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Regular Meeting
Berkeley USD
April 11, 2018 5:30PM
1231 Addison Street, Berkeley, CA 94702

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

The Presiding Officer will call the meeting to order at 5:30 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 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

3. Closed Session
Quick Summary / Abstract:

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

3.1. Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9) – One (1) Potential Case
3.2. Parent/Student Challenge to Content of Pupil Records (Ed Code Section 49070(c))
3.3. Public Employee Discipline/Dismissal/Release (Government Code Section 54957)
3.4. Conference with Real Property Negotiators (Government Code Section 54956.8)
3.4.1. District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update
3.5. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of April 11, 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Because the answer can be found via internet search, the trivia question will not be published until the day of the Board meeting.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:       April 11, 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 04.11.18
Classified Personnel Report 04.11.18
12.2. Annual Declaration of Need for Fully-Qualified Educators
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          April 11, 2018
SUBJECT:    Annual Declaration of Need for Fully-Qualified Educators

BACKGROUND INFORMATION:
An annual declaration to the California Commission on Teacher Credentialing is required for those teachers whose assignments require emergency permits or limited assignment permits.  The Board of Education must certify that there are insufficient fully credentialed applicants for certain positions.  Based on previous years’ actual needs and projections of enrollment, the District must indicate the number of permits it estimates it will need for the following school year.

In cases where the District must employ teachers without the proper certification, the California Education Code and Title V Regulations provide the options for legal compliance.

The California Commission on Teacher Credentialing requires that this declaration be approved during a regularly scheduled public meeting, and that this declaration not appear as part of the consent calendar.

In light of the fact that teaching credential programs are graduating fewer teacher candidates, accompanied by increased staffing needs due to recent increased funding for school districts, the need for teachers who are not fully credentialed has increased.

POLICY/CODE:
Education Code Section 44225.7
Title V Regulation 80026

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Approve the projected permit needs as specified in the annual declaration.




 
Attachments:
Declaration of Need 2018-19 (Unsigned)
12.3. 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:            April 11, 2018
SUBJECT:    Approval of Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Yosemite Photography Retreat, Yosemite National Park, May 10-12, 2018
Approve participation of eighteen Berkeley High School Photography students, two teachers and two other adult on a three-day, two-night field trip to Half Dome Village (formerly Camp Curry), Yosemite National Park. The group will depart Berkeley High School at 8:30 a.m. on Thursday, May 10, and return at 10:00 p.m. on Saturday, May 12, 2018. Rental vans will transport their students to and from Yosemite driven by teachers Maria Kersey and Candiss Youngblood, and Parent Driver Forms, insurance information and copies of the CA Driver licenses have been provided. The purpose of the trip is to allow students to visit a national treasure and experience photographing the landscape. The group will also tour the Ansel Adams Museum. During our stay students will reside in gender-specific tents at Half Dome Village. Students will pay for their own food from restaurants and the cafeteria in the village. The cost of $30.00 per student is being paid by donations, grants and parent donations. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal

Petaluma Adobe Historic State Park, Petaluma, CA, May 24-25, 2018
Approve participation of 27 fourth grade students, one teacher and 10 other adults from Cragmont Elementary School on a two-day, one-night field trip to Petaluma Adobe Historic State Park and Sonoma Mission. The group will depart Cragmont Elementary at 9:00 a.m. on Thursday, May 24, and return at 2:00 p.m. on Friday, May 25, 2018. Students will participate in a living history program, experiencing examples of life and activities from the California Rancho Period. BUSD will provide transportation.  Students will sleep in supervised, gender-specific areas in the Fandango Room. The $1,500 cost for this trip is being paid from a Berkeley Public Schools Fund grant. No student will be denied access based on inability to pay. Requested by Michelle Sinclair, Cragmont 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.


 
12.4. Approval of Out-of-State Travel Request
Rationale:

Berkeley Unified School District

TO:     Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         April 11, 2018
SUBJECT:  Out-of-State Travel Request

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

The Dougy Center’s International Summer Institute, Portland, OR, July 23-27, 2018
Approval for Katherine Sherwood, Martin Luther King, Jr. Middle School Counselor, to attend the Dougy Center’s International Summer Institute in Portland, OR, July 23 to 27, 2018.  This conference will allow Katherine Sherwood to gain understanding about the needs of grieving children, teens and their families and develop skills in reflection, awareness, communication and group facilitation.  The travel and conference cost is approximately $2,494.57. Federal Title 1 funds will pay for $1,463.00, and Katherine Sherwood will pay $1,031.57 out of pocket.

