17. The additional amount will increase the cost by $25,000 for a total amount of $55,000. To be paid from Measure H. Requested by Steve Collins.
6. Increase in contract, PO180053, to Sun Light and Power to provide solar power services for the Maintenance Department for the period from 7/1/17 - 6/30/18.The Board approved $12,000 on 5/31/17. The additional amount will increase the cost by $18,000 for a total amount of $30,000. To be paid from Measure H. Requested by Steve Collins. 

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           March 14, 2018
SUBJECT      Approval of Master Contract for Nonpublic Agency for the 2017-18 School Year 

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $72,800 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Pasquale Scuderi, Associate Superintendent for Educational Services
DATE: March 14, 2018
SUBJECT: Recommendation for Expenditure of BSEP Funds for Class Size Reduction in FY 2018-19

BACKGROUND:
According to Measure E1 of 2016, “sixty-six percent (66%) of the Available Revenues shall be dedicated annually to reducing class sizes at all District-operated K-12 schools, and may also be allocated to provide funding for professional development, classroom support, program evaluation, and expanded course offerings.”

Class Size Reduction and the Teacher Template

The contribution of BSEP Class Size Reduction (CSR) Funds for classroom teachers is estimated using a planning tool known as the “Teacher Template” (Appendix A). The Teacher Template calculates student enrollment and staffing for class size ratios to be paid for by General Fund (GF) resources and then calculates additional staffing to be paid for by BSEP funds, to determine the total number of teacher staffing, expressed as Full Time Equivalent (FTE).

This recommendation includes the following assumptions, which reflect the Measure E1 goal of gradually rebalancing of elementary class sizes toward a school-wide average of 23, as well as the adjustment in release time in elementary school toward parity 1st-5th.

• 34:1 General Fund Staffing Ratio for Elementary
• 22.4:1 BSEP Measure E1 Staffing Ratio for K
• 22.65:1 BSEP Measure E1 Staffing Ratio for 1st
• 20:1 BSEP Measure A prior Staffing Ratio for 2nd-3rd
• 26:1 BSEP Measure A prior Staffing Ratio for 4th-5th
• 36:1 General Fund Staffing Ratio for Secondary
• 28:1 BSEP Measure A/E1 Staffing Ratio for Secondary
• 18:1 BSEP Staffing Ratio for TK, Special Day Class and BTA
• 0.16 FTE Release Time FTE for 1st-5th grades
• 0.20 FTE Release Time FTE  for 6th grade

Using these assumptions, and with a projected TK-12 enrollment of 9,530 the staffing formula results in a total of:

• 449.68 FTE Classroom teachers needed, of which:
• 132.28 FTE Provided through BSEP CSR (approximately 30% of all classroom FTE).

In order to calculate the costs to BSEP, the following assumptions are used:

• $101,441 Average teacher compensation (salary and employer-paid fringe benefits)
•    $1,878 Average substitute teacher compensation
•    $2,870 Direct Support = costs associated with maintaining additional classrooms

Altogether, to meet these targeted class size reduction goals, the expense to the BSEP Class Size Reduction fund in 2018-19 is projected to be $14,046,600.

Berkeley Unified is moving up the timeline for its hiring process to recruit and retain qualified employees for our schools. In order to accelerate the process of hiring, the P&O was provided with a draft Teacher Template for its review and approval on February 13, 2018 and an update was adopted by the Committee on February 27, 2018. Further revisions to the calculations were made on March 2, 2018, and that template is attached to this document. It should be noted that enrollment projections are reviewed again, both prior to presentation of the budget to the Board for adoption in June, and in early September after the actual enrollment has stabilized. The actual expense for the BSEP transfer to the General Fund for classroom teachers is calculated at the close of the Fiscal Year.

In addition to the Class Size Reduction goal, which is achieved through the aforementioned transfer of funds from BSEP to the General Fund, this resource supports a number of expenses in support of high quality instruction, as permitted by the Measure. These expenses, under the rubric of “Support for Teaching”, may include Professional Development, Program Evaluation, Expanded Course Offerings, and Classroom Support. Initial proposals will be reviewed by the committee on February 27, for potential approval on March 13, 2018 and delivery to the Board at a future meeting.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1)

FISCAL IMPACT:
Expense to the BSEP Class Size Reduction fund in 2018-19 and transfer to the General Fund is projected to be $14,046,600, with another $832,963 based on indirect cost rate of 5.93%

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for Class Size Reduction in FY 2018-19.

