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Regular Meeting
Berkeley USD
June 13, 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. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
3.2. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) Local 21 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
3.4. Public Employment (Government Code Section 54957)
3.4.1. Superintendent
3.4.2. Executive Director, Facilities
3.5. Superintendent’s Evaluation (Government Code Section 54957)
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of June 13, 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Because the answer can be found via internet search, the trivia question will not be published until the day of the Board meeting.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:       June 13, 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 06.13.18
Classified Personnel Report 06.13.18
12.2. Approve Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2018-2019
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Pasquale Scuderi, Associate Superintendent of Educational Services    
FROM:        Pat Saddler, Director of Special Projects
DATE:         June 13, 2018
SUBJECT:  Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2018-2019

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR).   Funding is based on actual student attendance with each full day of student attendance generating revenue of $48.51 per day for our school-age students and $49.10 for preschoolers.  Partial day rates are pro-rated to the full day rate.

The current contracts for services for each program are $2,988,128 for the California State Preschool Program (CSPP) and $1,842,216 Child Care Services (CCTR).

In order to enter into the contract, the Board is required to approve the attached resolution. 

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$4,830,344 in potential revenue for the Pre-School Child Development and School Age Child Care Program.

STAFF RECOMMENDATION:
Approve the Resolutions to Authorize the Contracts with the California Department of Education for the Childhood Development Programs for 2018-2019.


 
12.3. Approval of HY Architects to Prepare a Masterplan for Berkeley Unified School District
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:             June 13, 2018
SUBJECT:      Approval of HY Architects to Prepare a Masterplan for Berkeley Unified School District

BACKGROUND INFORMATION:
On February 28, 2018, the Board of Education approved a Request for Proposal (RFP) to hire a masterplan consultant for the District.  Seven proposals were received. Bill Savidge from K-12 School Facilities and Lew Jones performed a technical evaluation of the proposals and recommended that three firms be interviewed. 

The Superintendent, the Associate Superintendent of Educational Services, the Assistant Superintendent for Business Services, the Technology Director and the Interim Director of Facilities interviewed the three firms.  The interview team unanimously recommended that HY Architects be recommended to the Board for approval. 

The masterplan process has three major components. The first step is a building evaluation and educational facilities evaluation of our schools, incorporating the site or building specific masterplans recently developed.  The second step is to develop site specific masterplans. The final step is to compile the site specific plans into a comprehensive document and engage the community in the draft masterplan. We anticipate that this final step will need more discussion with the Superintendent and his team to determine what level of engagement will be undertaken. To the extent the District asks for greater involvement than HY has suggested, the cost of the services will go up.  Likewise, if the District determines that the community engagement can be pared back, the cost of the service will go down.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT: 
Contract award by this action: $400,000 to be paid from Measure I Bond Funds.  Project budget to be established with the Measure I Bond Reallocation on this same Agenda.

STAFF RECOMMENDATION:
Approve a contract with HY Architects to prepare a masterplan for BUSD.  


 
12.4. Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure AA
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Director of Facilities
DATE:             June 13, 2018
SUBJECT:      Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure AA

BACKGROUND INFORMATION:
On February 7, 2018, the Board of Education approved the latest revision to the Measure AA budget lines when it added some money for the Rosa Parks roof, moved program expenses to Measure I and made adjustments in supplies, equipment, travel/conference and rentals.  In order to have sufficient funding to complete desired projects, other adjustments are needed.  They are:

  1. Longfellow Maker Space: Decrease the budget by $323,000.The project will actually need additional funding, but it is a CTE project and belongs in Measure I with other CTE projects. There is sufficient funding in the CTE budget line of Measure I to accommodate all expenses starting in Fiscal Year 2019 for this project;
  2. King CDC Play structure: Eliminate the remaining funding for this project, freeing up $275,353. There is no plan to complete this project;
  3. Rosa Parks Roof: Increase the budget by $1,350,000 in order to do the proposed work. The initial budget proposed is inadequate to perform the work. Work will be done sometime in 2019;
  4. Professional Consulting Services: Increase this budget line by $200,000 to close out legacy projects. Legacy projects are those projects that DSA has not yet certified for a variety of reasons. Four years ago we had 77 projects that were not yet certified. We currently have 12 that are not certified and two more (Rosa Parks and Longfellow) we plan to have certified with the roof and Maker Space project architects. The budget is requested to focus on certification efforts for the remaining buildings;
  5. Increase Income: Increase the income by $754,000 to account for the 6th Street surplus property deposit and to account for a small amount of interest and rebates.

Attached to this document are both a one page summary of expenses in Measure AA and before and a more detailed breakdown of all expenses and income in Measure AA and before. Please note that there was a minor mistake in the February 7, 2018 statement of available carryover. 

There are potential additional challenges and opportunities in the future. The following list is not comprehensive, but a basis for future thinking:

  1. No potential OPSC dollars are included in the budget. This conservative approach is recommended at this time, but the District does have substantial eligibility. Funds could be placed in Measure AA or Measure I;
  2. No reimbursement from the City for project costs for the Board Room are included although the City and the Board have been in negotiations on this subject. Expenses for the project were made in Measure AA; and,
  3. The Rosa Parks roof is in early design. At this preliminary level, it is unclear how long the project will take, but early indications are that the multipurpose building will need to be under construction for more than just a summer. A temporary food service building may be needed.

FISCAL IMPACT:
The adjustments are within the overall budgets. There is an available balance of $414,025.    

STAFF RECOMMENDATION:
Approve the adjustments recommended above. 




 
Attachments:
Measure AA Summaries
12.5. Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure I
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:             June 13, 2018
SUBJECT:      Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure I

BACKROUND INFORMATION:
On February 28, 2018, the Board of Education approved the latest revision to the Measure I budget lines when it added $2,000,000 to add a security project.  In order to have sufficient funding to complete desired projects, other adjustments are needed.  They are:

  1. Berkeley Community Theater: Increase the budget by $3,750,000 in order to do the proposed work in the classroom wing and to provide an interior connection to the Little Theater. The increase is almost entirely due to three factors: seismic work required by DSA, increased escalation because the construction will occur later than original thought, and recognition of the current bidding climate;
  2. Maintenance and Operations: Eliminate all future planned work, currently budgeted at $5,674,000. There are insufficient funds currently in this budget to initiate a project;
  3. CTE at BHS and Adult: Transfer the Longfellow Maker Space project to the Measure I CTE budget line beginning next Fiscal Year. The total project is estimated to cost an additional $535,000 more than what has already been spent. There is an available balance in the CTE budget of approximately $1.38 million, so no adjustment in the CTE line is needed, although the title should change to CTE projects;
  4. Masterplan: Increase the program management line by $450,000 to include this needed task. The increase is shown in the attached document as a separate line item for transparency. In the future this task would be included in the Program Management line budget;
  5. Bond Issuance and Disclosures: Increase the program management line by $350,000 to include this needed task. The increase is shown in the attached document as a separate line item for transparency. In the future this task would be included in the Program Management line budget;
  6. OPSC Support: Increase the program management line by $100,000 to help leverage State Bond Fund money; and,
  7. Increased Income: Interest income was not included on the previous spreadsheet. A budget of $1,300,000 is recommended.

Attached to this document are both a one page summary of expenses in Measure I and a more detailed breakdown of all expenses and income in Measure I.  

There are potential additional challenges and opportunities in the future.  The following list is not comprehensive, but a basis for future thinking:

  1. No potential OPSC dollars are included in the budget. This conservative approach is recommended at this time, but the District does have substantial eligibility. Funds could be placed in Measure AA or Measure I;
  2. No Developer fee income is included in the budget. The District has received income but we thought it best to have a discussion about the uses of that income at a future time;
  3. The District will likely need to implement a software system that can assist in accounting for project expenses and the cost to do that is not contained in the budget. The system is currently being reconciled manually;
  4. The King auditorium budget may need to be enhanced;
  5. There are several roof projects that were planned to be completed before 2021 that may need to be added to the project list. Maintenance is reviewing those buildings;
  6. The Sylvia Mendez Elementary School Phase 1 Modernization budget is untouched, but only the roof and skylight replacement is proceeding. The remainder of the project is not currently underway, and after a further review, it may make sense to not do any more work there until the masterplan is completed or additional funds become available.
  7. The potential facilities modifications related to revised educational model at B-Tech; and,
  8. Any potential transitional housing for Berkeley Community Theater

FISCAL IMPACT:
The adjustments are within the overall budgets once the interest is included. There is an available balance of $1,517,664.    

