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Regular Meeting
Berkeley USD
March 28, 2018 6:00PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 6:00 PM
Quick Summary / Abstract:

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



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 5:45 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. Consideration of Student Expulsion (Ed. Code Section 48918(c))
3.2. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
3.3. Conference with Real Property Negotiators (Government Code Section 54956.8)
3.3.1. 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 March 28, 2018
6. Report on Closed Session
7. Trivia Question
Rationale:
Because the answer can be found via internet search, the trivia question will not be published until the day of the Board meeting.


 
8. 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. 

9. 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).
10. 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.
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       March 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 03.28.18
Classified Personnel Report 03.28.18
12.2. Approval of Elimination/Reduction of Specified Classified Positions
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D., Superintendent
FROM:            Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources   
DATE:             March 28, 2018
SUBJECT:      Elimination/Reduction of Specified Classified Positions

BACKGROUND INFORMATION:
Due to lack of work and /or lack of funds the following classified positions in the District need to be eliminated/reduced.

SITE

POSITION

ELIMINATE/REDUCE

Funding Source

Before and Afterschool Program – Cragmont

Instructional Technician – Before and Afterschool Program

Reduce from .33 FTE to .30 FTE

Afterschool Funding

Berkeley High School (BHS)

School Safety Officer

Eliminate 2.00 FTE

(one presently vacant)

General Funding

Berkeley Technology Academy (BTA)

School Safety Officer

Eliminate 1.00 FTE

General Funding

Child Development Center – King

Custodian I

Eliminate 1.00 FTE

Child Development Funding

Maintenance and Operations

Custodian I (Roving)

Eliminate 1.00 FTE

(presently vacant)

General Funding

Realm Charter School

Custodian I

Eliminate 1.00 FTE

(presently vacant)

General Funding

In light of Education Code requirements, it is necessary for the Governing Board to set forth and act on the eliminations/reductions so that each employee affected can be timely notified as prescribed by law and collective bargaining agreements.  We regret the hardship this notification process places on employees and the uncertainty of their future employment status.

POLICY/CODE:
Education Code Sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:
None.

STAFF RECOMMENDATION:
Approve Resolution.



 
Attachments:
Resolution to Eliminate/Reduce Positions
12.3. Approval of Out-of-State Travel Requests
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:     Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         March 28, 2018
SUBJECT:  Out of State Travel Request

BACKGROUND INFORMATION:
The following out of state travel requests are being requested:

Out of State Travel Approval

Youth Mental Health First Aid Instructor Training, Seattle, WA, June 11, 2018 to June 15, 2018
Approval for Rodney Lewis, Custodian II at Berkeley Adult School and Aiesha Lockett, Student Welfare & Attendance Specialist, Marie Joiner Counselor on Special Assignment, Sara Garcia, Safety Officer at Berkeley High School, David Luu, Student Welfare & Attendance Specialist at Berkeley High School, Sandra Maldanado, Student Welfare & Attendance Specialist at Berkeley Technology Academy and Leticia Amecua, Family Engagement & Equity Specialist at Berkeley High School to Youth Mental Health First Aid instructors training from June 11, 2018 to June 15, 2018, in Seattle, Wa. This five day, four night training will enable Rodney, Aiesha, Marie, Sara, David, Sandra and Leticia to train BUSD staff in a 5-step action plan for how to help young people in both crisis and non-crisis.  This training will also expand their understanding of behavioral health issues and allow BUSD to increase the number of instructors available for YMHFA training.  Requested by Pat Saddler, Director of Programs and Special Projects. Travel and conference cost is approximately $33,680 and will be paid by Mental Health Youth First Aid federal grant.

AVID Summer Institute Training, San Antonio, TX, July 10, 2018 to July 12, 2018
Approval for Siu Lau, Senior Budget Manager, Maggie Riddle, Director of K-8 Schools and Patricia Saddler, Director of Programs and Special Projects to attend AVID Summer Institute. This three day, two night training will provide them with the expertise to increase schoolwide learning and performance for students in grades four through twelve.  The purpose of the AVID program is to restructure the teaching methods of an entire school and to open access to the curricula that will ensure four-year college eligibility for almost all students.  Requested by Patricia Saddler, Director of Programs and Special Projects.  Travel and conference is approximately $8025 and will be paid using LCAP AVID funds.

AVID Summer Institute Training, Denver, CO, June 12, 2018 to June 14, 2018
Approval for Wyn Skeels, CTE Coordinator to attend AVID Summer Institute.  This three day, two night training will provide him with the expertise to increase schoolwide learning and performance for students in grades four through twelve. The purpose of the AVID program is to restructure the teaching methods of an entire school and to open access to the curricula that will ensure four-year college eligibility for almost all students.  Requested by Patricia Saddler, Director of Programs and Special Projects.  Travel and conference is approximately $2,535 and will be paid using LCAP AVID funds.