BERKELEY UNIFIED SCHOOL DISTRICT

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:                  Donald Evans, Ed. D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            March 14, 2018
SUBJECT:      Approval of Resolution 16-022 to Apply and Receive Funds from the Bay Area Air Quality District (BAAQMD) for the Carl Moyer Program

BACKGROUND:
The Berkeley Unified School District has a demonstrated commitment to replacing older school buses with clean or alternative fuel school buses.

The California Air Resources Board Lower-Emission School Bus Program governs school district transportation vehicles. The primary goal of the program is to reduce school age children’s exposure to both cancer-causing and smog-forming pollution. After researching previous grant awards, we determined that BAAQMD had previously awarded grant funding to retrofit our newer, safer buses currently in service with particulate traps, which reduce air pollution. The retrofit brought our fleet into compliance. Additionally through further agency inquiry, we learned that our District was exempt from the CAARB mandate for equipment replacement. Berkeley Transportation is now compliant with all current regulations. 

Due to recent settlements with Volkswagen of America, Inc., grant money is now available through BAAQMD for low-emission school bus purchases.  

Amanda Espino, Operations Supervisor submitted the grant application with Carl Moyer Memorial Air Quality Standards Attainment Program for School Bus Equipment Replacement (with retrofit option) in October 2017.  The grant will cover the entire cost of the eight (8) new Mirco-G5 Ford gasoline school buses provided by A-Z Bus Sales.

GASOLINE SCHOOL BUSES:
he Micro Bird G5 make is significantly different and innovative. The Micro Bird G5 is the leader in its category, providing the lowest cost of operation, and offers several features that work in harmony with safety to help protect passengers if an accident is unavoidable.

Blue Bird's Micro Bird G5 body combines renowned safety and durability advantages such as one-piece steel roof bows, with new advances in visibility, serviceability, ergonomics, comfort, and has a stylish and modern design.

FISCAL IMPACT:
In addition to saving the General Fund Transportation Budget $644,390.64 for the cost of the buses, there will be savings from using gasoline (unleaded) fuel instead of diesel fuel and additional revenue generated from the sale of existing buses. 

STAFF RECOMMENDATION:
Approve Resolution 18-22 to apply for funds from the Bay Area Air Quality Management District (BAAQMD) for the Carl Moyer Program.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D.,Superintendent
FROM:                Timothy White, Executive Director of Facilities
PRESENTER:   Timothy White, Executive Director of Facilities
DATE:                  March 14, 2018
SUBJECT:        Approval of the Schematic Design of the Berkeley High School Field Turf Replacement Project 

PURPOSE: To replace the synthetic field turf at Berkeley High School

BACKGROUND:
On January 10, 2018, the Board approved a project to replace the synthetic field turf at Berkeley High School and enter into an agreement with Verde Design to design the project. Since then, there has been one Site Committee Meeting. Attached to this cover memo is the site plan. The project includes:

1. Replacement of existing synthetic field turf
2. Shock pad beneath turf to decrease fall impact
3. Striping for football, soccer, boys and girls lacrosse and field hockey

The current construction budget is estimated to be $714,000. There was no controversy during the process. The Site Committee supports the project plan

RECOMMENDATION:
Approve the schematic design of the Berkeley High School Field Turf Replacement Project.

NEXT STEPS:
Designer will prepare construction documents and bid the project for summer installation.

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

RELATED PAST BOARD ITEMS:
Item 4.9 - January 12, 2018

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent

FROM:           Timothy White, Director of Facilities

DATE:            March 14, 2018

SUBJECT:     Approval of an Amendment for CAW Architects for the Berkeley High School Building A Theater Project

BACKGROUND:

CAW Architects is determining scope which will fit within the District’s budget for a first phase project of $35,000,000.  This amendment will allow structural engineers to determine a design which will not trigger a mandatory structural upgrade of the entire building.

RECOMMENDATION:   

Approve amendment for CAW Architects for the Berkeley High School Building A Theater Project.