Youth Mental Health First Aid Instructor Training, Seattle, WA, June 11-15, 2018

Approval for Vivian Wiggins, Student Assessment Specialist, and Nasha Emam, Berkeley High School Counselor, to attend the Youth Mental Health First Aid Instructor Training from June 11, 2018, to June 15, 2018, in Seattle, WA.  This five-day, four-night training will enable Vivian and Nasha to train BUSD staff in a 5-step action plan for how to help young people in both crisis and non-crisis situations. 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.  The travel and conference cost is approximately $9,625 and will be paid by a Youth Mental Health First Aid federal grant.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION
Approve the out-of-state travel consistent with District policies and instructional programs





 
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:        April 11, 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. Grossman Design to provide inspection services for LeConte Elementary School Roof Replacement Project for the 2017/18 and 2018/19 FY. The cost will not exceed $31,050. To be paid from Measure I. Requested by Timothy White.
  2. Crown Moving to provide moving services for Career Technology Education Project at Berkeley High School for the 2017/18 and 2018/19 FY. The cost will not exceed $18,239.25. To be paid from Measure I. Requested by Timothy White.
  3. Increase in contract, PO 180879, to Child Therapy Institute, to provide counseling and mental health services for Berkeley Arts Magnet Elementary for the period from 8/29/17 – 6/15/18. The Board approved $16,000 on 9/27/17. The additional amount will increase the cost by $12,000 for a total amount of $28,000. To be paid from BSEP Fund and Restricted Donations. Requested by Natasha Beery.
  4. Increase in contract, PO#180203, to Dinelli Plumbing, to provide additional services for the Maintenance Department for the period from 7/1/17 – 6/30/18. The Board approved $55,000 on 3/14/17. The additional amount will increase the cost by $15,000 for a total amount of $70,000. To be paid from Measure H. Requested by Steve Collins.
  5. Increase in contract amount, PO181524, to Lisa Warhuus, to provide consulting services for after-school and summer school programs. The original amount of $9,800 was issued on 1/25/18. The additional amount requested is $5,000 for a total amount of $14,800. To be paid from LCAP Supplemental Fund. Requested by Patricia Saddler.
  6. Bay Area Community Resources, to provide behavioral health services to Jefferson Elementary for the period from 11/1/ 2017 – 6/15/2018. The cost will not exceed $13,000 to be paid from PTA and the City of Berkeley. Requested by Mary Cazden.

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 Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D, Superintendent
FROM:            Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:             April 11, 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. California Community Foundation donated $1,000 to Malcolm X School Principal’s Discretionary Fund.
  2. Lifetouch National School Studios donated $230.40 to LeConte School Principal’s Discretionary Fund.
  3. Bright Funds Foundation, Demet Yalcin donated $300 to Rosa Parks Principal’s Discretionary Fund.
  4. Berkeley Public Schools Fund donated $1,145 to Grant Chromebooks for King MS Learning Labs.
  5. Berkeley Public Schools Fund donated $1,459 to Grant Life Skills and Job Training for BHS Homebase.
  6. Berkeley Public Schools Fund donated $953.64 to NGSS Creek Science to pay employee Maya Carson for 54 hours of work in February 2018.

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 $5,088.04 in donations.


 
12.7. Approval of Master Contracts for Nonpublic School for the 2017-2018 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:         Lisa Graham, Director, Special Education
DATE:          April 11, 2018
SUBJECT:     Approval of Master Contracts for Nonpublic School for the 2017-2018 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

Nonpublic Schools

# of Students

Estimated Total Cost

Wellspring Educational Services, Inc.

1

$88,324



Total

1

$88,324

POLICY/CODE:
Education Code 39800
Board Policy 3310        

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $88,324 funded from the Special Education Budget.

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



 
12.8. Approval of Memorandum of Understanding with County of Alameda Health Care Services Agency for the 2017-18 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           April 11, 2018
SUBJECT:     Approval of Memorandum of Understanding with County of Alameda Health Care Services Agency for the 2017-18 School Year 

BACKGROUND INFORMATION:
The District contracts with the County of Alameda Health Care Services Agency, Behavioral Health Care Services (BHCS), with respect to the provision of Educationally Related Mental Health Services (ERMHS) under the Individuals with Disabilities Education Act. BHCS will provide ERMHS to students with disabilities, as requested by the District, including assessment, assessment reports, consultation and IEP attendance, individual, group, and family therapy, crisis intervention, collateral therapy and case management and shall bill the District.