POLICY/CODE:
Education code 35330
Board Policy 6153


 
12.4. Approval of Overnight Field Trip Requests
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:          March 28, 2018
SUBJECT:   Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Kirby Cove-Marin Headlands, Marin County, CA, May 8-10, 2018
Approve participation of twenty-eight fifth grade students, one teacher, and six other adults from Jefferson Elementary on a three-day, two-night field trip to the Kirby Cove Group Campground at the Marin Headlands.  The group will depart Jefferson on Tuesday, May 8th at 9:30 a.m. and return Thursday, May 10, 2018 at 2:00 p.m.  Students will learn the area’s historical significance and study the weather, astronomy and earth science. Students will sleep in gender specific tents. BUSD will provide transportation. The total cost of $3,500 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.

Kirby Cove-Marin Headlands, Marin County, CA, May 14-17, 2018
Approve participation of twenty-eight fifth grade students, one teacher, and ten other adults from Jefferson Elementary on a four-day, three-night field trip to the Kirby Cove Group Campground at the Marin Headlands. The group will depart Jefferson on Monday, May 14th at 9:30 a.m. and return Thursday, May 17, 2018 at 2:00 p.m.  Students will learn the area’s historical significance and study the weather, astronomy and earth science. Students will sleep in gender specific tents. BUSD will provide transportation. The total cost of $3,500 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.

Marin Headlands, Marin County, CA, May 24-25, 2018
Approve participation of twenty-one first grade students, one teacher, and 10 other adults from Rosa Parks Elementary on a two-day, one-night field trip to the Robb Hill Campground at the Marin Headlands. The group will depart Rosa Parks on Thursday, May 24th at 10:00 a.m. and return Friday, May 25, 2018 at 11:00 a.m. Students will focus on habitat and how organisms develop to survive. There will be specific focus on shoreline birds and their unique body parts (beaks, feet) which help them find food. For some students this will be their first time camping and they will learn how to set up tents and work together as a team to do so. Students will sleep in gender specific tents. D’Harris Tour Bus company will provide transportation which has been approved by BUSD Transportation department.  The cost of $25.00 per student is being paid through a grant.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

 
12.5. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        March 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. David R. Callahan Inspection, to provide project inspection services for CTE Project at Berkeley High School and Berkeley Adult School for the period from 4/4/18 – 6/30/18. The cost will not exceed $65,056. To be paid from Measure I. Requested by Timothy White.
  2. KW Engineering, to provide Prop 39 energy implementation for Facilities Department for the period from 3/28/18 – 6/30/18. The cost will not exceed $48,000. To be paid from Measure I. Requested by Timothy White.
  3. Increase in contract, PO 180740, to Bay Area Peacekeepers, to provide weekly support groups for BUSD students in need of behavioral support for the period from 9/6/17 – 6/30/18. The Board approved $30,000 on 9/13/17. The additional amount will increase the cost by $20,000 for a total amount of $55,000. To be paid from LCAP Supplemental 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.




 
12.6. 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:             March 18, 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. PG&E Dean Schmitz donated $500 to Rosa Parks School Principal’s Discretionary Fund.
  2. Berkeley Public School Fund donated $1,620 to Grant Berkeley Unified Schools Curved Black Board for 2 contractors (Grace Anderson Kavanaugh & Kara Miller).
  3. Orchard Supply Hardware donated $853.62 to Malcolm X School Principal’s Discretionary Fund.
  4. Wells Fargo donated $3,000 to Malcolm X School Principal’s Discretionary Fund.
  5. Berkeley High School Student Body Association donated $99,111.80 to AP/IB Exam fees.
  6. Berkeley Public Schools Fund donated $8,000 to Berkeley Unified School District to pay for teachers to participate in 17-18 Strategic Impact Grant 1-770 “Multiple Perspectives: An equity-focused 5th-12th Grade Math-Tech Collaboration” (requested by Allison Krasnow).
  7. Berkeley Public School Fund donated $3,150 to Grant Chromebooks for extended learning (Grant #1-003, Aaron Jorgensen)
  8. Total donation of $3,660, from multiple people to VAPA music program. Lili Tom $5, Michaela Parks $10, Maura Riordan $50, Jacques Bernou $50, Yessenia Rodriguez $25, Daniel Cukierman $20, Yoshi’s Japanese Restaurant $3,500.

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 $ 119,895.42 in donations.

 
12.7. Approval of Payroll Warrants Issued in February 2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

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

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,220,857.09, for February 2018 from various funds.

STAFF RECOMMENDATION: 
Approve payroll payments made in February 2018.