FISCAL IMPACT:

Contract award by this action: $24,900 for the consultant fee to be paid from Measure I Bond Funds. This project is within the Berkeley High School Building A Theater Project. The amended contract amount will be $634,635.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:       Karen Hemphill, School Board Director
Beatriz Leyva-Cutler, School Board Director
DATE:        March 14, 2018
SUBJECT:  Resolution 18-020 in Support of School Safety

BACKGROUND INFORMATION: 
Gun violence has caused the death of hundreds of students on school campuses. Most recently, 17 students lost their lives in a massacre at Parkland Florida’s Marjory Stoneman Douglas High School. The attached resolution is in support of the right of students and staff to attend schools that are safe and free from violence as well as harassment by calling for legislation, including funding for wraparound services to prevent bullying, harassment, discrimination and violence in our schools and to provide funding for programs and staff such as counselors, nurses and psychologists, that support students’ mental, physical and emotional health. In addition, the resolution requests that our state and federal legislators strictly regulate or prohibit the sale of semi-automatic and related “assault-type” weapons.

RECOMMENDATION: 
Approve Resolution 18-020 in Support of School Safety.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Judy Appel, School Board Vice President
DATE: March 14, 2018
SUBJECT: Approval of Resolution 18-021 in Support of Improving and Expanding Child Care and Early Education Services in Alameda County

BACKGROUND:
Limited access to quality, affordable child care and early education is resulting in children not ready for kindergarten, parents unable to find child care they can afford, and early educator pay that is so low that it is difficult to provide the basics for their own families. Alameda County Board of Supervisors voted unanimously to put a measure before the voters in June 2018 to implement a one-half percent sales tax for 30 years to fund expanded access to child care and early education for low-and-middle income families and to raise wages for child care providers and early childhood educators to a minimum of $15 per hour. 

RECOMMENDATION:
Adopt Resolution 18-021 in support of improving and expanding child care and early education services in Alameda County. 

BERKELEY PUBLIC SCHOOLS

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

510-644-6206

President Daniels called the meeting to order at 3:45pm.

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

OPEN SESSION

APPROVAL OF SPECIAL MEETING AGENDA
Motion to approve special meeting agenda:
Daniels/Alper and unanimously approved 3-0 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Leyva-Cutler and unanimously approved 3-0.

ADJOURNMENT
3:50pm

BERKELEY PUBLIC SCHOOLS

Official Minutes

President Daniels called the meeting to order at 7:33pm. He reported that the Board convened to Closed Session at 5:31pm.

Roll Call
Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – Excused late arrival
Beatriz Leyva-Cutler, Director/Clerk – 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 Resources
Lyz Chairez, Recorder 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of President Daniels, Item 16 was pulled from agenda altogether.
Motion to approve agenda as amended:
Alper/Hemphill and unanimously approved 5-0. 

REPORT CLOSED SESSION
President Daniels reported out on closed session: 

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

Case No. 14040018/111000282
Motion to approve staff recommendation to enter into a worker’s comp settlement:
Alper/Hemphill and unanimously approved 4-0.

Case No. DSC150359
The Board gave direction to staff; no action was taken.

Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(b))—Two (2) Potential Cases

The first potential case was tabled.
The second potential case was discussed; no action was taken. 

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

The Board received an update from staff; no action was 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 received an update from staff; no action was taken.

PUBLIC TESTIMONY
A total of 14 people addressed the Board:

One comment on budget cuts 

Six comments in support of hiring and retaining teachers of color

One comment regarding a BUSD teacher

One comment regarding complaint process

One comment regarding teacher compensation

Three comments in support of a BUSD teacher 

One comment in support of policy regarding access to district records 

UNION COMMENTS
BFT members advocated for the Teachers of Color Network (TCN). They spoke in support of recruiting and retaining teachers of color in BUSD and shared anecdotes of teachers of color who accepted job offers from neighboring districts with diverse teaching staff due to the delay in our hiring process. 

Berkeley Council of Classified Employees (BCCE) President Paula Phillips reported that on Feb. 9 BCCE will sit at the table to negotiate an increase in compensation. She broke down compensation of certain classified positions to highlight what the raise BCCE is requesting translates to in terms of money. She urged the Board to provide an ongoing raise to BCCE members. 

COMMITTEE COMMENTS

Berkeley Council members Mimi Pullich and Christine Staples thanked the Board for taking safety officers at Washington and BHS off the budget cuts table. They advocated for Washington and the need for support there as a result of increase in enrollment. They also urged the Board to carefully consider how positions that are proposed to be cut impact our students.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hemphill thanked BFT for coming out and supporting BUSD in hiring teachers of color. She said that our consultant has looked at some of our hiring practices in an effort to establish a hiring process that will attract teachers of color as we can certainly do more work by looking closely into our experience of hiring.