STAFF RECOMMENDATION:
Approve the adjustments recommended above. 



 
Attachments:
Measure I Budget Summaries
12.6. Approval of Van Pelt Construction Services for Multiple BUSD Construction Projects for Services Beginning July 1, 2018
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:            June 13, 2018
SUBJECT:      Approval of Van Pelt Construction Services for Multiple BUSD Construction Projects for Services Beginning July 1, 2018 

BACKGROUND INFORMATION:
The District has utilized Van Pelt Construction Services since 2011 to provide project and construction management services.  In the past few years they also have provided some program management services.  In the 2011-15 period, all of their services were performed on a fixed fee.  Beginning in 2015 and up through the present, they have been paid on a time and material basis.  Staff is recommending that we return to fixed fee contracts for all but the program management services.  The extent of program management services needed is hard to predict without a permanent Facilities Director.   The types of services may be OPSC coordination, assistance with master planning, budgeting assistance, Prop 39 consulting and developer fee assistance.  For the purpose of this approval, staff has estimated that 80% of the cost of the program management will be in Measure I, 10% will be in the Prop 39 budget and 10% will be in the developer fee budget. 

Staff recommends fixed fee contracts as they allow for better budgeting, provide incentives to the firm to manage their own expenses better and simplify our accounting.  The following projects and fees are being recommended:

  1. Silvia Mendez Roof and Skylight Project $34,000
  2. Oxford Modernization $1,000,000
  3. Rosa Parks Roof Upgrade $80,000 Measure AA
  4. King Auditorium Modernization $23,000
  5. King Tennis Court Upgrade $10,000
  6. BHS Theater $1,418,000 
  7. BHS Turf Replacement $21,000
  8. CTE Projects at the Adult School and BHS $168,000
  9. CTE Project for Longfellow Maker Space $30,000
  10. West Campus Capacity Project $400,000
  11. West Campus VAPA Project $137,000
  12. Columbine-style lock installation $90,000
  13. Elementary Kitchens and Cafeterias $332,000
  14. Closeout of Old Projects $8,000
  15. Prop 39 Lighting and Commissioning $52,000 Prop 39
  16. Program Management for FY 19NTE $60,000 Multiple

The industry standard for these services is 8% of the planned construction costs.  While it was not the direct method staff used to negotiate the contracts, it is a useful way to consider this recommendation.  Staff analyzed the project management/construction management costs from the inception of the projects through this proposed approval.  Staff has negotiated a total amount less than the industry standard for all projects except the very small King tennis court project and the Longfellow Maker space and King auditorium projects, which are both very small and had significant planning costs.   The remainder of the projects are in the 5-7% range depending on size and degree of programming required. 

POLICY/CODE:
Board Policy 3310.

FISCAL IMPACT:
Contract award by this action: $3,719,000 to be paid from Measure I Bond Funds, $80,000 from Measure AA Funds, $58,000 from Prop 39 Funds and $6,000 from the Developer Fee budget.  


STAFF RECOMMENDATION:
Approve a contract with Van Pelt Construction Services for the projects listed above. 



 
12.7. Approval to Purchase Furniture From Multiple Vendors
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Director of Facilities
DATE:             June 13, 2018
SUBJECT:      Approval to Purchase Furniture From Multiple Vendors

BACKGROUND INFORMATION:
On January 11, 2017, the Board approved the Measure I Reallocation Plan. The plan included a budget line of $490,000 to replace furniture. There has been $68,000 spent, and another $7,000 is encumbered in the current Fiscal Year, leaving a balance of $415,000 for future years. Staff is requesting that the Board approve $70,000 of expenditures with Virco and $70,000 with Campbell Keller for Fiscal Year 2019. These two vendors have provided the bulk of our furniture in the past 15 years. 

In addition to furniture replacement, there is some highly specialized furniture needed for the new CTE spaces. Staff contacted two vendors and is recommending that JHA Techspace be approved to build the CTE furniture. The total request is $55,000 ($25,000 for the Adult CTE and $30,000 for the BHS CTE project). The cost for this specialized furniture is contained within the CTE project budget. 

POLICY/CODE:
Public Contract Code 20118 and 20652

FISCAL IMPACT: 
Contract award by this action: $140,00 for the furniture line and $96,200 for the CTE budget lines of Measure I.   

STAFF RECOMMENDATION:
Approve the purchase of furniture of $70,000 from Virco, $70,000 from Campbell Keller and $55,000 from JHA Techspace.


 
12.8. Approval to Enter Into an Agreement with Supplyworks to Continue to Purchase Custodial Supplies as a Part of a Piggyback Bid With Fresno Unified Through a US Communities Bid
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Lew Jones, Interim Director of Facilities    
DATE:         June 13, 2018
SUBJECT:  Approval to Enter Into an Agreement With Supplyworks to Continue to Purchase Custodial as a Part of a Piggyback Bid With Fresno Unified Through a US Communities Bid

BACKGROUND INFORMATION:
Supplyworks, formally known as Clean Source, has been a District vendor for the past ten years. The District has purchased custodial supplies, had equipment repaired and purchased custodial equipment from that vendor.  The request for equipment repair will be listed in the contracts page. We had Board approval to expend $260,000 for custodial supplies with this vendor last year.  We are requesting the same amount for Fiscal Year 2019. 

POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
Cost to be paid from the General Fund. 

STAFF RECOMMENDATION:
Approve Supplyworks for custodial supplies as a part of the Fresno Unified School District Contract #12-22 through US Communities for an amount not to exceed $260,000.

 
12.9. Approval to Enter Into an Agreement with Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (formerly Western State Contracting Alliance Bid)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Lew Jones, Interim Director of Facilities    
DATE:         June 13, 2018
SUBJECT:  Approval to Enter Into an Agreement With Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (formerly Western State Contracting Alliance Bid)

BACKGROUND INFORMATION:
BUSD has utilized Grainger Industrial Supply under the State of California NASPO Value Point Contract bid for the past nine years to purchase a significant portion of our maintenance supplies.  The Board approved a not-to-exceed amount of $120,000 with Grainger for Fiscal Year 2018.  We are requesting the same amount for Fiscal Year 2019.   

BOARD POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
Cost to be paid from Measure H. 

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply for maintenance supplies for an amount not to exceed $120,000.  


 
12.10. Approval of HY Architects to Design the Kitchen and Café Projects at Cragmont, John Muir and Washington
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Director of Facilities
DATE:             June 13, 2018
SUBJECT:    Approval of HY Architects to Design the Kitchen and Café Projects at Cragmont, John Muir and Washington 

BACKGROUND INFORMATION:
On April 26, 2017, the Board approved a contract with HY Architects to complete a Scoping and Assessment Study of an elementary Kitchen Project.  On March 28, 2018, the Board approved three sites (Cragmont, John Muir and Washington) to proceed. 

The next step is to begin designing the construction documents for the three sites.  Facilities staff is requesting approval of a contract with HY Architects to provide architectural and engineering services for the project.  Deliverables will include design, construction documents and construction administration.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Contract award by this action: $860,000 to be Paid from Measure I Bond Funds. 

STAFF RECOMMENDATION:
Approve a contract with HY Architects to design the elementary kitchen and cafeteria project.

 
12.11. Approve Increase of Baker Vilar Architects Contract to Design the Rosa Parks Roof and to Closeout the Legacy Project with DSA
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:             June 13, 2018
SUBJECT:    Increase of Baker Vilar Architects Contract to Design the Rosa Parks Roof and to Closeout the Legacy Project with DSA

BACKGROUND INFORMATION:
On November 15, 2017, the Board approved the hiring of Baker-Vilar Architects to design the Rosa Parks roof replacement.  The building was built under the 1991 building code which has undergone significant revisions in the past 27 years.  As the design was being developed, it became apparent that there are some structural deficiencies in the roof diaphragm at the CM wall.  DSA suggested, but cannot mandate, that we make these building improvements at this time, and staff is recommending that we perform this seismic work in conjunction with the roof replacement. 