 
Attachments:
Payroll Warrants February 2018
12.8. Approve Listing of Warrants Issued in February 2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:        March 28, 2018
SUBJECT: Approve Listing of Warrants issued in February 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 February is attached for the Board’s review.

POLICY CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$3,465,453.85 for the month of February 2018 from various funds.  

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

 
Attachments:
February Bill Warrants Accounting Department
12.9. Approval of the Maintenance and Measure H Second Quarter FY 2018 Report
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT


TO: Donald Evans, Ed., Superintendent 

FROM:  Facilities Safety Maintenance and Oversight Committee (FSMOC)

DATE: March 28, 2018

SUBJECT: Maintenance and H Second Quarter FY 2018 Report


SUMMARY AND DISCUSSION

This report is an update of the Maintenance Department for the second quarter of the 2018 Fiscal Year.  The reporting period covers October 1, 2017 through December 31, 2017. The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved plans as we make progress on those goals.  


COMMUNICATION/REPORTING

The committee received the Measure H 2nd Interim Financial Update.


COMMITTEE MEMBER COMMENTS

Members of the Facilities Safety and Maintenance Oversight Committee support staff’s efforts to collaborate with District and City staff on safety, emergency and disaster preparedness priorities and encourage District staff to continue these efforts.  The members also appreciate the District’s commitment to creating a green and sustainable plan in schools for utility reduction and monitoring, and waste reduction.


MAINTENANCE

In late September, the evening shift returned to its school year plan of visiting schools as a group.  As of December 31, they have visited twenty sites.


There was 1 fire inspection during this period. We are addressing the issues identified.


The State elevator inspection department conducted twelve inspections during this period of which there were infractions for ten. The issues were addressed and we received notices of compliance and updated permits for ten. We have been notified by our elevator contractor that two of our wheel chair lifts are not repairable and need to be replaced.


TRAINING

On District-wide Staff Professional Development Day, staff completed annual Mandated Reporter training, as well as Lead & Asbestos Awareness & Abatement, Mold Awareness & Abatement, Hazardous Materials Handling, and Blood Borne Pathogens.

 

GROUNDS    

Fall is tree pruning season. Our crews are pruning all young trees.


Many of our fields are closed as needed during rainy days in order to protect them from damage.


VEHICLES AND EQUIPMENT

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


STAFFING

Manager

1.64 permanent

Supervisor

2 permanent

Administrative Coordinator

1.90 permanent

Facilities Analyst

0.25 permanent

Lead Maintenance Engineer

3 permanent

Security Engineer

1 permanent

Network Engineer

0.4 permanent

Maintenance Engineer

11 permanent, 1 vacancy

Telecommunications Specialist

1 permanent

Maintenance Technician

3 permanent

General Maintenance Worker

2 permanent

Lead Grounds Gardener

2 permanent

Irrigation Technician

1 permanent

Grounds Gardener

8 permanent

Vehicle Mechanic

0.45 permanent

Facilities Security Officer

1 permanent (0.5 FTE of two positions)

Total 40.64 FTE


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


BUDGET

The Measure H 2nd Interim Plan for FY 2018 will be presented to the Committee and the Board by mid-March.  There was a fairly large balance at the end of last year.


CUSTODIAL

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


All vacancies have been filled.


UTILITY REDUCTION AND MONITORING

The District has contracted with a local consultant to create a green and sustainable plan for the District. The plan will include utility reduction and monitoring. We have also contracted with a company to monitor and maintain our photovoltaic systems.  


PROPERTY MANAGEMENT

Staff processed 80 permits from October 1st to December 31st. The gross revenue received in this time period was $70,381.86.  


WASTE MANAGEMENT  

The District has contracted with a local consultant to create a green and sustainable plan for the District. The plan will include waste reduction and management.    


HAZARDOUS MATERIALS   

As our level of technology grows, so grows electronic waste within our schools. We are in the process of increasing pickups from once a quarter to once every six weeks.



COMMITTEE RECOMMENDATION:
Approve committee report. 



 
12.10. Approval to Confirm First Phase of Elementary School Kitchen/Cafeteria Modernization Projects at Washington, Cragmont and John Muir
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Timothy White, Director of Facilities
DATE: March 28, 2018
SUBJECT: Approval to Confirm First Phase of Elementary School   Kitchen/Cafeteria Modernization Projects at Washington, Cragmont and Muir

BACKGROUND:
The reallocation plan for Measure I was approved at the January 11, 2017 Board of Education Meeting which included a project budget of $12,425,000 for Cafeteria Food Service Expansions/Upgrades Project at five (5) sites: Washington, BAM, Malcolm, Emerson and Muir. Cragmont was proposed to be added to the project based upon review with Nutrition Services due to the very cramped and inefficient kitchen and serving areas.

