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Regular Meeting
Berkeley USD
May 30, 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. Request for Record Expungement (Ed Code 48917(c)/48918)
3.2. Public Employee Discipline/Dismissal/Release (Government Code Section 54957)
3.2.1. Employee ID No. 12037
3.3. Public Employment (Government Code Section 54957)
3.3.1. Superintendent
3.4. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
3.5. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BFT Negotiations
3.6. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) Local 21 Negotiations
3.7. Superintendent’s Evaluation (Government Code Section 54957)
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of May 30, 2018
6. Report on Closed Session
7. Trivia Question
Rationale:
Because the answer can be found via internet search, the trivia question will onot be published until the night 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:       May 30, 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 05.30.18
Classified Personnel Report 05.30.18
12.2. Approval of One Percent (1%) One Time Bonus for Executive Cabinet
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              School Board Directors
FROM:        Donald Evans, Ed. D., Superintendent
DATE:         May 30, 2018
SUBJECT:  Approval of One Percent (1%) One Time Bonus for Executive Cabinet

BACKGROUND INFORMATION
In 2017/18, the Board approved a 1% one-time bonus for all employees of Berkeley Unified School District except Executive Cabinet. 

In recognition of services and the cost of living, I’m requesting a 1% One Time Bonus for Executive Cabinet for the 2017/18 School Year.

Executive Cabinet includes Associate Superintendent of Education Services, Assistant Superintendent of Human Resources, Superintendent of Business Services and the Superintendent.  During the 2017/18 School Year, the Deputy Superintendent of Business Services worked 2/12th of the year, the Executive Director of Facilities worked 9/12th of the year, and the Interim Assistant Superintendent for Business Services worked 10/12th of the year. These individuals would receive a prorated share of any one-time bonus. 

FISCAL IMPACT:
$9,337.52

RECOMMENDATION:
Approve of One Percent (1%) One Time Bonus for Executive Cabinet.





 
12.3. Approval of New BHS Course: Latinx Americans in US History
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Pasquale Scuderi, Associate Superintendent
FROM:        Erin Schweng, Principal, Berkeley High School
DATE:        May 30, 2018
SUBJECT: Approval of New Course at BHS:  Latinx Americans in US History

BACKGROUND INFORMATION:
Berkeley High School is requesting Board approval for a year-long course entitled Latinx Americans in US History.  This course has been submitted and approved by UCOP as an “a” History credit course for School Year 2018-19.

The purpose of this course is to give students an opportunity to examine the complex history that goes into making the current Latinx/Chicanx identity. In order to understand the present, a thorough investigation into the past will help students have a deeper understanding of the long, rich, history of the Latinx diaspora in US History.

The curriculum seeks to provide students with the tools to investigate the history of the United States through the lens of Latinx Americans, their contributions, their experience, and their resistance. This class will teach historical thinking skills in order to allow students to analyze history themselves. The course will begin with pre-colonial societies in the Americas, specifically focusing on California and the American Southwest. The course will then chronologically as well as thematically cover the long and complex history of the United States specifically in relation to Mexico and Latin America. Some themes and specific historical events that will be investigated are the Mexican American War, Immigration and Citizenship, The Great Depression, Braceros and Operation Wetback, and the Chicano Rights Movement. The class will end with a unit exploring current issues for Latinx Americans and the diaspora.

Students at Berkeley High have been able to take African American History for many years now, and recently were given the option of a Chicano Latino Literature Studies class. Now they will have the option of taking a comprehensive history course on the contributions and unique history of Latinx Americans, which make up a growing population of California and thus an integral part of our country. The re-emergence of anti-Latinx sentiments in the United States require a historical understanding and investigation, and our Latinx students especially will gain essential knowledge on the resistance movements of the past.

As stated above, the course has been submitted and approved as “a” History credit by UCOP.

POLICY/CODE:
Ed Code 51054
Board Policy 6141

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Latinx Americans in US History as a year-long course to be taught as a “a” History elective in the 2018-19 school year.