In addition to improving the structural character of the building, DSA considers the building to not be certified.  Closing out old projects is both frustrating and expensive, as a structural engineer must practically recreate many calculations and measurements and prepare shop drawings for DSA to approve.  DSA will not approve the roof project unless the old project is certified or well on its way to being certified.  This type of project is a challenge for both parties to perform on a fixed fee basis as it is never completely clear what DSA will require.  This part of the contract would be on a time and materials basis.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Contract award by this action: $230,000 increase to be paid from Measure AA Bond Funds.  The new maximum contract value will be $344,800. 

STAFF RECOMMENDATION:
Approve a contract increase of $230,000 for Baker Vilar Architects for the Rosa Parks roof project. 


 
12.12. Approval of Resolution 18-030 to Establish the 2018-19 Tax Rate for the Special Tax: Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Director of Facilities
DATE:            June 13, 2018
SUBJECT:    Resolution 18-030 to establish the 2018-19 Tax Rate for the Special Tax: Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010)

BACKGROUND INFORMATION:
The Berkeley Schools Safety and Maintenance Act of 2010 (Measure H) renews the function of a prior facilities and safety maintenance act (Measure BB of 2000), providing revenues to “maintain school buildings, classrooms, playgrounds, roofs, electrical systems, and address fire and safety hazards.”  

The legislation establishing Measure H of 2010 permits an annual cost-of-living increase in the rate, beginning with FY 2013-14.  The annual cost of living adjustment (COLA) is equal to the annual percentage increase of the State of California statutory inflation adjustment as defined in Education Code Section 42238.1 (b).  

The statutory COLA based on the District and County Office Financial Projection Dartboard produced by School Services of California in May 2018 has been determined to be 2.71 percent.     

POLICY/CODE:
Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010, Paragraph 3C)

FISCAL IMPACT:
The revenue for the Berkeley Schools Facilities Safety and Maintenance Act of 2010 is projected to be approximately $6,116,396, a projected increase of $165,194.

STAFF RECOMMENDATION:
Adopt the approved COLA increase for the Berkeley Schools Facilities Safety and Maintenance Act of 2010 for FY 2018-19. 


 
Attachments:
Resolution 18-030
12.13. Approval of School Safety Plans
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Donald Evans, Ed.D., Superintendent
FROM:        Tammy Rose, Interim Manager Student Services            
DATE:         June 13, 2018
SUBJECT:  Approval of School Safety Plans                          

BACKGROUND INFORMATION:
Each California public school must have and maintain an individual safety plan at each site.  This plan is a composite of various community, agency, and school resources to ensure proper response to any emergency.

All School Site Safety Plans have the following standard components, although individual plans and responses may differ from site to site:

Directory of District and City Emergency Contact Information
List of Safety Team Members
Emergency Action Plans
Overview of District and School Site Responsibility for Students to and from School
Basic Actions for Safety Responses
Responsibility and Duties for all District Staff
Procedures for Emergency Drills and Evacuation
Crisis Response Team Protocol:
Intruder Shooting and Hostage
Bomb Threats
Student Unrest
Policies and Procedures for:
Sexual Assault or Offense to and from School
School and After-school Disturbances, Fights, or Assaults
Arrest of Student
Anti-Bullying Policy
Sexual Harassment Policy
Hate Motivated Behavior Policy
Child Abuse Reporting
Suicide Attempt
Staff Notification of Dangerous Students
Dress Code
Campus Supervision
Selected Rules and Procedures for Student Discipline:
District Suspension and Expulsion Policies
Exposure and Control of Bloodborne Pathogens
Implementation Plan
Structural Assessment and Review

2018-2019  Safety Plan Goal
Completion of the emergency drill schedule and monthly practice  (fire drill, earthquake, armed intruder) must be included as one of the Safety Plan Goals.


All sites have completed their Safety Plans and obtained approval from the School Governance Council and/or Site Safety Committee.Berkeley Technology Academy/Berkeley Independent Study have submitted safety plans, however the School Governance Council and/or the Site Safety Committee has not signed off. Berkeley High will have signatures on June 11, 2018 during their last committee meeting.

A copy of each site’s Safety Plan will be placed in the Superintendent’s Conference Room for review.

All site plans will be presented to the Board for approval during the June 13, 2018 board meeting.

Next Steps:

  1. We are considering implementation of an online, school safety plan platform for next year that aligns with the online system that school sites already utilize to create and submit their site plans. An online format will ensure alignment and format consistency across school sites

  2. We are working with facilities to get evacuation maps for all sites. Currently there are (10) sites with evacuation maps.

  3. Add Recommended changes per Sergeant Matthew McGee 5/18/18

*Changes below will be added to safety plans as an attachment.

1.6 Crisis Response Team (CRT) and Safety Multi-Disciplinary Team (SMDT)

6. Campus Police:

  • Uniformed BDP officers are part of the school site’s CRT.

1.6.5 Response to Crisis Level I

When reporting a 911 emergency, please specify whether the situation is immediately pending or in progress. Be advised that BPD considers immediately pending as a “Code 1” non-emergency response, and in process as a “Code 3” emergency response.


POLICY/CODE:

Board Policy 3516
Education Code 32280-32289

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the School Safety Plans during the June 13, 2018 board meeting.


 
12.14. Approval of Legal Services Agreements for Fiscal Year 2018-19
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          June 13, 2018
SUBJECT:   Approval of Legal Services Agreements for Fiscal Year 2018-19

BACKGROUND INFORMATION:
The following legal service agreements are being presented to the Board for approval: 

Fagen Friedman & Fullfrost to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services, Assistant Superintendent of Human Resources and Director of Special Education. The District will be utilizing these services for labor negotiations, personnel matters, student matters, general legal support and special education services.  The attorney rates are $275 to $310 per hour for Partners, $215 to $245 per hour for Associates, and $135 to $165 per hour for Paralegal/Law Clerks. This is no increase from 2017-18 per hour for all levels.

Atkinson, Andelson, Loya, Ruud & Romo, Attorneys to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Assistant Superintendent of Human Resources. The District will be utilizing these services solely to close out prior year cases assigned to the firm. The attorney rates are $270 to $305 for Partners and $270 per hour for Senior Associates and $260 for Associates and $205 to $230 per hour for Paralegal/Law Clerks/ Non-Legal Consultants. This is an increase of $10 to $15 per hour for all levels.

Burke, Williams and Sorreson, LLP to provide legal services as directed by the Superintendent, Assistant Superintendent of Human Resources and Assistant Superintendent of Business Services. The District will be utilizing these services for charter schools and personnel and student matters when needed.   The attorney rates are $270 per hour for Partners and $235 per hour for Associates. This is an increase of $5.00 per hour for all levels.

Dannis, Wolver and Kelley to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Director of Facilities.  The District utilizes these services primarily for Facilities Matters. The attorney rates are $225 to $335 per hour for Partners and $185 to $235 per hour for Associates and $130 to $150 per hour for paralegals.          

Garcia Hernandez, Sawhney to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services.  The attorney rates are $225 to $250 per hour for attorneys’ with six to seven years’ experience and $160 for law clerks and $130 per hour for paralegals.         

POLICY/CODE:
N/A

FISCAL IMPACT:
Legal fees are estimated at an amount not to exceed of $475,000 for the General Fund and $80,000 within the Special Education Budget. Legal expenses related to the bonds will be paid for through the Building Fund not to exceed $150,000., and legal expenses related to developer fees will not exceed $15,000.

STAFF RECOMMENDATION:
Staff is requesting approval from the Board to enter into an agreement for Legal Services as listed above.

 
12.15. Approval of Xerox Contract for FY 2018-19
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:          Jay Nitschke, Director, Technology
DATE:           June 13, 2018
SUBJECT:     Approval of Xerox Contract for FY 2018-2019

BACKGROUND INFORMATION:
Xerox to provide copiers, maintenance of copiers, copying and Print Shop services as needed for all schools and district offices for SY 2018-19. The cost will not exceed $699,000. To be paid for by the General Fund. Requested by Jay Nitschke.

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $699,000.00 funded from the General Fund.

STAFF RECOMMENDATION
Approve the Contract for Xerox services.