County of Alameda

Behavioral Health Care Services

Estimated Total Cost



102 BUSD Students

$640,615



POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $721,500 funded from the Special Education Budget

STAFF RECOMMENDATION:
Approve the MOU for the County of Alameda Health Care Services.


 
12.9. Approve a Contract with Mar Con Builders, Inc. as a General Contractor for the Berkeley High School and Berkeley Adult School Career Technical Education Projects and Approve Resolution 18-024
Quick Summary / Abstract:


Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:    School Board
FROM:            Donald Evans, Ed.D., Superintendent
DATE:            April 11, 2018
SUBJECT:    Approval of a Contract with Mar Con Builders, Inc. as a General Contractor for the Berkeley High School and Berkeley Adult School Career Technical Education Projects and Approve Resolution 18-024

BACKGROUND:
The Berkeley High School (“BHS”) and Berkeley Adult School (“BAS”) Career Technical Education (“CTE”) projects are the first major facilities renovations to support the District’s growing CTE programs.  The BHS project will renovate, reconfigure and outfit the original auto shop and current art rooms at the south end of the G Building to create a Stagecraft program classroom, shops, and support spaces.  The BAS project will convert a classroom on the east end of the main classroom wing into an Electronic Technology Lab.  The designs for renovating and equipping the spaces have been developed by SVA Architects working closely with the District’s Career Technical Education department and industry partners.

The Berkeley High School and Berkeley Adult School Career Technical Education Projects have completed a competitive bidding process.  The projects were publicly advertised on February 2 and 9.  A mandatory pre-bid site walk occurred on February 21st where 12 contractors and subcontractors attended.  Prime contractors and mechanical, electrical and plumbing subcontractors were prequalified to bid on this project.  Bids were publicly opened on April 4, 2018.  There are bid items as noted below for each site and for Bid Alternates including Contractor Furnished and installed equipment and limited work at the BHS G 306 Biotech Classroom.  The basis of award is the Total Bid Price: sum of both base bids + both alternates.  The bid tabulation is as follow

Contractor

Base Bid BHS

Base Bid BAS

Alt 1: Equipment

Alt: 2 G306 Biotech

Total Bid

1. Mar Con Builders , Inc.

$1,570,000

$525,000

185,900

$93,000

$2,373,900

 

The lowest responsive, responsible bidder is $2,373,900.  The lowest bid is within the District’s budget for this project.

Because of the critical timelines to complete these projects prior to the opening of school in August, this recommendation for award is being prepared prior to the expiration of the 3-day Bid Protest period as set forth in the project manual.  In the event that the District receives a Bid Protest that is not resolved prior to the April 11th Board date, this item will need to be removed from consideration and scheduled for the next available meeting date. 

RECOMMENDATION:
Award a contract for construction to  Mar Con Builders for the Berkeley High School and Berkeley Adult School Career Technical Education Projects and approve resolution 18-024.

FISCAL IMPACT: 
Cost of award by this action: $2,373,900 to be paid from Measure I bond funds. This cost is contained within the CTE – Career Technical Education Facilities Budget.             


 
Attachments:
Resolution 18-024
12.10. Approval to Determine if Multiple Projects are Categorically Exempt under CEQA and to File Notices of Exemption
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Executive Director of Facilities    
DATE:          April 11, 2018
SUBJECT:      Approval to Determine if Multiple Projects are Categorically Exempt under CEQA and to File Notices of Exemption

BACKGROUND:
The following projects will each have a separate Notice of Exemption filed with the county:

  1. Berkeley High School Field Turf Replacement Project
  2. Career Technology Education at Berkeley Adult School – Electronic Technology
  3. King Auditorium Seat Refurbishment and Projection System Project
  4. King Middle School Tennis Court Renovation Project
  5. LeConte Elementary School – Roof Replacement Project
  6. Longfellow Middle School Makerspace Project

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

RECOMMENDATION:
Approve the determination that Multiple Projects are Categorically Exempt under CEQA and the filing of Notices of Exemption under CEQA.

FISCAL IMPACT: 
None







 
Attachments:
CEQA Cat Ex Exemptions
12.11. Approval of Board Policy Regarding Student Interviews by District Counsel
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Board of Education
FROM:           Policy Subcommittee
DATE:           April 11, 2018
SUBJECT: Approval of Board 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. 