A Request for Proposal for Architectural Services was issued on February 14, 2017. We received nine (9) proposals which were scored by facilities and staff.

On April 26, 2017 HY Architects was awarded a contract to provide an assessment and study of the six (6) kitchen and cafeteria sites.

A revised reallocation plan for Measure I was approved at the January 10, 2018 Board of Education meeting revising the project budget to $9,200,000.

HY Architects presented their assessment and recommendation report to the Facilities Subcommittee on January 31, 2018. The total construction cost to install all six (6) projects exceeded the budget. We recommend the District move forward with the first three (3) projects which have been identified as the projects with the most need: Washington, Cragmont and John Muir and a new stage curtain at Emerson. Staff expects to coordinate with Nutrition Services and sites to ensure minimal disruption.

FISCAL IMPACT:
None
 

RECOMMENDATION:
Approve first phase of elementary school kitchen/cafeteria modernization projects at Washington, Cragmont and John Muir.



 
12.11. Approve the Filing of the Notice of Exemption for the Berkeley High School Career Technical Education for Carpentry and Stagecraft in Room G112
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Timothy E. White, Executive Director of Facilities
DATE: March 28, 2018
SUBJECT: Approve the Filing of the Notice of Exemption for the Berkeley High School Career Technical Education for Carpentry and Stagecraft in room G112. 

BACKGROUND:

The project consists of: replacement of existing light fixtures with energy efficient lighting and other electrical modifications; replacement of air handling equipment with energy efficient system; installation of new exhaust fans, modification of existing HVAC ductwork; underground plumbing work; custom casework and millwork; refinishing the existing floor finishes; patch, repair and paint work; re-striping ADA parking stalls and update ADA parking stall sign; installation of both owner furnished and contractor furnished equipment; construction of infill walls and storefront systems.

This item will satisfy environmental review requirements under CEQA. Once the project is determined to be exempt, the project is no longer subject to either the procedural or substantive requirements of CEQA, and construction of the project can begin upon its approval. Upon Board approval, staff will file the Notice of Exemption with the Alameda County Clerk.

FISCAL IMPACT:
None

RECOMMENDATION:
Determine the Berkeley High School Career Technical Education for Carpentry and Stagecraft in room G112 is Categorically Exempt under CEQA and approve the filing of a Notice of Completion under CEQA.


 
Attachments:
CEQA Cat Ex Exemption
12.12. Approve Recommendation for Expenditure of BSEP Funds for Class Size Reduction and Support for Teaching in FY 2018-19
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Board of Education
FROM:            Pasquale Scuderi, Associate Superintendent for Educational Services
DATE:             March 28, 2018
SUBJECT:     Recommendation for Expenditure of BSEP Funds for Class Size Reduction and Support for Teaching in FY 2018-19

BACKGROUND INFORMATION:
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.”[1]

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for funds allocated for class size reduction and associated purposes are presented under the rubric of “High Quality Instruction and Support for Teaching.” The plans for expenditure of these funds in 2018-19 were reviewed and approved at regularly scheduled P&O meetings on February 27 and March 13, 2018. The summary for these plans, and associated appendices are provided with this document. 

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1) and Berkeley Public Schools Educational Excellence Act of 2006 (Measure A).

FISCAL IMPACT:
Expense to the BSEP Measure E1 Class Size Reduction fund in 2018-19 and transfer to the General Fund is projected to be $17,078,981, with another $1,012,784 based on indirect cost rate of 5.93%. Expense charged to the BSEP Measure A Class Size Reduction fund in 2018-19 is projected to be $119,400, with another $7,080 based on indirect cost rate of 5.93%.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for High Quality Instruction (Class Size Reduction and Teaching Support) for FY 2018-19.



[1] BSEP Measure E1 of 2016, Section 3.A


 
Attachments:
Appendix A
Appendix A2
Appendix B
Appendix C
12.13. Approval of Board of Education Meeting Minutes for February 7, 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
February 7, 2018

President Daniels called the meeting to order at 7:33pm He reported that the Board convened to Closed Session at 5:32pm.

Roll Call
Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – Present
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 

REPORT CLOSED SESSION

President Daniels reported out on closed session:

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 549569(b)) – Two Potential cases
The Board discussed the first potential case with counsel. No action was taken.

The Board did not discuss the second potential case.

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
The Board discussed this item. 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 gave direction to staff. No action taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA 

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

PUBLIC TESTIMONY
A total of 15 people addressed the Board:

Four comments in support of keeping the VP at MX.

Three comments on sexual harassment.

One comment on proposed budget cuts.