Director Alper expressed interest in looking into HR hiring practices. 

Director Leyva-Cutler also looks forward to knowing more of what exactly our recruitment and hiring of teachers of color looks like. 

Director Swenson shared that she’s only had seven teachers of color. She hopes that the District takes the necessary steps to address shortage of teachers of colors. 

President Daniels thanked all who participated in establishing the teacher pathway. He added that we are the only district that has set aside resources to support such program.

Superintendent Evans thanked BFT for coming out to support the hiring of TOC. They are looking into moving hiring deadlines up. He also thanked those who participated in SBAC meeting and announced that the final recommendations will be presented tonight. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:

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

 Governor’s Budget Update – Discussion
Allotted time: 15 min
Actual time: 13 min 
Interim Assistant Superintendent of Business Services Pauline Follansbee reported that the Governor has approved the State budget. She highlighted that the Governor approved to fully fund LCFF which translates into additional money for ADA. She explained that the District’s budget faces challenges due to significant increase in CalPERS and CalSTRs contribution. The Governor will report his budget revision in May before it is approved in June. Questions and discussion followed.

First Reading of Proposed Reductions and Budget Priorities for 2018-2019 Base Grant (Unrestricted General Fund) – Discussion
Allotted time: 60 min
Actual time: 89 min 

Associate Superintendent Scuderi and Interim Assistant Superintendent Follansbee presented budget priorities and proposed budget cuts as recommended by the Superintendent’s Budget Advisory Committee. They clarified that while the District has received additional revenue, cuts are being made due to the uncertainty of the future and in preparation for a structural deficit. They walked the Board and viewing audience through the process by which cuts and priorities were identified, recommended and presented to the committee for review and approval. Their presentation provided an overview of proposed cuts grouped by category, a summary of proposed ongoing and one-time expenditures, and additional budget priorities to consider in the event that additional funding becomes available. Questions and discussion followed. 

Solicit Answers to Trivia Question

Approval of Tentative Agreement with the Berkeley Council of Classified Employees for a Reopener Agreement – Action

Motion to approve Tentative Agreement with the Berkeley Council of Classified Employees for a Reopener Agreement:
Appel/Alper and unanimously approved 6-0

ADJOURNMENT
10:40pm

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent, Ed Services
PRESENTERS: Pasquale Scuderi, Associate Superintendent, Ed Services
DATE: March 14, 2018
SUBJECT: Update on Special Education Report

PURPOSE:
Update the Board on developing efforts and adjustments related to this school year’s special education assessment and review.

BACKGROUND:
In light of growing costs related to special education both statewide and within BUSD, District staff and special education leadership recently retained a consultant for the purposes of reviewing the special education program and delivery systems within BUSD. Fiscal realities dictate that the District analyze its current systems and explore alternate ways to meet student needs in a manner that is more cost-effective while also maintaining appropriate levels of service to students and families.

The District retained the services of Dr. William Gillaspie whose extensive experience in educational settings, fiscal management, and management, made him an effective choice to facilitate a comprehensive review and analysis of our special education program that was delivered to the Board in executive summary form on  December 6, 2017.

Dr. Gilaspie’s preliminary findings and summary of recommendations for Special Education were based on visits to BUSD that included briefings with executive cabinet, an on-site review at the District office, and interviews with a variety of staff that included district administrators, school site administrators, teaching staff, and support personnel.

Concurrent with tonight’s update, the full text of the 57 page-report is being made available under separate cover as an information item.

That report gives specific recommendations in 14 areas ranging from procedures to fiscal planning and from non-public schools and agencies to transportation, as well as several others in a comprehensive assessment of our existing program.

The report’s recommendations come at a time where our current Director of Special Education is moving on from the District so the primary district focus over the past several weeks has been the recruitment of a successor. However, we do believe that the timing on this will actually yield a longer term benefit insofar as a new director will arrive with a detailed needs assessment to serve as a specific blueprint for improvement.

Once the new Director is hired, the parent advisory committee mentioned in the report’s final section will be convened. In the interim, District staff believes that some of the basic procedural guideline and document development work referenced in the report can begin now, be joined as a work in progress by the incoming new Director, and completed under their term. Among the initial areas staff is looking to address in the near term from the report are:

• Adopt a modified Procedural Manual for BUSD from the North Region SELPA Procedural Manual

• Review Extended School Year costs, policies, and procedures

• Review MediCal billing and receipts

• Review of Non-Public Agency (NPA) and Non-Public School (NPS) placements

• Drafting of revised manuals and policies for Coordination of Services (COS) Teams and/or Student Success Teams (SST)

Again, the aforementioned list simply represents areas where staff believes we can begin work effectively during a leadership transition in Special Education.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
What additional questions do you have regarding the implementation or work on recommendations from the report?