The Board discussed the policy at its March 14, 2018 meeting. Although some questions came up, there were not changes requested by a majority of the Board.

The policy is presented tonight for approval. 

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

COMMITTEE RECOMMENDATION:
Approve BP regarding student interviews by District counsel. 

 
Attachments:
Policy re Student Interviews
12.12. Approval of Board of Education Meeting Minutes for February 21, 2018
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206 
Official Minutes
February 21, 2018 

President Daniels called the meeting to order at 7:30pm. He reported that there was no closed session.

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
No closed session was held.  

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
Motion to approve agenda:
Alper/Hemphill and unanimously approved 6-0.

PUBLIC TESTIMONY
A total of 17 people addressed the Board:

One comment in support of removing the dean of attendance and safety officers from the cut list. 

Two comments advocating for a permanent bilingual substitute teacher

Two comments advocating for additional support at Cragmont

One comment in support of keeping the VP at MX

Four comments advocating for the lifelong program at BAS

One comment thanking the Board for its support of the TO bilingual program

Four comments in support of keeping all safety officers at BHS

One comment requesting an expedited teacher hiring timeline. 

One comment in support of TK classes remaining where they are currently.

UNION COMMENTS
President of the Berkeley Council of Classified Employees (BCCE) Paula Phillips urged the Board to not cut any safety officer positions.

President of the Berkeley Federation of Teachers (BFT) Cathy Campbell urged the Board not to make any cuts to school sites.  

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler thanked the seniors who came out in support of the long life program at BAS. 

Director Nagarajan-Swenson spoke in support of the lock down drills at BHS and stressed the importance of being prepared.

Vice President Appel thanked all who came out to speak. She called for a moment of silence in light of the violence our nation is experiencing. She announced that there will be a 17-minute walk out on March 14, one minute for each life lost in the Parkland shooting.

Director Hemphill thanked staff for making difficult decisions with respect to budget cuts. She reported that the facilities subcommittee will be presenting safety plans for schools for the safety of our student. This proposal will be brought before the Board on Feb. 28. She suggested adopting a resolution in support of gun control.

President Daniels recalled the fear that permeated BHS caused by the Columbine shooting while he was a senior at BHS. He added that while Berkeley is a place of few gun shootings, there are countless of people who are affected by gun violence. He thanked the students in Florida who are using this tragedy to effect change.

Superintendent Evans also thanked the public for coming out tonight. He said that our students’ safety is of paramount importance. It is tragedies such as the one in Florida that bring our work home. He thanked Student Director Nagarajan-Swenson for her presence on the Board as she is a reminder of why we do the kind of work that we do.

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

Decisions on Proposed Ongoing Base Grant/General Fund Budget Reductions for 18-19 – Action
Allotted time: 45 min
Actual time: 86 min

Associate Superintendent Pasquale Scuderi and Interim Assistant Superintendent of Business Services Pauline Follansbee presented remaining considerations for reductions. When this item was last presented, the Board agreed on $1.6 million in solutions, leaving them with $200k of additional reductions to make in order to meet the $1.8 million cut target.

Daniels directed the Board to express their stance on and propose any additional reductions.

Individual Board members proposed various reductions and the Board discussed each proposal.

Eventually, Hemphill moved to close discussion on this item approximately $15,000 away from the $1.8 million cut target. Motion seconded by Appel. Motion passed on a 5-1 vote:
Josh Daniels, President – No
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director – Yes
Uma Nagarajan-Swenson, Student Director, BHS – Yes

Alper moved and Hemphill seconded, motion to approve the following list of solutions:

The Board agreed to:

  • Reduce contribution to the child development fund from the General Fund by $127,404
  • Consolidate BTA and BIS Administration for a reduction of $127,347
  • Reduce 1.0FTE counselor at BTA for $102,000
  • Reduce 1.0FTE safety officer position at BTA for $67,500
  • Reduce the peer assistance and review budget for $18,000
  • Reduce homeless budget by $50,000
  • Reduce GATE program budget by $15,000
  • Reduce BHS graduation budget by $15,000
  • Reduce transportation repairs and supplies budget by $75,000
  • Reduce central office supplies budget by $45,000
  • Downgrade Director of Student Services position to Manager of Student Services for a savings of $25,000
  • Reduce .4 FTE TSA at DO for $39,494
  • Reduce .4 FTE TSA at BHS for $39,464
  • Electricity savings of $60,000
  • Transfer $489,000 from the General Fund to BSEP
  • Reduce roving custodian position for a savings of $68,000
  • Reduce legal costs by $75,000
  • Reduce consulting fees by $100,000
  • Reduce 2.0FTE safety officer positions for $135,000 in savings
  • Reduce .6 FTE behavioral specialist position for $162,000 in savings
  • Relocate TK classes to K-5 sites by 2021 for $50,000 in savings

For an amount of $1,785,209 in solutions.