Three comments requesting support at Cragmont

One comment on the future of TK

Two comments in support of a permanent bilingual substitute at Le Conte

One comment on union negotiations and compensation for classified staff 

UNION COMMENTS
Berkeley Federation of Teachers (BFT) President Cathy Campbell commented on proposed budget cuts and priorities 

Berkeley Council of Classified Employees (BCCE) President Paula Phillips spoke on behalf of classified personnel requesting increase in compensation for BCCE members. 

Union of Berkeley Administrators (UBA) President Janet Levenson commented on proposed budget cuts and priorities. 

COMMITTEE COMMENTS
Charles Ribley provided a report of the district’s financial audit. He reported that there were no findings. 

BSEP Planning and Oversight Committee Co-Chair Bruce Simon highlighted the annual BSEP report for 2016-17 that will be presented tonight. 

Berkeley PTA Council Member Christine Staples commented on proposed budget cuts and priorities

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hemphill will hold office hours this Saturday. She announced that the Office of Family Engagement and Equity is sponsoring a black history oratorical fest on March 22 at Longfellow.

Director Leyva-Cutler reported that the county board of supervisors voted to put on the ballot an initiative in support of child development programs. 

Vice President Appel thanked all who came out tonight. She shared that she visited sites that she is a liaison to. She also shared that she attended the meeting with the county board of supervisors and gave testimony in support of initiative to fund $40 million into early childhood education.  

Superintendent Evans thanked the public for advocating for our schools and students.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Appel/Alper and unanimously approved 6-0.

Annual Report of Revenue and Expenditures in FY 2016-2017 of the Berkeley Public Schools Educational Excellence Act of 2006
Allotted time: 10 mins
Actual time: 10 mins 

Communications Director Natasha Beery reported on the programs that benefited from the BSEP Measure of 2006. Her presentation explained how BSEP and the General Fund complimented each other to support our educational programs during the life of the old measure as well as how they will continue to support programs within new current measure. 

Proposed Reductions and Budget Priorities for 2018-19 Base Grant (Unrestricted General Fund)
Allotted time: 60 mins
Actual time: 60 mins 

Associate Superintendent Pasquale Scuderi and Interim Assistant Superintendent of Business Services Pauline Follansbee presented budget cuts and priorities as proposed for the 2018-19 school year. They walked the viewing audience through some of the recommended changes since this item was last presented. Some of those changes included the removal of the vice principal at MX and dean of students at BHS, as well as the reduction of resource officers from 4FTE to 2FTE, from cut list. In summary, all of the proposed reductions on which consensus was reached translate into $1.4 million. Questions and discussion followed.

Before initiating Board discussion, President Daniels contextualized item by reminding viewing audience that while the Superintendent was directed to recommend $2.1 million in cuts, the committee was directed to make $1.8 million in recommended cuts, which explains why the Superintendent’s recommendation includes items not listed in the committee’s. The $300k difference was to gauge what additional reductions the Superintendent and staff would recommend in anticipation of the cuts that will be proposed for the following year.

First, Daniels noted that the Board has already approved $425k in reductions. Daniels then identified "consensus" cuts, those the SBAC and the Superintendent all agreed to cut. The Board agreed to all consensus cuts on the cut list with the exception of the proposed cuts to the Homeless Student Program and to the CTE program. 

Daniels next requested that the Board identify additional items that they would like to see removed from each of the categories as presented by staff. The Board agreed to place the following positions on the cut list:

  • 2 safety officers
  • roving custodian
  • behavioral specialist

The Board also agreed to:

  • a reduction in legal fees by $50,000
  • reducing consulting fees to $75,000

In total, the Board identified $1.6 million in solutions. This item will come back for action on February 21.

Approval to Issue Notice of Violation to REALM Charter High School
Allotted time: 30 min
Actual time: 27min 

Executive Director Victor Diaz opened up the item by providing some context. 

Assistant Superintendent Follansbee reported that REALM is finishing the fiscal year with a negative ending fund balance. She noted that, if the Notice of Violation was approved, REALM would have until April 11 to respond. In the meantime, BUSD will continue its fiscal oversight. Questions and discussion followed.

Motion to approve the Notice of Violation as drafted by staff:
Daniels/Alper and unanimously approved 6-0. 

EXTENDED PUBLIC COMMENT
One comment opposing relocation of TK.

One comment in support of keeping VP at MX.

One comment on complaint process.

Motion to extend meeting by five minutes:
Appel/Daniels and unanimously approved 6-0.

ADJOURNMENT
11:05pm





 
13. Update on Vote 16 Efforts - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:         Josh Daniels, Board President
DATE:           March 28, 2018
SUBJECT:      Lowering the Voting Age for Berkeley School Board elections to 16 years old

BACKGROUND INFORMATION: 
Measure Y1 was placed on the November 2016 ballot with the unanimous support of the Berkeley City Council and with the unanimous recommendation of the Berkeley School Board.