 
12.4. Approval of New CTE Course: Entertainment Technician 1 “Stagehand”
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Dr. Donald Evans, Superintendent
FROM:          Wyn Skeels, CTE Program Supervisor
DATE:             May 30, 2018
SUBJECT:      Approval of New CTE Course: Entertainment Technician 1 “Stagehand”

Berkeley High School and the Career Technical Education Program are requesting approval of a new course. Entertainment Technician 1, “Stagehand.”

This will be the first course in the Production and Managerial Arts Pathway. 

BACKGROUND INFORMATION:
The Entertainment Technician course  introduces and develops students in four departments of entertainment  technician expertise; Rigging, Carpentry, Lighting and Audio-Video. The course concentrates on fundamental  and advanced elements of expertise an entertainment technician must have to succeed and thrive in the broad  industry of presenting Performing Arts in its many forms. Strong emphasis is placed on safe working practices  for all aspects of producing entertainment presentations.  Coursework includes classroom training on concepts and skills and practical application in an  entertainment production environment of those skills to achieve confidence and mastery. 

Students will:

  • Understand production personnel and hierarchy and their roles in entertainment production
  • Understand how to work safely in entertainment workplaces including best practices for accident prevention as well as procedures for addressing lapses in safety through the production personnel  hierarchy
  • Prove familiarity with performance facility structures and terminology including stage directions
  • Be able to work as a contributing and responsive member of a department team using appropriate and effective communication to assist with known active work as well as problem solve new challenges
  • Understand protocols and procedures for working in live performance both individually and part of the  production team
  • Be given periodic relevant interactions with working professionals as part of formal class-time and in the  professional working environment
  • Be provided with opportunities to participate in hands-on entertainment production field work by  scheduling time with shops, theaters or other spaces with active production environments supervised by a journey level professional with a training mandate and advised by a CTE educator
  • Take and pass the three USITT Essential Skills for Entertainment Technicians (ESET) Certification tests for  Basic Terms and Safety, Lighting and Rigging
  • Complete the OSHA 10-hour certification course
  • Complete a resume detailing personal goals, proven work skills, experience and credentials

This course has received UC Office of the President (UCOP), College-Preparatory Elective ("g") Visual and Performing Arts approval.

POLICY/CODE:
Ed Code 51054
Board Policy 6141

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve New CTE Course: Entertainment Technician 1, “Stagehand”.





 
12.5. Approve Resolution 18-029 to Contract with Vintage Contractors, Inc. as a General Contractor for the King Tennis Court Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:             May 30, 2018
SUBJECT:    Approval of a Contract With Vintage Contractors, Inc. as a General Contractor for the King Tennis Court Project and Approve Resolution 18-028

BACKGROUND INFORMATION: 
The tennis courts at King are used by both BHS and King.  A decision was made on February 28, 2018 to upgrade the King tennis courts.  On May 15th, BUSD received two bids.  The basis of award is the Total Bid Price: sum of the base bid and Alternate 1.  Alternate 1 is to provide an accessible drinking fountain and to provide a new storage shed.  The bid tabulation is as follows:

Contractor                                           Base Bid          Alternate 1      Base Bid + Alternate 1

Vintage Contractors, Inc.                    $245,480         $32,000           $277,480

WestCal Design and Build, Inc.          $521,000         $31,000           $552,000

The lowest responsive, responsible bidder is $277,480.  The lowest bid is within the District’s budget for the project and is less than the estimated cost.

FISCAL IMPACT:
Cost of award by this action: $277,480 to be paid from Measure I bond funds.  This cost is contained within the King Tennis Court Upgrade budget.  

RECOMMENDATION:
Award a contract for construction to Vintage Contractors, Inc. for the King tennis court upgrades and approve Resolution 18-028.   