Unanimously approved 6-0.

Daniels closed this item by thanking the Superintendent and staff for their work. He noted that this is a process that exemplified good governance.

Consideration of New Ongoing Expenditures
President Daniels explained that consideration of new ongoing expenditures would happen assuming the Board desired to propose new ongoing reductions. Given that this is not the case, he proposed tabling this item, and revisiting it to the extent that there is revenue resulting from P-2 or part of the May revise.

Daniels moved to table this item until April 25 after P-2 (when we recognize our attendance numbers).

Motion to extend meeting to 11:45pm:
Appel/Daniels and unanimously approved 6-0.

Hemphill amended Daniels’ motion requesting that this item return before the Board before April 25.

Appel further amended motion to table this to the first meeting in April when we can once again look at all items for discussion followed by potential action on the second meeting in April.

Daniels moved to table this item until April 25 preceded by a discussion on a date to be determined by the Superintendent, President and Vice President. Motion seconded by Appel. Motion passed without objection on a 6-0 vote.

Proposed Re-assigning og General Fund costs to BSEP

President Daniels explained that the Board has agreed to transfer $489,000 from the General Fund to the BSEP fund. This is an opportunity for the Board to weigh in on what the P&O is considering to transfer. 

Associate Superintendent Scuderi added the focus is on items that support high quality instruction. He provided an overview of the proposed positions to transfer to BSEP and the possible programmatic reductions that might be made a result. Questions and discussion followed. A majority of the Board did not express concerns regarding the possible the programmatic reductions that might be made a result.

ADJOURNMENT
11:40pm




 
Financial Impact:


13. Update: Development of Restorative Practices and Restorative Justice in BUSD - Discussion (45 min)
Quick Summary / Abstract:


Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Donald Evans, Ed.D., Superintendent
FROM:  Pasquale Scuderi, Associate Superintendent
PRESENTERS:  Pasquale Scuderi, Associate Superintendent
DATE:  April 11, 2017
SUBJECT:  Update: Development of Restorative Practices and Restorative Justice in BUSD

PURPOSE:
Inform the Board of the status of developing systems and existing resources supporting restorative justice and restorative practices in BUSD.

BACKGROUND:
Berkeley’s education community recognizes the need to continuously foster positive and healthy school climates. Within those pursuits staff recognizes the critical need to develop practices and strategies that shift traditional punishment and discipline paradigms to processes that allow for a deeper, truer, and more mutual understanding of community expectations and, moreover, to rethink how harm is repaired and how conflict is mediated and resolved when it impacts the school community and its members.

This evening’s presentation aims to share current, ongoing, and developing components of the district-wide effort to infuse restorative practices into our schools.The presentation will review work previously done by committees, as well as the work of staff and programs currently doing work in this area.

Additionally, the presentation will share the latest perspectives to emerge from a full-day visioning and planning retreat on February 22 with a large staff collective that included administrators, safety officers, counselors, union representatives, and district staff.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report and provide additional direction.

NEXT STEPS:
Complete the schedule for ongoing committee work and make additional resource requests to the Board in next fall’s budget development cycle.  

FISCAL IMPACT:
TBD  

RELATED PAST BOARD ITEMS:
5/4/2016 - Item 21.1

 
Attachments:
Presentation
14. Public Hearing for REALM Charter School's Request for Material Revision (Time Certain: 9pm) - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                    Board of Education
FROM:                  Pauline Follansbee, Interim Assistant Superintendent
PRESENTER:    Pauline Follansbee, Interim Assistant Superintendent
DATE:                  April 11, 2018
SUBJECT:            Public Hearing of the Material Revision of REALM High School

PURPOSE:
To hold a public hearing regarding the Material Revision of REALM High School

BACKGROUND:
On June 9, 2010, the Board granted two petitions to form two separate schools, REALM High School and REALM Middle School, for five-year terms.  On December 9, 2015, the Board granted a request to renew both REALM charters for an additional five-year terms, starting July 1, 2016 and ending June 30, 2021.