On November 8, 2016, over 68% of Berkeley voters approved Measure Y1, which amended the Berkeley City Charter to authorize the Berkeley City Council to adopt an ordinance granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the members of the Berkeley Unified School District Board of Directors.

Lowering the voting age for Berkeley School Board elections will increase voter turnout, give young adults the ability to truly influence the direction of their local schools, increase civic engagement among young adults, and provide a strong incentive to improve civics education.

In February 2017, the School Board directed to the Superintendent to identify and attempt to provide answers to the logistical, financial, legal, and policy issues to granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the members of the Berkeley Unified School District Board of Directors.

In anticipation of the implementation of Measure Y1, a number of Berkeley High School students involved in the campaign have turned their attention to pre-registering 16- and 17-year-olds to vote, which is currently permitted under state law. These students have collaborated with Berkeley High School administrators and the Berkeley Albany Emeryville League of Women Voters in these pre-registration efforts. The Berkeley High School students will present to the Board on their pre-registration efforts and other activities.

STAFF RECOMMENDATION:
Receive presentation from Berkeley High School students and provide direction to the Superintendent as the Board deems appropriate.

FISCAL IMPACT
None at this time.



 
Attachments:
Presentation
14. Le Conte School Renaming Update - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:          Donald Evans, Ed.D., Superintendent
DATE:            March 28, 2018
SUBJECT:     Le Conte School Renaming Update 

BACKGROUND INFORMATION:
Suggestions for renaming Le Conte Elementary School have totaled 220 submissions, representing 118 different school names. The names include 76 individuals, couples or families, representing people of many ethnicities and nationalities, some living, some from the past, including include writers, teachers/professors, community leaders, children, scientists, civil rights icons, artists, musicians, and public servants. There are also 42 name suggestions represent groups, places, phrases, or natural phenomena. Names were suggested to honor indigenous peoples, to connect to Berkeley or California history, to reflect the beauty of nature, or inspire achievement. The full list is appended to this report as Appendix A. The Naming Advisory Committee carefully reviewed all 118 school name suggestions, referring to board requirements and community criteria, to winnow the list to 20 top choices, also appended to this report with brief descriptions as Appendix B. Further meetings and discussion reduced the list to seven top possibilities, which were shared with the school community at a meeting on March 14, 2018 and are further described in Appendix C.

The "top seven" include two inspiring teachers: Ruth Acty, who was the trail-blazing first African-American teacher in the Berkeley Schools, teaching many subjects and over 7,000 children in her 50 year career, and denise brown, a beloved teacher and leader who taught at Berkeley High and began her career as a parent at LeConte. Two children and their families, known for pivotal roles in landmark school desegregation cases, were also chosen. One was a local girl named Mamie Tape, whose parents took the San Francisco Board of Education to court in 1885 over segregated schools for children of Chinese descent (Tape v. Hurley), and the other was Sylvia Mendez, whose parents fought in Southern California in 1947 against segregated schools for children of Mexican descent (Mendez v. Westminster). The committee also recommended consideration of Ohlone, or a similar word honoring the indigenous peoples of Berkeley; with the caveat that such a name would have to be chosen with consultation and approval of local Tribal representatives. The well-known labor activist, Dolores Huerta, one of the namesakes of the Chavez-Huerta annual commemoration, was also selected for further consideration. Along with all the names of people, the top seven include a suggestion that came from a Le Conte student, Arco Iris ("rainbow" in Spanish); it was a popular choice for many when shared at the 3/14 community meeting.

An outreach and engagement subcommittee of parents, teachers and librarian have put together educational materials for family and classroom discussions of school name choices. Many materials are linked to an online document at tinyurl.com/LC-name-info. Over the next four weeks, there will be a focus on two or three names each week, with summary discussions taking place the last week of April. The Naming Advisory Committee will meet in mid April and early May to review community input in order to provide a recommendation for the Superintendent to bring to the Board on May 23, 2018. 

STAFF RECOMMENDATION / QUESTIONS FOR THE BOARD
The Board is not being asked to discuss specific name choices at this point, as that could pre-empt the school community discussions that are planned for April; instead, please discuss and respond to the following questions:

  1. Does the Board have any clarifying questions about the process so far?
  2. Does the Board have any concerns or suggestions about the process for community discussions of the top choices?
  3. Currently the committee is anticipating providing a rationale for the top choice name, and is considering offering second and third choice options, and/or variations on names. In order to aid in its deliberations, what would the Board hope to see included in the 5/23 recommendation document, along with at least one top choice name?