NEXT STEPS:
Staff will update the Board later this Spring on both hiring progress on new Director, leadership transition, and work on these initial report recommendations.

FISCAL IMPACT:
None at this time.

RELATED PAST BOARD ITEMS:
December 6, 2017

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D.
FROM: Pasquale Scuderi, Associate Superintendent
PRESENTERS: Patricia Saddler, Ed. D
DATE: March 14, 2018
SUBJECT: Local Control Accountability Plan (LCAP) Recommendations

BACKGROUND:
Per Board Policy 0460, the Superintendent is required to annually recommend at least one action or service for elimination from the LCAP for the next school year.  After discussion with the stakeholders and a review of the student data, it has been determined that the following actions will be eliminated:

• Professional Learning Community Professional Development - ($40,000)

• Early Literacy Summer and Saturday Program - Ramp Up ($30,000)

Services and Actions that are being recommended to be modified:

• Reduction of Math Coach at BHS - .60 FTE ($59,920)

• Reduction of One BHS Intervention Counselor - 1.0 FTE ($91,000)

• Reduction of EL FTE at Rosa Parks and TO (0.1 @ each site) ($20,805)

New Services that are being considered:

• LEAP - 1.0 FTE ($91,000)

• Math (Secondary) - Coordinator ($135,200)

Services and Actions that were added for Second Semester:

• School Welfare and Attendance - BHS ($39,066)

• Restorative Justice Coordinator - BHS  ($60,000)

Services that were added 10.12.18 to support mathematics based on the data analysis:

• Elementary Support - LeConte and TO - .20 FTE each ($39,760)

• Middle School - Longfellow - .40 FTE ($47,090)

RECOMMENDATION:
Requesting that the Board accepts the recommendation of the Superintendent to discontinue the recommended Actions and Services for 2018- 2019.

FISCAL IMPACT:
Elimination of the recommended actions in service will reduce the projected expenditures for the 2018-2019 Supplemental Funding in the amount of : $241,725

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D. Superintendent
FROM: Pasquale Scuderi, Associate Superintendent
PRESENTERS:   Patricia Saddler, Ed.D.  Director, Programs and Special Projects
DATE: March 14, 2018
SUBJECT: Update on Berkeley High School Health Needs Assessment

BACKGROUND:
In the fall of 2016, with staffing support from HCSA Center for Healthy Schools and Communities (CHSC), Berkeley High School and the University of California San Francisco (UCSF) partnered to gather data on the access and delivery of both behavioral health school health center services at Berkeley High. A Needs Assessment Steering Committee was established, tasked with conducting a comprehensive assessment of the school’s health and wellness systems and supports. Consisting of 13 stakeholders from the school community; the committee met 4 times over the course of the assessment to provide input on data collection and develop recommendations to improve health and wellness supports.

Primary data collection for the needs assessment was conducted with students, parents, school staff, and other key stakeholders representing BUSD, Berkeley High School and the Berkeley High School Based Health Center. Four focus groups were conducted including 3 with students (n=34 students) and one with the Steering Committee. Additionally, surveys were administered to students, staff and families. In total, 886 student (9th and 11 grade), 108 staff and 178 parent/guardian surveys were completed. Lastly, 8 key stakeholder interviews were conducted with providers, staff, and site and district administrators. To provide context, secondary data from the California Healthy Kids Survey (CHKS) and School-Based Health Center evaluation was also analyzed.  Ultimately, the findings of this study are being shared with key stakeholders to help shape and implement improvements to the health and wellness system to ensure that all students have access to the supports they need to learn and thrive.