On February 23, 2018, REALM submitted a request for a material revision to the REALM High School charter, which seeks to consolidate the two schools by adding the Middle School program to the existing High School charter, thereby creating a combined REALM Charter School serving grades 6-12, under a single charter petition.

Legal counsel recommends the Board hold a public hearing within 60 days of the receipt of request for a material revision. The item will begin with staff presenting a summary that introduces the material revision for 10 minutes. A representative from REALM High School will then be provided 10 minutes to make a presentation. This will be followed by public comment for 15 minutes.The agenda will conclude with procedural and clarifying questions from the Board. District staff will not present an analysis of the material revision or a recommendation.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Does the Board have any clarifying or procedural questions for staff regarding the material revision to the REALM High School charter?

NEXT STEPS:
A special board meeting is scheduled to be held on Tuesday, April 17, 2018, from 4pm to 5pm at which time staff’s substantive analysis of the material revision will be presented. The Board will consider whether to approve the material revision at the meeting. The Board’s decision is final. REALM High School does not have the right of appeal to the County Board or the State Board of Education. The material revision will be evaluated under the criteria set forth in the Education Code.

Education Code section 47607(a)(1) requires that “[a] material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter.”  Education Code section 47607(a)(2) states that “[r]enewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed.”

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:
11/04/15-12.1. Charter Petition Renewals for REALM Middle School and REALM High School 

ATTACHMENTS:
Attached are REALM High School’s material revision, their budget, and a presentation that briefly summarizes the material revision.


 
Attachments:
REALM HS Material Revision Petition
REALM Material Revision Budget
REALM material revision presentation
REALM's Presentation
15. Solicit Answers to Trivia Question
16. Continued Discussion on Recommended Ongoing and One-Time Budget Proposals for 2018-2019 from Base Grant (Unrestricted General Funding) - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed.D., Superintendent
PRESENTERS:   Pauline Follansbee, Interim Assistant Superintendent, Business Services
Pasquale Scuderi, Associate Superintendent, Educational Services
DATE: April 11, 2018
SUBJECT: Continued Discussion on  Recommended Ongoing and One-Time Budget Proposals for 2018-2019 from Base Grant (Unrestricted General Funding)

PURPOSE:
Additional discussion with the Board on a current list of proposals for ongoing and one-time funding for 2018-2019; a first reading of these proposals took place on January 24 with a second discussion on February 7. Decisions are scheduled for the April 25 Board meeting.

BACKGROUND INFORMATION:
Each year the Superintendent brings forward a list of current and competing priorities for funding through the base grant/general fund, and seeks direction from the Board of Education for items on that list that the Board is in interested in funding, or not funding, for the subsequent school year. These priorities are considered in two categories: those that represent ongoing commitments and expenditures, and those that are proposed for funding on a one-time or limited-term basis.

This year, BUSD faced the added complexity of needing to reduce base grant/general fund expenses district-wide by approximately 1.8 million dollars, and the Board gave direction on those reductions on February 21, 2018, after a protracted process that included at least seven public stakeholder meetings and three Board meetings over the course of the preceding year.

Tonight we resume a focused discussion on a limited amount of proposals for ongoing funding as well as one-time and limited-term expenditures for 2018-2019.

The Board was originally presented with this list of proposals at their January 24 meeting and will continue to discuss and consider these proposals tonight with decisions scheduled for the April 25, 2018 Board meeting.

Tonight's total for proposed one-time expenditures is increased by $25,000 over the $2,033,745 discussed on February 21, as staff has requested an additional one-time $25,000 for a fund to support the 50th anniversary of the African-American Studies Department at Berkeley High School in the 18-19 school year. These funds will support study trips, guest speakers, multiple community activities, and additional learning materials in conjunction with the anniversary. 

QUESTIONS FOR THE BOARD:

  1. What additional questions do you have about the proposed ongoing expenditures? What other reductions do you support?

  2. What additional questions do you have about the proposed one-time and limited-term proposals?

  3. Which one-time and ongoing items can you commit to supporting tonight?

NEXT STEPS:
Receive additional questions from the Board in order to refine or amend the proposals for the April 25 meeting.