 
Attachments:
Resolution 18-028
12.6. Approval of Resolution 18-030 to Contract with State Roofing Systems Inc. for the Sylvia Mendez Roof and Skylight Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:            May 30, 2018
SUBJECT:    Approval of a Contract With State Roofing Systems. Inc. for the Sylvia Mendez Roof and Skylight Project and Approve Resolution 18-030

BACKGROUND INFORMATION:
The roof and the skylights at Sylvia Mendez School are past their useful lives and need to be replaced. On January 24, 2018, the Board approved proceeding with this project. On May 15th, BUSD received four bids.  The bid tabulation is as follows:

Contractor                                           Base Bid

State Roofing Systems Inc.                $   754,948

ALCAL Specialty Contracting, Inc.     $1,142,017

Stronger Building Services                 $1,272,000

Best Contracting Services, Inc.          $1,440,000

The lowest responsive, responsible bidder is $754,948.  The lowest bid is within the District’s budget for the project and is significantly less than the estimated cost.

FISCAL IMPACT:
Cost of award by this action: $754,948 to be paid from Measure I bond funds.  This cost is contained within the (LeConte) Phase 1 Modernization budget.  

RECOMMENDATION:
Award a contract for construction to State Roofing Systems, Inc. for the (LeConte) roof and skylight replacement project and approve Resolution 18-029.   

 
Attachments:
Resolution 18-030
12.7. Approval of Resolution 18-032 in Support of Working People Post a Janus v. AFSCME Supreme Court Decision
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:            Judy Appel, Vice President
DATE:             May 30, 2018
SUBJECT:    Resolution 18-032 in Support of Working People Post a Janus v. AFSCME Supreme Court Decision

BACKGROUND INFORMATION: 
The United States Supreme Court is considering the case Janus v. AFSCME Council 31, which could restrict unions from requiring fees from non-member employees who benefit from collective bargaining, thereby weakening the unions’ power to effectively negotiate on behalf of all public sector workers - such as nurses, teachers, and firefighters. An unfavorable decision by United States Supreme Court may deny public sector workers the freedom to access strong unions that make our communities and schools safe, more equitable, and strong.

POLICY/CODE: 
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Resolution 18-032 in Support of Working People Post a Janus v. AFSCME Supreme Court Decision.



 
Attachments:
Resolution 18-032
12.8. Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Services (formerly BTSA)
Rationale:

Berkeley Unified School District  

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         May 30, 2018
SUBJECT:  Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Services (formerly BTSA)

BACKGROUND INFORMATION:
Berkeley Unified School District provides Beginning Teacher Support and Assessment (BTSA) induction program for new teachers in order for them to receive a “Clear” California teaching credential.

Prior to 2007-2008, each district received state funding for each teacher participating in the induction program.  These funds were sent to a local consortium and allocated out to districts to use to support their teacher induction costs.  After 2007-08 BTSA/induction was considered a Tier III program and the funds remained dedicated to BTSA, but not tied directly to the number of teachers receiving services.

Newark Unified received these funds as the lead agency in this consortium model locally, and continued to allocate funds to the District and other consortium partners, but at a reduced amount.

With the adoption of the Local Control Funding Formula, BTSA/induction funding is no longer provided as a line item allocation to sites or consortiums. Following the sunsetting of the consortium model, BUSD researched several other local options to provide services that would meet our new teacher induction needs and possibly serve our teachers better. It was determined that Contra Costa County Office of Education (CCCOE) would be the best match.

Beginning in 2014-15, CCCOE provided induction services and support for new teachers including special education teachers.  Services from CCCOE will no longer be referred to as BTSA, but rather CCCOE Teacher Induction Program (TIP).

CCCOE charges BUSD $2,000 per participating teacher when BUSD provides the mentor, or $4,000 per participating teacher when CCCOE provides the mentor.

BUSD pays a stipend to the mentor teachers in the amount of $1,800. Currently staff is projecting 50 new year 1 and year 2 teachers in BUSD who qualify for or require TIP in 2018-2019.  If additional teachers are hired that require support, the contract will be amended to include them.

In 2018-2019 the expenses for BTSA will move to the general fund after being covered by a three-year Educators Effectiveness Grant. 