FISCAL IMPACT:
N/A 

RECOMMENDATION:
Discuss and give direction to staff.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            March 14, 2018
SUBJECT:     Certification of Second Interim Report for the Period Ending January 31, 2018

Staff has prepared the Second Interim report in compliance with Education Code EC 42131(a)(1) requirements and AB1200.  The Second Interim Report covers the reporting period ending January 31, 2018.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period to determine whether or not the district is able to meet its financial obligations. The following certifications may be assigned:

• Positive:  assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified:  assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative:  assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the Second Interim Report, along with assumptions using the School Services of California, Inc. Dartboard, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.  The Second Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of Second Interim Report
5. Form 01 – General Fund on Restricted and Unrestricted formats
6. Form 11–67 for all other District funds
7. Form A – Average Daily Attendance
8. Form Cash—Cash Flow
9. General Fund Multi-year Projection using the MYP software (under separate cover)
10. Criteria and Standards

This Second Interim Report along with the Multi-year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the Second Interim Report to the County with a positive certification.

POLICY/CODE:
Education Code Section 42100 – 42134 et seq.

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the Second Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Board of Education
FROM:           Policy Subcommittee
DATE:           March 14, 2018
SUBJECT: First Reading of Policy Regarding Interviews of Students by District Legal Counsel

The Policy Subcommittee discussed this policy on June 6, 2017 and again on June 27, 2017.  The Board discussed an earlier version of this policy at its June 28, 2017 meeting.  The Policy Subcommittee further discussed the policy at its September 29, 2017 meeting, and again at its March 2, 2018 meeting.

At the March 2, 2018 meeting, the Policy Subcommittee decided to amend the draft policy to clarify that District counsel may not interview students without parental/guardian consent, even if the parent/guardian is unable to be reached.  If District counsel is involved there will almost never be an exigent circumstance requiring an interview of a student by a lawyer without time to obtain parental/guardian consent.  The proposed policy does allow for an exception to the policy if the Superintendent believes that notification to a student’s parent/guardian would irreparably impede or damage an ongoing investigation of critical and immediate importance or endanger the student or other students. 

 Because it has been so long since the policy was discussed at the Board level, we are requesting that the policy be placed on the March 14, 2018 agenda for another “first reading” before it is brought to the Board for approval. 

As always, we appreciate the community input that assisted in our development of this policy.

COMMITTEE RECOMMENDATION:
Discuss and receive policy regarding student interviews by District counsel for first reading. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM:  Donald Evans, Ed.D., Superintendent
DATE:  March 14, 2018
SUBJECT:  Vote for Delegate to the California School Boards Delegate Assembly 

BACKGROUND INFORMATION:
The California School Boards Association (CSBA) is a collaborative group of virtually all of the state's more than 1,000 school districts and county offices of education. It brings together school governing boards and their districts and county offices on behalf of California's children.

CSBA members elect representatives from 21 geographic regions. Alameda County is Subregion 7-B and there are four vacancies in our region.

California School Board Directors are eligible to vote in this election. The Board as a whole may vote for up to the number of vacancies as indicated on the ballot. Regardless of the number of vacancies, the Board may cast no more than one vote for any one candidate. The ballot also contains a provision for write-in candidates: their name and district must be clearly printed in the space provided on the ballot.

Election results will be posted on CSBA's website on April 1, 2018.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and vote for eligible CSBA candidates. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent
DATE: March 14, 2018
SUBJECT: Special Education Report, Text of Final Report

BACKGROUND:
On December 6, 2017, Dr. William Gillaspie, the former Deputy Administrative Officer for the Fiscal Crisis & Management Assistance team (FCMAT), who served the California school system from 2002 to 2016 presented to the Board an executive summary of his analysis and review of our current Special Education program in BUSD. The report, commissioned in light of growing costs related to special education both statewide and within BUSD, analyzed our current systems and explored alternate ways to meet student needs in a manner that could be more cost-effective while also maintaining appropriate levels of service to students and families.

The final report, attached here, makes multiple recommendations in 14 different areas ranging from procedures and fiscal planning to non-public schools and agencies and transportation, as well as several others in what constitutes the most comprehensive assessment of our program in several years.

In a separate discussion item tonight, staff will discuss the preliminary steps taken and areas where staff is focusing relative to the report’s recommendations.

RECOMMENDATION:
Receive the report.

FISCAL IMPACT:
None currently. Consulting fees of $10,000 were previously paid to commission the report.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Board of Education
FROM:         Policy Subcommittee
DATE:            March 14, 2018
SUBJECT:   Revised LCAP Policy for First Reading 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D, Superintendent
FROM:            Timothy E. White, Executive Director of Facilities
DATE: March 14, 2018
SUBJECT:     Facilities Plan Update 

BACKGROUND:
This report is an update of the Facilities Construction Plan approved by the Board on January 10, 2018.  Data in this report are current as of March 1, 2018. This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.   

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