POLICY/CODE:
BUSD Board Policy 7310 

RELATED PAST BOARD ITEMS

June 28, 2017             Petition to Review School Name

November 15, 2017     Board Decision to Change School Name

February 7, 2018         School Naming Process Update







 
Attachments:
Appendix A
Appendix B
Appendix C
Presentation
Top Seven Summaries
15. Solicit Answers to Trivia Question
16. First Reading of Policy Regarding Student Interviews by District Counsel - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Board of Education
FROM:           Policy Subcommittee
DATE:           March 28, 2018
SUBJECT: First Reading of Policy Regarding Interviews of Students by District Legal Counsel

BACKGROUND: 
In 2017, the Board directed the Policy Subcommittee to draft a policy regarding the interviews of students by the District’s legal counsel.  This policy does not address interviews of students by administrators or other District employees. 

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. 


 
Attachments:
Draft Policy re Student Interviews
17. Update on the Implementation of Next Generation Science Standards (NGSS) - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D, Superintendent
FROM:           Pasquale Scuderi, Assistant Superintendent, Ed Services
PRESENTERS: Deborah Lenz, K-8 Science Teacher Leader
Colleen Simon-O’Neil, Science Teacher Co-Leader, BHS
Glenn Wolkenfeld, Science Teacher Co-Leader, BHS
DATE:           March 28, 2018
SUBJECT:          Update on the Implementation of Next Generation Science Standards (NGSS) 

PURPOSE:    
Share current progress on the implementation of these standards with the Board and the community.

BACKGROUND INFORMATION:
The National Research Council, the National Science Teachers Association, the American Association for the Advancement of Science, and Achieve were the lead partners in the two-part process to develop the Next Generation Science Standards (NGSS) which were formally adopted in September of 2013 by the California Department of Education. The joint executive summary on the standards prepared by those partners summarized them as follows:

Never before has our world been so complex and science knowledge so critical to making sense of it all. When comprehending current events, choosing and using technology, or making informed decisions about one’s healthcare, science understanding is key. Science is also at the heart of the United States’ ability to continue to innovate, lead, and create the jobs of the future. All students—whether they become technicians in a hospital, workers in a high tech manufacturing facility, or Ph.D. researchers—must have a solid K–12 science education. 

This evening, alongside teacher leadership from K-8 and Berkeley High School, staff will briefly update the Board on this year’s progressive efforts to adapt and implement curriculum and instruction in alignment with standards. While significant progress has been made in these areas, tonight’s update hones in on those areas most in focus for this school year.

NEXT STEPS:
Receive the update.

FISCAL IMPACT:
$629,000 between school years 2015-2016 and 2018-2019.

RELATED PAST BOARD ITEMS:

March 23, 2016

February 22, 2017





 
Attachments:
Presentation
18. Update on Professional Development for Certificated Teachers - Discussion
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:           Pasquale Scuderi, Assistant Superintendent, Ed Services
PRESENTERS: Maggie Riddle, Director of K-8 Schools
Susanne Reed, Coordinator of K-8 Professional Development
Karen Zapata, Lead Teacher for Professional Development, BHS
DATE:           March 28, 2018
SUBJECT:          Update on Professional Development for Certificated Teachers

PURPOSE:        
Share overview of current work in professional learning for certificated  staff with the Board and the community. 

BACKGROUND INFORMATION:
Just as professionals in medicine, architecture, and law have opportunities to learn through examining case studies, developing or sustaining effective practices, or through focused and collaborative problem-solving, our District seeks to consistently create spaces for our teachers to do likewise. As we consider the work of our teachers every bit as challenging, intellectual, and sophisticated as the work performed in the aforementioned professions, we must consistently invest in the development of teachers’ capacities to meet the challenges and complexities they face daily in the pursuit of positive academic and social outcomes for our students.

Tonight’s presentation provides summative and overarching information on many of the District’s most current and substantial efforts in the area of teacher professional development. The accompanying presentation will  provide additional detail and examples of the efforts being undertaken at elementary, middle, and high school.

The information provided also shows how and where the current professional learning efforts align or connect to the District’s stated goals for the Local Control Accountability Plan (LCAP).

Goal 1: Provide high quality classroom instruction and curriculum that promote college and career readiness with academic interventions in place to eliminate barriers to student success.

Goal 2:  End the racial predictability of academic achievement by ensuring that all systems are culturally and linguistically responsive to the needs of our students.

Goal 3:  Ensure all school sites have safe, welcoming and inclusive climates for all students and their families, so that all students are in their classes ready to learn.  

NEXT STEPS:
Receive the update.

FISCAL IMPACT:
Approximately $1,069,590 in designated common core funding  for the 17-18 school year (not exclusive to areas highlighted tonight).