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

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed. D., Superintendent
FROM:      Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        June 13, 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 Rudy’s Commercial Refrigeration to provide repair services for the Nutrition Services Department for the period from 7/1/18 – 6/30/19. The cost will not exceed $30,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
  2. Contract to N Harris Computer Corp. to provide Etrition cafeteria serving line support for the Nutrition Services Department for the period from 7/1/18-6/30/19. The cost will not exceed $17,884.49. To be paid from Cafeteria Fund. Requested by Marni Posey.
  3. Ratification of contract with Slingerland Institute for Literacy to provide a Slingerland Basic Inservice training for the Ed Services Department for the period from 2/8/18-5/23/18. The cost will not exceed $32,552. To be paid from Educator Effectiveness Grant. Requested by Maggie Riddle. 

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

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


 
12.17. Approval of New CTE Course: Fundamentals of Carpentry: Design/Build Studio
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Dr. Donald Evans, Superintendent
FROM:       Wyn Skeels, CTE Program Supervisor 
DATE:        June 13, 2018 
SUBJECT: Request for Course Approval - Fundamentals of Carpentry: Design/Build Studio

Berkeley High School and the Career Technical Education Program are requesting approval of a new course,  Fundamentals of Carpentry.: Design/Build Studio. This will be the first course in the Residential and Commercial Construction Pathway under development.  

BACKGROUND INFORMATION:
This course will introduce students to career opportunities within the Building and Construction Trades sector and focuses on the manner in which residential and commercial structures are designed and built.  The course covers construction and building design, performance, sustainability, the study of safety, hand and power tools, planning and design, applicable mathematics, blueprint reading, trade nomenclature, residential and commercial construction standards and other specialized skills.  This course includes preparation for a Class B California License. (General Building Contractor) and the Carpenters Apprenticeship Program. 

Students will engage in a variety of individual and group projects, exercises and readings to build up their skills in construction, design and critical problem solving. This will include traditional methods of building with hand tools as well as cutting edge digital fabrication and modeling tools. Students will also be exposed to the range of career opportunities across the fields of fabrication, design and construction. Emphasis will be on hands-on projects that have constraints to guide their design but allow for individual creativity.

Learning Objectives:
Hand and power tool safety,  Marking and measuring, Developing a cut list,  Cutting with a hand saw, circular saw, chop saw and bandsaw, Drilling holes, How to join wood in a variety of different ways,  Fastener usage, How to build square, level and plumb, Basic components and vocabulary of a wood framed structure, Familiarity with different types of doors, windows, roof types, etc., How to source materials and plan for a building project,  Exterior and Interior finishes, Environmental impact of building materials,  Familiarity with concrete and steel in construction,  Understanding basic structural engineering principles, particularly in relation to earthquakes , Technical drawing: Produce plan, section and elevation drawings as well as Isometric and axonometric views, Make digital renderings and 3d models on with CAD software, Rapid prototyping and iteration using models out of paper, cardboard and wood, Represent design intent through public speaking/design charette,  Analyze applied problem solving examples in the real world through case studies, Develop vocabulary to read the built environment through a spatial lense (form, shape, texture, etc), Learn about history of design and important historical figures. 

BHS “G” CTE Elective Yearlong 10 Credits 

STAFF RECOMMENDATION:
Approve new course request. 



 
Attachments:
CTE Model Curriculum Intro to Carpentry
12.18. Approval of New CTE Course: Public and Community Health
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Dr. Donald Evans, Superintendent
FROM:       Pasquale Scuderi, Associate Superintendent
Wyn Skeels, CTE Program Supervisor and Jezra Thompson, Gardening and Cooking Program Supervisor 
DATE:        June 13, 2018
SUBJECT: Request for Course Approval - Public and Community Health  

Berkeley High School, the Career and Technical Education (CTE) Program, and the Gardening and Cooking Program are requesting Board approval of a new CTE course, Public and Community Health. This course will be based upon a UCOP-approved College-Preparatory Elective (“g”) Interdisciplinary - Public and Community Health course. This course integrates neatly with Academy of Medicine and Public Service’s focus on Public Health. 

BACKGROUND INFORMATION:
This is an introductory course designed to give students an overview of many aspects of public and community health with a focus on diet-related disease. The emphasis of this course is to provide students with an engaging, project-based, community-focused learning experience. Students will learn and practice the public health approach including surveying and defining health issues, identifying risk and protective factors, and developing and evaluating interventions. Through these projects, students will cover topics including epidemiology, study design, community mapping, policy development, prevention effectiveness, and health education. 

In the second semester, students will use the skills and knowledge they developed in the fall to plan and implement a public health initiative or intervention on campus. Some examples of student ideas for projects include peer-to-peer social media-based nutrition education, creating a healthy snack cart for passing periods, and student-lead cooking classes. Students will work in groups and be tasked with designing, delivering, and evaluating their campaigns. This will allow students to apply their learning by completing the public health approach. 

This course will support student interest and industry demand for public health professionals, and connect the K- 8 Gardening and Cooking Program to the Academy of Medicine and Public Health. 

STAFF RECOMMENDATION:
Approve new course request. 


 
Attachments:
Letter of Support
12.19. Approval of Proposed Mural Project for Thousand Oaks Elementary School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM: Donald Evans, Ed.D., Superintendent
DATE: June 13, 2018
SUBJECT: Mural Project for Thousand Oaks Elementary School

BACKGROUND:
A 27-foot by 9-foot mural, “Women and Girls Who Make an Impact,” has been proposed for placement on an exterior wall in the northwest corner of the main courtyard of Thousand Oaks Elementary School. The artist for the proposal is Miriam Stahl, teacher at Berkeley High School. A special 7-member Review Board was appointed in accordance with BP 7151, Public Art Policy. The Review Board reviewed the proposal, visited the proposed location at the school site and unanimously recommended that it be approved.

The members of the Review Board were:

  • Jen Corn, Principal

  • Pete Gidlund, BUSD Visual and Performing Arts (VAPA) supervisor

  • Suzanne McCulloch, former BUSD VAPA supervisor

  • Gale Antokal, artist, Berkeley resident and professor at San Jose State University

  • Jeni Wendel, Thousand Oaks teacher

  • David Kerr, Thousand Oaks parent

  • Aaron Wright, Thousand Oaks custodian and parent

A detailed project proposal, including a description of how the project would meet the criteria set forth in BP 7151, and a summary of the Review Board’s meeting and recommendation are attached. Please note that the Review Board report encompasses both this project and another art project, a proposed tile project, that also would be installed at Thousand Oaks Elementary School, and is also on tonight’s Consent Calendar.

RECOMMENDATION:
Approve the proposed mural.

FISCAL IMPACT:
None for the District. (Funding from a local donor and the PTA)

ATTACHMENTS:

  • “Proposed Mural at Thousand Oaks,” detailed description of the project

  • “Review Board Recommendation,” summary of Review Board meeting and recommendation

 
Attachments:
Proposed Mural at TO
Review Board Recommendation
12.20. Approval of Proposed Tile Project for Thousand Oaks Elementary School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed.D., Superintendent
DATE: June 13, 2018
SUBJECT: Tile Project for Thousand Oaks Elementary School

BACKGROUND:
An art project, “Eastern Redbud Tree Clay Tile Project,” has been proposed for placement on the inner face of a low wall ringing a small upper courtyard at Thousand Oaks School. It would consist of about 80 low-relief tiles, 4 inches by 7 inches each, made by the school’s first-graders. The tiles would be spaced apart and aligned in a horizontal row around the wall. The artist for the project is Kalen Meyer, a professional artist and after-school art teacher. A special 7-member Review Board was appointed in accordance with BP 7151, Public Art Policy. The Review Board reviewed the proposal, visited the proposed location at the school site and unanimously recommended that it be approved.

The members of the Review Board were:

  • Jen Corn, Principal

  • Pete Gidlund, BUSD Visual and Performing Arts (VAPA) supervisor

  • Suzanne McCulloch, former BUSD VAPA supervisor

  • Gale Antokal, artist, Berkeley resident and professor at San Jose State University

  • Jeni Wendel, Thousand Oaks teacher

  • David Kerr, Thousand Oaks parent

  • Aaron Wright, Thousand Oaks custodian and parent

A detailed project proposal, including a description of how the project would meet the criteria set forth in BP 7151, and a summary of the Review Board’s meeting and recommendation are attached. Please note that the Review Board report encompasses both this project and another art project, a proposed mural, that also would be installed at Thousand Oaks and is on tonight’s Consent Calendar.