POLICY/CODE:
Education Code Section 44259 – 22579

FISCAL IMPACT:
$273,110 in general funds will be used to support new teachers in the CCCOE Induction Program in 18-19; these costs were covered in the previous three years by the Educators' Effectiveness Block Grant.

STAFF RECOMMENDATION;
Approve the Memorandum of Understanding with Contra Costa County Office of Education









 
12.9. Approval of Resolution 18-027 to Establish the Education Protection Account (EPA)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent   
FROM:          Pauline Follansbee, Assistant Superintendent  
DATE:          May 30, 2018
SUBJECT:     Approval of Resolution 18-027 to Establish the Education Protection Account (EPA)

BACKGROUND INFORMATION:
The voters approved temporary sales and income tax increases with Proposition 30 on November 6, 2012, and with Proposition 55 on November 8, 2016 which allowed the sales tax increase to expire in 2016 while extending the increased income tax rates through 2030 and created an Education Protection Account (EPA) in the State General Fund to receive and disburse the revenues derived from the incremental increase in taxes imposed by Proposition 30 and Proposition 55.

EPA funds represent a portion of our budget’s General Fund revenue that would have been cut if Proposition 55 had not passed, and do not represent increased revenue in the District’s 2017-18 budget.  EPA is a reclassification of the state aid portion of the Local Control Funding Formula and is classified as unrestricted revenue.

The creation of the EPA benefits cash flow patterns and it also has an accountability component.  Proposition 30 provides that all K-14 local agencies have the sole authority to determine how the funds received from the EPA are spent with the following provisos:

  • The spending plan must be approved by the governing board during a public meeting.
  • EPA funds cannot be used for the salaries or benefits of administrators or any other administrative costs.
  • Each year, the local agency must publish on its website an accounting of how much money was received from the EPA and how the funds were expended.

In addition, there is a requirement for the annual financial audit to include verification that the EPA funds were used as specified by Proposition 55, and the additional cost of the audit would be an allowable expense from the EPA.

If EPA funds are not expended in accordance with the requirements of Proposition 30, civil or criminal penalties could be incurred.  For FY 2017-18 the District is scheduled to receive $10,388,167 in EPA funding which will be used for classroom teacher’s salaries and benefits.

The attached Resolution No. 18-027 details the provisions and requirements of the EPA. 

STAFF RECOMMENDATION:
Approve Resolution No. 18-027 and the receipt and use of EPA funding as outlined. 

FISCAL IMPACT:
The unrestricted General Fund will receive $10,388,167 in EPA funding that will be used for classroom teacher’s salaries and benefits. 


 
Attachments:
EPA Expenditure Summary
EPA Resolution 18-027
12.10. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        May 30, 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. Contract to Musson to provide major repairs at the little theater at BHS for use as Career Technical Education Stagecraft Pathway program. The cost will not exceed $85,574. To be paid from CTE budget in Measure I. Requested by Lew Jones.
  2. Increase in contract amount, PO#181215, to HazMat Docs, to provide hazardous material monitoring for the LeConte roofing project. The original amount of $9765 was issued 5/13/17. The additional amount requested is $2350 for a total amount of $12,115. To be paid from Measure I Fund. Requested by Lew Jones.

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

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



 
13. Update on Special Education - Discussion (40 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent, Ed Services
PRESENTERS: Pasquale Scuderi, Associate Superintendent, Ed Services
Lisa Graham, Director of Special Education
DATE: May 30, 2018
SUBJECT: Update on Special Education

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

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

The District retained the services of Dr. William Gillaspie whose extensive experience in educational settings, fiscal management, and management, made him an effective choice to facilitate a comprehensive review and analysis of our special education program that was delivered to the Board in executive summary form on  December 6, 2017. Dr. Gillaspie's subsequent full report was made public on March 14 of 2018.

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

The report’s recommendations came at a time when our current Director of Special Education announced that she would be moving on from the District in January so  the primary district focus for executive cabinet has been the recruitment of a successor.