FISCAL IMPACT:
Forthcoming decisions will involve each of the following areas:

  • Proposed additional ongoing expenditures of $222K

  • Proposed one-time/limited term expenditures of $2,058,745 

Details can be found in the attached documents.

ATTACHMENTS:

Attachment 1: Budget Proposals and Priorities Overview (Slides)

Attachment 2: Proposal Details

LINKS TO PREVIOUS DISCUSSIONS:

JANUARY 24

FEBRUARY 7

FEBRUARY 21








 
Attachments:
Budget Priorities Detail Sheet 2018-19
CCSS Budget 18-19
Presentation (Revised)
17. 2018 Quarter 1 School Board Self-Reflection - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:       Josh Daniels, President of the Berkeley School Board
DATE:             April 11, 2018
SUBJECT:    Quarter 1 Board Self-Reflection

BACKGROUND:
With one quarter of 2018 completed, it is an appropriate time for the Board to reflect on how the first three months have gone, particularly as it relates to how the Board has spent its time and on what the Board has focused its attention.

The Board held a planning retreat for 2018 on January 6, 2018. At that meeting, the Board identified three main priorities: budget reductions, special education, and secondary offerings (e.g., U9 at BHS, CTE, restructuring of BTA/BIS administration).  Additionally, the Board discussed (i) changes to the format of Board meetings, new Board agenda item templates, and new Board presentation formats and (ii) Board member roles and responsibilities.

The Board has held seven regular meetings so far in 2018: January 10 and 24; February 7, 21, and 28; and March 14 and 28. Outside of the regular items (e.g., public comment, consent items, the trivia question, etc.), there were 31 individual agenda items that combined lasted 841 minutes. The breakdown of these minutes it as follows:

Topic

Minutes

Percentage




Priorities



Budget Reductions

349

41%

Secondary Offerings

65

8%

Special Education

47

6%

Priorities Subtotal

461

55%




Other Items



Instruction

99

12%

Facilities

74

9%

Policy

42

5%

Student Services

25

3%

HR and Negotiations

29

3%

Miscellaneous (BSEP Non-Budget, Charter, etc.)

111

13%

Other Items Subtotal

380

45%

RECOMMENDATION:
Each Board member and the Superintendent should be prepared to respond to the following questions:

  • Has the Board appropriately spent its time/attention?
  • Are the new/modified Board responsibilities still appropriate/necessary?
  • What is one thing from the past three months that the Board should maintain?
  • What is one thing from the past three months that the Board should change?

FISCAL IMPACT:
No fiscal impact.

RELATED PAST BOARD ITEMS:
2018 Board Retreat Agenda

 
Attachments:
Q1 Board Self-Reflection
18. Public Hearing for and Approval of Initial Proposals for Successor Agreement Between the District and the Berkeley Council of Classified Employees (BCCE) (Time Certain: 10pm) - Action (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         April 11, 2018
SUBJECT:   Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Council of Classified Employees (BCCE)

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations.  As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted.  The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Berkeley Council of Classified Employees (BCCE) and the District for a successor agreement between the District and BCCE for the collective bargaining agreement expiring June 30, 2018.  This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

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

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.

 
Attachments:
BCCE’s Initial Proposal to District for a Successor Agreement
District’s Initial Proposal to BCCE for a Successor Agreement
19. Information Items
19.1. Quarterly Report of the Number of Students Referred for Expulsion (Q3)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D., Superintendent
FROM:   Tammy Rose, Interim Manager, Student Services
Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:    April 11, 2018
SUBJECT: Quarterly Report of the Number of Students Referred for Expulsion       

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

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

Quarter 3: January 30- March 30

The number of recommendations for expulsion during quarter 3: (2)

Recommendation outcomes: Alternative Resolution Plan (Berkeley High).

*Pending alternative resolution plan.

*Elementary School

1

Berkeley High School

1

The number of students who were referred for expulsion this school year: (1)

The number of students serving a suspension longer than five days during quarter 3: (3)

Berkeley High School

1

Martin Luther King Junior Middle School

2

The number of students currently serving a suspended expulsion: ( 2)

Berkeley High School

2

The number of students currently serving an expulsion: (1)

*Expelled during the 2016-2017 school year

Berkeley High School

*1

Expelled student demographic data:  

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

POLICY/CODE:
Board Policy 5144.3

FISCAL IMPACT:
None

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




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

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

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

Published: April 6, 2018, 1:50 PM

The resubmit was successful.