RECOMMENDATION:
Approve the proposed tile project.

FISCAL IMPACT:
None for the District. (Funding from the PTA and Berkeley Public Schools Fund)

ATTACHMENTS:

  • “Proposed Tile Project at Thousand Oaks,” detailed description of the project

  • “Review Board Recommendation,” summary of Review Board meeting and recommendation



 
Attachments:
Proposed Tile Project at TO
Review Board Recommendation
12.21. Approval of Board of Education Meeting Minutes for February 28, 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 28, 2018

 

President Daniels called the meeting to order at 7:35pm. He reported that the Board convened to Closed Session at 5:32 pm.
 
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 54956.9(a)) –Two (2) Potential Cases
 
The Board discussed and gave staff direction on both potential cases.
 
President Daniels noted that only Vice President Appel and Directors Hemphill and Leyva-Cutler were present for the first potential case.
 
Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
 
Case No. 110900233
Motion to approve staff recommendation :
Leyva-Cutler/Hemphill and approved 3-0:
Josh Daniels, President – Absent
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director -- Absent
 
Case No. 16-088952, 16-008951
Motion to accept staff recommendation:
Alper/Leyva-Cutler and unanimously approved 5-0.
 
Case No. DSC1503595
There was no discussion on this item.
 
Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Section 54956.9)
Alper Moved to approve staff recommendation to issue notice of intent to dismiss and to approve statement of charges for certificated employee. Motion seconded by Hemphill:
Alper/Hemphill and unanimously approved 5-0. 
 
Collective Bargaining Government code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
The Board discussed and provided direction.
 
Collective Bargaining Government code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BFT Negotiations

The Board discussed and provided direction.
 
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 discussed and provided direction.

OPEN SESSION
 
APPROVAL OF REGULAR MEETING AGENDA
 

Motion to approve agenda:
Alper/Appel and unanimously approved


PUBLIC TESTIMONY

A total of six people addressed the Board:
Five comments in support of BTA
One comment advocating for additional support at Longfellow
 
BOARD MEMBER AND SUPERINTENDENT COMMENTS
 
Director Leyva-Cutler read aloud a statement on behalf of the Board addressing the recent ICE raids that have taken place in the Bay Area. She shared some resources with the community and expressed the Board’s support of our affected families.
 
Director Alper reported that he attended a day-long retreat along with RJ and intervention counselors, administrators and safety officers. The retreat’s focus was on restorative justice particularly at the secondary level. He thanked Associate Superintendent Scuderi for his leadership in organizing the retreat. He also reported that he attended the first meeting of the Extended Learning Task Force, a committee comprised by parents, district staff and community members charged with making recommendations to the Superintendent about how to improve the after school and summer school programs to better meet our equity goals.
 
Vice President Appel will hold office hours on the 3rd Saturday of March. She thanked Director Leyva-Cutler for her statement.
 
Director Hemphill will hold office hours on March 10, 10am at Café Leila. She encouraged the members of the public to stay for the forthcoming presentation on U9.
 
President Daniels shared that during its annual retreat, the Board identified budget cuts, special education and secondary offerings, which include BHS reorganization, CTE, and BTA/BIS restructure, as the top three priorities this calendar year. So far the Board has dedicated substantial discussion time to budget cuts and has approved almost $1.8 million in ongoing reductions. This priority is not completely off the table as the Board will look at potential ongoing expenditures during its April meeting. Tonight, BHS will provide an update on its U9 program, and there will be updates on CTE and on the BTA/BIS restructure at subsequent meetings. Updates on the special education will also be provided at subsequent Board meetings.
 
Superintendent Evans acknowledged the BTA community and reassured them that the new restructure is an opportunity to strengthen the program.
 
CONSENT CALENDAR
Motion to approve the Consent Calendar:
Appel/Alper and unanimously approved 6-0.
 
Update on Implementation of BHS Universal 9th Grade Program
Allotted time: 45 min
Actual time: 65 min

 
BHS Principal Erin Schweng and BHS U9 Lead Teacher Hasmig Minassian reported that they held two successful information nights and they have visited all middle schools as part of their ongoing outreach. They provided a brief overview of the components of U9 and reported that they have been focused on curriculum development. They have met with 8th grade counselors to coordinate a smooth transition for incoming high school students. They noted that an earlier hiring of teachers would aid in a smooth transition as the goal is for teachers to know what students will be in their hives by June. Their presentation also highlighted the kind of fiscal support that will be necessary in order to sustain the BHS redesign They closed by remarking how exciting it is to employ the most up-to-date educational research at Berkeley High. Questions and discussion followed.
 
District Wide School Safety Projects
Allotted time:30 min
Actual: 40 min

Director of Facilities Tim White presented a proposed student-staff campus safety project. Currently there are columbine locks installed as part of a piecemeal project that was approved in 2013. In light of increase in school shootings, the goal is to install all columbine mechanisms at once. The funding request if for $2 million from the general obligation bond. These plans have been drawn out in collaboration with site staff. Questions and discussion followed.
 
Motion to approve $2 million for this project:
Alper/Leyva-Cutler and unanimously approved 6-0.
 
Solicit Answers to Trivia Question
 
Facilities Master Plan Request for Proposal
Allotted time: 30 min
Actual time: 25 min
 

Director of Facilities Tim White reported that we are currently in the second phase of the facilities master plan approved two years. Proposed components of updated plan include an educational facilities program needs assessment and an integrated planning document. The funding request is for $400,000 out of Measure I allocation. Following approval, proposals will come before the Board for review in late March and for final adoption in late April. Questions and discussion followed.
 
Motion to approve staff recommendation:
Alper/Daniels and unanimously approved 6-0.
 
Berkeley USD’s Hiring Timeline
Allotted time: 15 min
Actual time:  20 min

 
Assistant Superintendent of Human Resources Tamondong-Bradley and Director of Human Resources Brent Daniels Presented an overview of HR’s goals with respect to hiring timelines. Bradley explained that there is a collaborative, inter-departmental process that takes place in order to sustain the teacher hiring practices. They highlighted some of the challenges in previous fiscal years, and presented new hiring practices based on challenges and reflections.
 
Alper requested that an update on this is presented in June.
 
Motion to extend meeting to 11:30pm:
Alper/Appel and approved on a 4-1 vote:
Josh Daniels, President – No
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes
 
EXTENDED PUBLIC COMMENT:
One comment regarding BTV.
 
ADJOURNMENT
11:30pm

 
12.22. Approval of Board of Education Meeting Minutes for March 14, 2018
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
 
Official Minutes
March 14, 2018

  

President Daniels called the meeting to order at 7:44pm. He reported that the Board convened to Closed Session at 5:46 pm.
 
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:

Consideration of Student Expulsion (Ed Code Section 48918 (c))
Case No. 1718-02-070402
Motion to approve staff recommendation to expel student:
Alper/Hemphill and unanimously approved 5-0.

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
Case No. DSC1503595
The Board discussed this matter and gave direction to staff.
 
Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
The Board discussed this matter and gave direction to staff.
 
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 did not address this matter.
 
OPEN SESSION
 
APPROVAL OF REGULAR MEETING AGENDA

 
At the request of Leyva-Cutler consent item 12.13 to action in order to recuse herself from voting on the item.
 
Motion to approve agenda as amended:
Leyva-Cutler/Alper and unanimously approved 5-0
 
PUBLIC TESTIMONY
A total of 11 people addressed the Board:
 
Two comments in support of Resolution 18-021 calling for the improvement and expansion of child care and early education funding.
 
Eight comments advocating for dance class
 
One comment on the report on special education
 
UNION COMMENTS
BCCE President acknowledged the national student walkouts that took place in support of student safety. She said that student safety should be the paramount priority. She added that relying on substitute employees does not contribute to the absolute safety of out students and staff.
 
BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Nagrajan-Swenson expressed her pride for the empowering walkout that took place at BHS. She thanked the Board members who were there to support.
 