We do believe that the content of the December report positions our new Executive Director with a detailed needs assessment to serve as a specific blueprint for improvement.

Upon Director is hired, the parent advisory committee mentioned in the report’s final section will be convened.

Since our last update,  District staff has continued to partner with our Special Education Local Planning Agency (SELPA),  toward the revision of a basic policy and procedural guidelines document that will be used by all partnering Districts in our region. Our participation in this process reflects a response to a key recommendation referenced in the report.

In addition to providing updates or progress reports on components discussed at the March 14 meeting, tonight’s presentation will also cover:

  • Developing organization, composition, and goals  of the parent advisory group

  • Current negotiations with existing vendors on service costs

  • Professional Learning

  • Allocating critical staff time in 18-19 to Special Education topics across departments

  • State-level Special Education challenges and proposals

RECOMMENDATION/QUESTIONS FOR THE BOARD:
What questions do you have regarding current progress on select recommendations from the report on Special Education?

NEXT STEPS:
Staff will update the Board again in the Fall with our new Executive Director.

FISCAL IMPACT:
None at this time.

RELATED PAST BOARD ITEMS

December 6, 2017 – 17.1 Special Education Review and Program Analysis

March 14, 2018 – 13. Update on Special Education Report





 
14. Solicit Answers to Trivia Question
15. Update on the Governor’s May Revise - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans Ed D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent Business Services
PRESENTERS:  Pauline Follansbee, Assistant Superintendent Business Services
DATE:        May 30, 2018
SUBJECT:           The Governor’s May Revision on the 2018-19 State Budget

PURPOSE:
To summarize the Governor’s May Revision of the 2018-19 State Budget 

BACKGROUND INFORMATION:
Governor Brown’s May Revision of the proposed California state budget paints a bright, but cautious, fiscal picture, noting that the January 2018 State Budget proposal included a healthy reserve, and that revenues have continued to grow since.  

While revenue projections are once again up as part of the May Revision when compared to the Governor’s January Budget, unlike in previous years, this is not translating into a windfall for education. The May Revision does not anticipate a recession, but acknowledges and plans for economic risks. As expected, the Proposition 98 minimum guarantee remains relatively flat from the Governor’s Budget despite the significant infusion of state General Fund revenues.

The Governor’s May Revision proposes more than $2 billion in one-time discretionary funds for LEAs, which equates to approximately $344 per ADA. This is an increase of $286 million to the $1.8 billion proposed in January. As in prior years, these funds would be available for expenditure at the discretion of LEAs and would be used to offset LEAs’ outstanding mandated reimbursement claims on a dollar-for-dollar basis.

While the Governor notes that we are in the second longest economic recovery on record, and that we are overdue for a recession, his forecasts do not include any potential effects of the next recession.  All in all, the May Revision is slightly better for public education than the January Budget, but given the automatic cost increases LEAs are facing, it is a significant challenge to merely maintain current programs, let alone augment them. In fact, many LEAs are making budget reductions.

District staff continues to believe that the best plan of action is to maintain a suitable level of local reserves, exercise caution at the bargaining table, and prepare budgets and projections in a reasonably conservative fashion. This is especially true as there will be a new person in the Governor’s office and in other key state policy positions come next year.

RECOMMENDATION FOR THE BOARD:
Receive the Governor’s May Revised budget as an informational item.  

The Multi-Year Projection (MYP) in the attached power-point is based on 2017-18 Second Interim Reporting, updated for May Revision and estimated on-going increase in Special Education. 

The Board should review and direct staff to initiate preliminary and exploratory discussions of potential reductions to the 2019-20 Budget.

FISCAL IMPACT:
The COLA is revised upward from 2.51% in January to 2.71% in May.  LCFF received an augmented COLA of 3%, which when combined with an increase in ADA, resulted in an increase in the LCFF base grant revenue for fiscal year 2018-19 in the amount of $.8 million and an increase in supplemental revenue by $.1 million since the January budget. 