RELATED PAST BOARD ITEMS:

March 23, 2016

February 22, 2017

 
Attachments:
Presentation
19. Information Items
19.1. Measure H Financial Update (2nd Interim FY 2018)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent
FROM: Timothy White, Executive Director of Facilities
DATE: March 28, 2018
SUBJECT:    Measure H Financial Update (2nd Interim FY 2018)

SUMMARY AND DISCUSSION
This report is an update of the Maintenance Yearly Plan and Measure H expenditures from July 1, 2017 through January 31, 2018.  This document summarizes Measure H expenditures. This report does not separate encumbered (obligated) expenses from other planned expenses.  This report is not intended to be a comprehensive look at the activities in this fund; that more comprehensive look occurs annually. The first chart details the actual recorded expenses as of January 31, 2018 and the current projected expenses for the remainder of the Fiscal Year.   All expenses are consistent with previous reports and are based upon State defined object codes. As such, there are some expenses which may need to be clarified in the future, as the contract line includes not just contracts, but interfund charges as well.


TYPE OF EXPENSE

EXPENDED

PROJECTED

FY2018 EXPENSE


Sal/Ben

$ 2,274,878

$ 1,783,610

$ 4,058,488

Supplies

$ 232,642

$ 245,358

$ 478,000

Contracts

$ 549,586

$ 648,804

$ 1,198,390

Equipment

$ 109,712

$ 2,288

$ 112,000

Indirect/Direct Cost

0

$ 353,182

$353,182

TOTAL

$ 3,166,818

$ 3,033,242

$ 6,200,060

The next chart compares the projected expenditure recommendations in the 2018 Annual Plan with current projected expenses.

TYPE OF EXPENSE

BOARD PLAN

FY2018 CURRENT PROJECTED EXPENSE

VARIANCE

 

Sal/Ben

$ 4,017,502

$4,058,488

$ 40,986

Supplies

$ 484,000

$ 478,000

($ 6,000)

Contracts

$ 1,100,000

$1,198,390

$ 98,390

Equipment

$ 65,000

$ 112,000

$ 47,000

Indirect/Direct Cost

$337,000

$353,182

16,182

TOTAL

$6,003,502

$6,200,060

$196,558

MODIFICATIONS

EXPENDITURES

SALARIES AND BENEFITS

The projected expenditures for salaries, benefits and overtime is $40,986 more than the Annual Plan.  We had one full vacancy that has been vacant for the first half of the year.

The salary and benefits budget includes costs for the following list of permanent staff positions.  Please note that we list some jobs by functional area; we feel this provides the information in a more meaningful way.

POSITIONS CURRENTLY FILLED

  • One Maintenance Manager and a portion of the Operations Manager and the BHS Facilities Manager

  • Two supervisors

  • Three Lead Trades Workers

  • One Security Engineer

  • Twelve Maintenance Engineers (one position assigned to BHS)

  • Three Maintenance Technicians

  • Two General Maintenance Workers

  • Three Lead Gardeners

  • Eight Gardeners (one position assigned to BHS)

  • 1.90 FTE Administrative Coordinators

  • 0.25 FTE Facilities Analyst

  • One FTE Security Worker (two positions of 0.5 FTE each)

  • Fifteen Custodian II’s (5% of each salary)

  • Three 0.15 FTE Vehicle Mechanics

  • 0.4 Network Engineer

  • 1.0 Phone Technician

VACANT POSITIONS

  • None

SUPPLIES
The projected expenses for supplies are $6,000 less than the projections in the 2018 Annual Plan. We discussed this in the 1st Interim.  

CONTRACTED SERVICES
The planned expenditures for contracted services are $98,390 more than in the Annual Plan.

EQUIPMENT
The projected expenditures for maintenance equipment purchases are $47,000 more than the annual plan. We had to replace the fuel tanks on several of our natural gas vehicles unexpectedly. This was discussed at 1st interim.

INDIRECT/DIRECT COSTS
The indirect/direct costs are projected to be $16,182 more than planned.   

TOTAL EXPENDITURES
The changes detailed currently result in a $196,558 increase of projected expenses compared to the 2017-2018 Annual Plan.  

TOTAL REVENUE
The 2017-2018 Annual Plan revenue projection for Measure H is $6,016,592. The projected revenue from Measure H is $6,012,702, a difference of $3,890.

TOTAL REVENUE OVER EXPENDITURES
Projected revenue from Measure H for this Fiscal Year is $6,012,702. Expenses total $6,200,060 with expenses in excess of revenue of $187,358. The beginning fund balance is $1,251,683. The ending fund balance is projected to total $1,064,325.

POLICY/CODE:
None.

FISCAL IMPACT:
The projected ending fund balance in the Annual Plan for 2017-18 was $845,553. The projected ending fund balance for the Second Interim represents an increase of $218,772.

STAFF RECOMMENDATION:
Receive Financial Update on Measure H.

 
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: March 23, 2018, 6:54 PM

The resubmit was successful.