Director Hemphill said how blown away she was by the leadership and commitment of our students at BHS. She referenced item 12.12, a resolution in support of school safety which supports what our students are doing. She announced the oratorical competition will be on March 25. She also announced that preparation for the celebration of the 50th Anniversary of the African American studies department is under way. She will share more information as details become available.
 
Director Leyva-Cutler commended the student leaders for organizing the BHS walkout. She announced that the Cesar Chavez contest will begin in April. She clarified that her recusal from item 12.13 is due to her role as an early childhood education director. She looks forward to the support that will result from this initiative.
 
Vice President Appel referenced Betsy DeVos 60 minutes special as a way to put into perspective the kind of leadership in place that is supposed to support and improve education for all. She noted that everything DeVos stands for goes against what we stand for in BUSD.
 
President Daniels encouraged all to attend the March 28 Board meeting which our student director will be chairing. He added that given the nationwide demonstrations, it makes sense that BUSD leads the effort to empower and enfranchise our students.
 
CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Hemphill and unanimously approved 6-0.
 
Update on Special Education Report
Allotted time: 45 min
Actual time: 47 min

 
Associate Superintendent Pasquale Scuderi presented an overview of the efforts that have been made to address the findings from the special education report presented at the December 6 meeting.  Special education was identified as a priority for the 2017-18 school year. He noted that per student expenditures are rising faster than funding. He reported that the hiring timeline and process for the executive director closes on April 18. During this transitional period in leadership, he said that the procedural manual is an area of focus. The SpEd agency is working with the Superintendent to revise procedural manuals for a number of school district to ensure consistency in policies and procedures. With respect to the review of medical billing and procedures, transportation is being explored as a reimbursement option. There is also a recommendation for a district-wide parent community advisory committee. We will solicit membership as of April 1. Questions and discussion followed.
 
Local Control and Accountability Plan (LCAP) Recommendations (Discussion)
Allotted time: 30 min
Actual time: 32 min

 
Director of Programs and Special Projects, Dr. Pat Saddler presented recommendations for the discontinuation and modification of services under LCAP. The recommendation is to discontinue investing into the Professional Learning Communities (PLCs), allowing for collaborative time instead; and to discontinue the summer literacy programs. With respect to recommendations for modifications, she is proposing a reduction of one BHS intervention counselor, reduction of EL FTE at Rosa Parks, and reduction of a .6 FTE math coach at BHS. There is also a recommendation to employ one-time funding for school welfare and attendance specialist position, a restorative justice coordinator, and green dot training. Recommendations for new services will be presented in April.
 
Solicit Answers to Trivia Questions

 
Update on Berkeley High School Health Needs Assessment (Discussion)
Allotted time: 30 min
Actual time: 26 min

 
Director of Programs and Special Projects, Dr. Pat Saddler presented key finings identified in the mental health survey conducted among BHS students serviced.  Her presentation highlighted data and identified areas of growth.
 
Certification of Second Interim Report for the Period Ending January 31, 2018 (Action)
Allotted time: 20 min
Actual time: 22 min

 
Interim Assistant Superintendent of Business Services reported that the first interim predicted an increase. There has been a significant increase in enrollment since the first interim’s projections. She presented projections for the next three fiscal years noting that 18-19 projections do not take account budget priorities. She added that a significant revenue increase is projected in 19-20, and noted that projections for 19-20 and 20-21 do not take into account salary increases. She also presented additional considerations.
Questions and discussion followed.
 
Motion to approve the second interim report for the period ending January 31, 2018:
Daniels/Alper and unanimously approved 6-0
 
Motion to extend the meeting until 11:10pm:
Daniels/Appel and unanimously approved 6-0.
 
First Reading of Policy Regarding Student Interviews by District Counsel (Discussion)
 
This item was tabled
 
Vote for Delegate to the California School Boards Delegate Assembly (Action)
Allotted time: 5 min
Actual time: 3 min

 
As a current delegate to the California School Boards Delegate Assembly, Leyva-Cutler recommended Valerie Arkin, Amy Miller, Desrie Campbell, and Annette Walker.
 
Motion to approve Leyva-Cutler’s recommendation:
Appel/Alper and approved 6-0
 
Approval of Resolution 18-021 in Support of Improving and Expanding Child Care and Early Education Services in Alameda County

 
Prior to any discussion or action, Director Leyva-Cutler recused herself and left the meeting room.

Motion to approve Resolution 18-021 in support of improving and expanding child care and early education services in alameda county:
Appel/Hemphill and approved 5-0.
Motion to approve Resolution 18-021:
Josh Daniels, President –Yes
Judy Appel, Vice President –  Yes
Beatriz Leyva-Cutler, Director/Clerk – Recused herself
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes
Uma Nagarajan-Swenson, Student Director, BHS – Yes
 
EXTENDED PUBLIC COMMENT
 
One comment advocating for math support
 
Two comments in support of dance at Cragmont elementary
 
ADJOURNMENT 11:05pm



 
12.23. Approval of Board of Education Meeting Minutes for Mach 28, 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
March 28, 2018

 

President Daniels called the meeting to order at 7:30. He reported that the Board convened to Closed Session at 6:00pm.
 
Roll Call

Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – Present (8:05pm)
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:
 
Consideration of Student Expulsion (Ed Code Section 48918 (c))

Motion to expel student consistent with direction provided to staff in closed session for the suspended expulsion for a period of time and other conditions :
Daniels/Leyva-Cutler and approved 3-1:
Josh Daniels, President – Yes
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director -- No
 
Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
The Board discussed this matter and gave direction to staff.
 
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 did not discuss this matter.
 
OPEN SESSION
 
APPROVAL OF REGULAR MEETING AGENDA

 
At the request of Daniels, item 12.12 was pulled from consent and will follow item 15.
Motion to approve agenda as amended:
Alper/Daniels and unanimously approved 5-0.
 
PUBLIC TESTIMONY
A total of 17 people addressed the Board:

Six comments in support of keeping dance for 4/5 grades at Cragmont
Seven comments in support of vote 16
One comment opposing reduction of safety officers at BHS
One comment opposing clustering practices at Rosa Parks
Two comments regarding bullying
 
UNION COMMENTS
BCCE President Paula Phillips shared that she participated in March for Our Lives in Santa Ana. She commented in opposition to the resolution to eliminate two school safety officer position at BHS.
 
BOARD MEMBER AND SUPERINTENDENT COMMENTS
 
Director Leyva-Cutler thanked all students who came out tonight. She will hold office hours on April 9 at Casa Latina. She announced the Chavez-Huerta essay contest will take place March 11-April 30.
 
Director Hemphill announced that the 50th Anniversary of the African American Studies department planning is underway. She reported that last week’s oratorical fest was a success. She also announced that the annual celebration of black student excellence will be held. Students with a 3.0 GPA and higher will be recognized. She will hold her next office hours on April 14.
 
Vice President Appel remarked that we are approaching the 50th anniversary of Martin Luther King’s assassination. She shared that she saw a film about him that highlighted parallels both in the problems that persist today among those who continue to fight for justice.
 
Director Nagarajan-Swenson shared how impressed she was with her peers’ civic engagement. She participated in the March for Our Lives and is excited to see so many of her peers present tonight. She reported the BHS elections have concluded and Armin will be succeeding as BHS rep to the Board.
 
Superintendent Evans acknowledged the students present tonight.
 
CONSENT CALENDAR
Motion to approve the Consent Calendar:
Daniels/Leyva-Cutler and unanimously approved 6-0.
 
Update on Vote 16 Efforts – Discussion
Allotted: 30 min
Actual: 35 min

BHS Vote 16 students presented an update on the efforts relative to increasing civic engagement among 16 and 17 year olds. They shared that a number of events that transpired led them to see the importance of having their voices heard regarding the many decisions that are made that directly impact them. The City Measure is a positive step towards giving 16 and 17 year olds a voice beyond a public comment period as students have a unique perspective and the capacity to understand the needs of their peers. They reported that they have been visiting classrooms, connecting with peers directly, registering peers to vote, and tabling at various community events. They have been awarded a grant to ensure follow-up. In four weeks they registered 347 students to vote in the school board elections. They requested that the Board send a letter to the County in support of the implementation of Measure Y1. Questions and discussion followed.
 