Programs outside the LCFF, including Special Education, Child Nutrition, Foster Youth, Preschool, American Indian Education Centers, and American Indian Early Childhood Education, will receive the statutory COLA of 2.71%.

One time funding increased from $295 per ADA in January to $344 per ADA in the May revise which resulted in increased funding of $.5 million to the Unrestricted General Fund.

ATTACHMENTS:
May Revise summary from School Services



 
Attachments:
Presentation
Summary of May Revision
16. Approve Revision to LCAP Board Policy 0460 - Action (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Board of Education
FROM:        Policy Subcommittee
DATE:            May 30, 2018
SUBJECT:    Approve Revision to LCAP Reserve Policy

BACKGROUND INFORMATION:
The Policy subcommittee voted unanimously to forward to the Board a proposed revision to the LCAP policy (BP 0460) that would cap the LCAP reserve at $1 million.  Currently, the reserve is capped at the greater of $1 million or 25% of the projected funding generated by unduplicated students. The projected funding generated by unduplicated students for FY 17-18 is $5,242,788, 25% of which is $1,310,697. 

The reserve has currently reached $1 million as a result of unspent supplemental funds in previous years.

Board policy dictates that any unspent supplemental funds in excess of the reserve shall be spent on one-time services or actions that benefit unduplicated students.

In order to have this change to policy take effect in time to allocate excess supplemental funds in the 17-18 year, we propose that the Board approve this Policy tonight, without awaiting a second reading of the policy.  Under Board Policy 9310, the Board can waive a second reading of a policy upon a 2/3 vote of the Board, which for a 5-member Board requires a super-majority of four Board members. 

COMMITTEE RECOMMENDATION:
Approve the revision to BP 0460.


 
Attachments:
BP 0460
17. Public Hearing for and Approval of Initial Proposals for Successor Agreement Between the District and Local 21 Professional and Technical Engineers, AFL-CIO (Time Certain: 9:30pm) - Action (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         May 30, 2018
SUBJECT:  Public Hearing for and Approval of Initial Proposals for Successor Agreement Between the District and Local 21 Professional and Technical Engineers, AFL-CIO (9:30PM)

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 LOCAL 21 PROFESSIONAL & TECHNICAL ENGINEERS, AFL-CIO and the District for a successor agreement between the District and LOCAL 21 PROFESSIONAL & TECHNICAL ENGINEERS, AFL-CIO 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:
District’s Initial Proposal to Local 21 for a Successor Agreement
Local 21’s Initial Proposal to District for a Successor Agreement
18. Information Items
18.1. Revisions to the BP 5111.3: Protection of Undocumented Students for First Reading
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:                Board of Education
FROM:            Policy Subcommittee (Director Alper, Chair and Director Leyva-Cutler)
DATE:            May 30, 2018
SUBJECT:    Policy to Protect Students from Immigrant Families

BACKGROUND INFORMATION:
With great urgency following the November 2016 election, we developed and passed a policy on December 7, 2016 to protect our undocumented students from federal immigration enforcement actions.  Since that time, other Districts have passed similar policies, and the Attorney General of California has issued guidance in the wake of the passage of AB 699, which requires Districts to pass policies that protect all students regardless of immigration or citizenship status.

The Policy Subcommittee has taken this opportunity to revise and update our policy to reflect the best thinking and best practices in this area. 

We reviewed and discusses the revisions at meetings on March 16, March 30, and May 24, 2018.  On May 24, 2018, we unanimously voted to send the revised policy to the Board for first reading.

Attached is the current version of BP 5113.3, as well as our proposed revision to the policy. Because the format of the new policy is substantially different (though the intent and effect is very similar), we have not provided a red-lined version.

COMMITTEE RECOMMENDATION: 
Review the policy on first reading and accept for information.

 
Attachments:
Current Version of BP 5111.3
Proposed Revised Version of BP 5111.3
19. 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.

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

Published: May 25, 2018, 8:05 PM

The resubmit was successful.