The Board agreed to write a letter in support of the implementation of Measure Y1.
 
Le Conte School Renaming Update – Discussion (20 min)
Allotted time: 20 min
Actual: 36 min

 
Director of Communications Natasha Beery reported that the Superintendent’s Advisory Committee has met three times as required by the AR. The committee sorted through 118 names (76 names of people and 42 phrases, places and groups) and developed a brief paragraph of each name. A straw poll was conducted and name list was narrowed was narrowed down 20 names, then to seven. She provided an overview of the criteria used to narrow down list of names. The top seven names are Dolores Huerta, Ruth Acty, denise brown, Sylvia Mendez, Arco Iris, Mamie Tape, and Ohlone.
 
Three final names will be presented for Board decision in May. Question and discussion followed.
 
Solicit Answers to Trivia Question
 
12.12 – Expenditures of BSEP Funds for class size reduction and support for teaching in 2018-19
President Daniels explained that on February 21 when the Board approved close to $1.8 million in cuts, it also approved transferring expenditures from the General Fund to the BSEP fund. He added that for purposes of BSEP there would have to be some conversation by the P&O committee around how to adjust to those additional expenses. At the time, one of the recommendations was to elimination the BREA director position. Item 12.12 is in line with such recommendation. He submitted that as a district which is trying to improve the way it serves its students with the highest needs, it is important to be data driven, which in turn requires data analysis. Thus, it is also short sighted to reduce our ability to make data driven decisions given the high need to do so even now. Over the long term, he said this may be an FTE we will wish to bring back.
 
Vice President Appel asked if the Board had to make a decision tonight. She expressed needing more time to find out if there are any other staffing configurations that have been considered that involve keeping the director position and reducing a TSA instead.
 
Superintendent Evans responded that all viable options have been considered and discussed. Delaying action on this item, also delays our hiring ability.
 
Motion to approve staff recommendation for expenditures of BSEP Funds for class size reduction and support for teaching in 2018-19:
Alper/Leyva-Cutler and approved on a 5-1 vote
Josh Daniels, President – No
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director – Yes
Uma Nagarajan-Swenson, Student Director, BHS – Yes
 
First Reading of Policy Regarding Student Interviews by District Counsel – Discussion
Allotted time: 15 min
Actual time: 10 min

Director Alper explained that this policy is coming before the Board with some changes since it was last presented last year. The policy directed staff to move forward with authorizing student interviews even if they were unable to reach parent when attempted. The revised BP explicitly states that district counsel can interview a student only once parental consent has been obtained.  
 
Appel suggested detailing what happens in the event that parent’s contact information is outdated.
 
Update on the Implementation of Next Generation Science Standards– Discussion
Allotted time: 30 min
Actual time:  26

 
Ms. Lens, Ms. Simon-O’Neill and Mr. Wolkenfeld presented an update on the implementation of Next Generation Science Standards. They reported that in its beginning stages, there are currently science specialists teaching across BUSD in 4/5 grades and sporadically in 2/3 grades as needed. Their presentation provided an status at the elementary, middle and high school detailing next steps at each level. They noted that at the middle school level, they are currently in the final year of the three-year rolling out of the curriculum. Teachers need additional time for collaboration as it takes years to develop cohesiveness. Questions and discussion followed.
 
Update on Professional Development for Certificated Teachers – Discussion

Allotted time: 30 min
Actual time: 32 min

 
Suzanne Reed, Maggie Riddle, and Karen Zapata provided an update on the professional development for certificated teachers. Their presentation provided on overview of the professional learning focus across the different grades and in alignment with each of the three LCAP goals.
 
Alper moved to extend open session to 11:10pm. Seconded by Appel and approved without objection.
 
ADJOURNMENT
11:10pm





 
12.24. Approval of Board of Education Meeting Minutes for April 11, 2018
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
 
Official Minutes
April 11, 2018

 

President Daniels called the meeting to order at 8:05 pm. He reported that the Board convened to Closed Session at 5:32 pm.
 
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 54956.9) – One (1) Potential Case
The Board discussed and gave direction to staff relative to this matter; no action taken.
 
Parent/Student Challenge to Content of Pupil Records (Ed Code Section 49070(c))

Motion to expunge suspension from pupil’s records:
Alper/Hemphill and unanimously approved on a 4-0 vote:
Josh Daniels, President – Yes
Judy Appel, Vice President – Recused
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director – Yes
 
Public Employee Discipline/Dismissal/Release (Government Code Section 54957)
 
Employee requested to address the Board regarding charges against him in open session.
 
Assistant Superintendent of Human Resources stated that the administration is seeking the dismissal of employee ID No. 8471. She proceeded to read  aloud the statement of charges against him.  
 
The employee addressed the Board regarding statements and charges against him.
 
President Daniels asked if there was anyone present to give public comment.

Three people came forward and addressed the Board in support of the employee.
 
The Board recessed back into closed session to deliberate on this matter and to address the remaining closed session items. President Daniels noted that the Board’s vote on this matter would take place at the time of open session.
 
Vote during open session:
Alper moved to table this item and provide direction to staff consistent with the Board’s discussion in closed session. Motion seconded by Appel. Motion passed on a 4-1 vote:
Josh Daniels, President – Yes
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – No
Ty Alper, Director – Yes
 
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 did not discuss this item. 
 
Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations
The Board discussed and gave direction to staff. No action was taken. 
 
OPEN SESSION
 
APPROVAL OF REGULAR MEETING AGENDA

 
Motion to approve agenda:
At the request of Appel, item 17 was postponed to the next meeting;
Appel/Daniels and unanimously approved 6-0.
 
PUBLIC TESTIMONY
A total of six people addressed the Board:
 
One comment regarding REALM.
One comment thanking the Board for its support of the MEET program.
Two comments regarding BHS math.
One comment regarding staff shortage within the AA studies program at BHS, requesting funds for the 50th anniversary.
One comment in support of the hiring of a math coordinator at BHS.
 
UNION COMMENTS
BCCE President Paula Phillips commented on failure to reach agreement with BUSD for an ongoing raise in compensation for classified employees. She referenced the sunshine statement which states BUSD’s disposition to reach an agreement. She will confer with BCCE members to see how they will move forward in their pursuit of increased compensation.
 
BOARD MEMBER AND SUPERINTENDENT COMMENTS
 
Director Hemphill announced that planning for the 50th anniversary of the African American studies department is in progress. She also announced the college fair hosted by the OFFE.
 
Vice President Appel will hold office hours on the 21st. She thanked the folks who met with her to talk about the math program.
 
Director Leyva-Cutler announced the Chavez-Huerta commemorative period will conclude with an essay/poetry contest on April 24th.

President Daniels acknowledged Emerson Elementary for being named a distinguished school. He also acknowledged that the Superintendent was recently given an award by the California Association of African-American Superintendents & Administrators (CAAASA).
 
CONSENT CALENDAR
Motion to approve the Consent Calendar:
Appel/Leyva-Cutler
 
Update: Development of Restorative Justice in BUSD – Discussion
Allotted time: 45 min
Actual time: 40 min

Associate Superintendent Scuderi provided an update on the restorative justice (RJ)efforts in BUSD. He reported that the first retreat on RJ focused on prevention and school culture. He noted that there has been some foundational work done by the matrix committee which met throughout 2017. It provides a guide to Intervention supports and a draft road map for implementation. Thus far they have been able to add a full time credentialed counselor at the middle school and high school. He provided an update on current and ongoing work. He remarked that one of the challenges in developing a comprehensive RJ plan was how to address some of the behaviors that in the past have resulted in suspension. Questions and discussion followed
 
Public Hearing for REALM Charter School’s Request for Material Revision (Time Certain: 9pm)
Allotted time: 15 min
Actual time: 22 min

 
Interim Associate Superintendent Follansbee noted that the material revision request is separate from the notice of violation.
 
REALM’s Executive Director Victor Diaz provided presented multi year projections in the event that schools are consolidated. He explained that this would result in a positive ending balance. He reported that they have secured a location whose lease and other associated cosrs are reflected in the budget.
 
President Daniels opened public hearing on this item at 9:40pm:

One comment regarding the culture of administration at REALM.
President Daniels closed hearing at 9:43pm.
 
Questions and discussion followed.
 
Solicit Answers to Trivia Question
 
Continued Discussion on Recommended Ongoing and One-Time Budget Proposals for 2018-19 from Base Grant (Unrestricted General Fund)
Allotted time: 30 min
Actual time: 52 min

 
Interim Assistant Superintendent of Business Services Follansbee and Associated Superintendent Scuderi presented additional recommendations for ongoing and one-time funding. Newly added is a request for one-time funding of $25,000 applied to the 50th annual celebration of the African American studies program.
 
Proposed new ongoing:
Bilingual sub teacher long term (120k)
Clerical support for title IX office (60k)
Clerical support for K-8 schools director
 
Much of the discussion centered around whether the proposed bilingual long-term sub position should be site-specific or district wide.
 
Alper suggested implementing it as a pilot to have an opportunity to measure its value and determine how to proceed at the end of the year.
 
With respect to one-time funding:
Daniels proposed looking at TO program transition support.
 
These additional considerations will come back for action.
 
Daniels moved to extend open session until 11:10pm. Motion seconded by Appel and approved without objection.  
 
2018 Quarter 1 School Board Self-Reflection
This item was postponed.
 
Public Hearing for and Approval of Successor Agreement Between the District and Berkeley Council of Classified Employees (Time Certain: 10pm)
Motion to approve successor agreement between BUSD and BCCE:
Appel/Leyva-Cutler approved 5-0
 
ADJOURNMENT
11:10



 
13. Local Control and Accountability Plan (LCAP)- Public Hearing (8PM) - Discussion (30 min)Was edited within 72 hours of the Meeting
Time Certain:
8:00 PM
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:                Donald Evans, Ed.D., Superintendent
FROM:            Pasquale Scuderi, Associate Superintendent
                        Pat Saddler, Ed.D., Director, Programs and Special Projects
DATE:             June 13, 2018
SUBJECT:       Local Control and Accountability Plan (LCAP) - Public Hearing 

BACKGROUND INFORMATION:
On April 25th, staff presented draft recommendations for the 2018-2020 draft LCAP. On May 9th, staff presented the first draft of the LCAP template and the executive summary.  The version tonight reflects the recommendations from the Board, Ed Services, and the stakeholders.  Staff met with the Review Team from Alameda County Office of Education and received positive feedback on the draft plan that included a request that the recommendations from the Technical Assistance for the McKinney Vento (MKV) Student Group be incorporated into the section of the plan “Greatest Needs.”

Highlights from the 2018 LCAP Planning Cycle:

Stakeholder Engagement:  With the guidance of the stakeholders, the impact on the LCAP was as follows: The Stakeholder groups (PAC, DELAC, and EAC) requested more data presentations where every data point was broken out by Unduplicated student groups in order to quantitatively see the impact of the LCAP on each group.  Each priority point was measured by applicable metrics.  The stakeholders also requested that district staff develop clearer roles and responsibilities for all LCAP Funded Positions. This will be communicated to site administrators to increase accountability and to improve fidelity with implementation of the actions and services at each school site.   After a review of the student academic data, there was consensus from all stakeholders that there needs to be a larger investment in math intervention across all levels.  Reflectively, the stakeholders continue to support an increase in access to Restorative Practices, positive school culture and climates, stronger coordination of English language development and academic language development delivered in both designated and integrated instructional models, increased access to instructional materials and intervention materials, and increased parent engagement and education opportunities, and a goal for increased school attendance by Unduplicated students as well as a decreased numbers of expulsions and exclusionary discipline.

Increased Actions and Services:

  • Stronger implementation of a Response to Intervention and Instruction (RtI2) system of academic supports for students who are struggling to meet grade-level academic standards across all grade levels TK-8.   Provide innovative intervention, support classes and summer school.
  • Provide coordination and support classes at the Secondary level in mathematics to address the student needs that incorporate a digital universal screener and frequent progress monitoring for the students’ progress.
  • Coordination of Behavior Health Services will be expanded to BHS Health Center and will incorporate the MEET Model and stronger partnership with Berkeley Mental Health.
  • Provide math support to students at Sylvia Mendez and Thousand Oaks
  • Implement Positive School Culture/Climate Teacher Leaders at all TK-8 Schools, who will coordinate Restorative Practices, Toolbox, and Positive Behavior Intervention Support.
  • Increase opportunities for Instructional Classified Employees to receive professional development on common core curriculum and effective instructional strategies.
  • Provide equity-based professional development for all classroom teachers to equip them with instructional strategies to increase academic achievement for all students.
  • Continue to develop a classified teacher pipeline program to support the district’s commitment to increasing the number of teachers of color.
  • Hire an African American Success Project Manager to create a research-based service model that will explicitly develop a system to support, mentor and advocate for AA Students in grades 7 thru 12 and School Welfare and Attendance staff for middle and high school (2).
  • Establish a progress monitoring system for English Learner Students to ensure consistent progress towards reclassification and academic success.
  • Provide professional development for the staff who have implemented the newly adopted curriculum AVID - EXCEL for Long Term English Learners in grades seven and eight.
  • Provide professional development for all teachers on "Integrated ELD instructional model," including all special education teachers.
  • Fund the LEAP Teacher for Berkeley High School U-9.
  • Develop a system in Illuminate to closely monitor the academic progress of the MKV Students, this would include attendance, grades, district assessments and intervention participation

ATTACHMENTS: 
Proposed LCAP Staffing Summary
Proposed LCAP Budget for 2018 

POLICY/CODE:
BP 0649

FISCAL IMPACT:
None at this time

STAFF RECOMMENDATION:
Review the draft of the Local Control and Accountability Plan and Budget.

 
Attachments:
2017-20 LCAP Budget Projection
2018-19 LCAP Staffing Allocation Projection
Presentation
14. Public Hearing (8:30PM) for Preliminary Budget for Fiscal Year 2018-2019 - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        June 13, 2018
SUBJECT: Public Hearing for Preliminary Budget for Fiscal Year 2018-19

BACKGROUND INFORMATION:
Staff is presenting the Preliminary Budget Report for fiscal year 2018-19 to the Board for discussion. A Public Hearing on the preliminary budget will also take place. The 2018-19 budget must be approved by the Board prior to July 1, 2018. The 2018-19 Budget and any adjustments required, will be presented for approval by the Board at the next board meeting to be held on June 27, 2018. The following certifications may be assigned:

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

Staff prepared the preliminary budget, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The preliminary budget contains the following documents for review and consideration by the governing board and will be presented by staff:

  1. Assumptions
  2. Variance Report
  3. Comparative Reports
  4. District certification of Preliminary Budget
  5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
  6. Form 11I–67I for all other district funds
  7. Form AI – Average Daily Attendance
  8. General fund Multi-year projection using the MYP software (under separate cover)
  9. Criteria and Standards

This Preliminary Budget along with the Multi-Year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years. Therefore, staff is presenting the Preliminary Budget to the Board with a positive certification.

The 2017-18 Estimated Actual (budget) are also included with the Preliminary Budget, and includes adjustments made since 2017-18 Second Interim Budget 2017.

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

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
The Preliminary Budget for 2018-19 is being presented to the Board for information.


 
15. Solicit Answers to Trivia Question
16. Adoption of Phonics/Phonemic Awareness Program for Grades K-3 -Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: The School Board
FROM: Superintendent Donald Evans
PRESENTERS: Maggie Riddle, Director of TK-8 Schools; Susanne Reed, Coordinator, TK-8 Professional Development
DATE: June 13, 2018
SUBJECT: Adoption of Phonics/Phonemic  Awareness program for Grades K-3

PURPOSE:
Approval to adopt Fast Track Phonics Program for grades K-3

BACKGROUND:  
Research, including The National Reading Panel findings, show that students who receive systematic and explicit phonics instruction develop as better readers than students who received non-systematic or no phonics instruction.  

Systematic reading programs include the following essential components of reading:

  • Phonemic Awareness. Phonemes, the smallest units making up spoken language, combine to form syllables and words

  • Phonics

  • Fluency

  • Vocabulary

  • Comprehension

  • Spelling

Phonics and phonemic awareness instruction are critical parts of a balanced literacy program. Instruction in phonics and phonemic awareness supports vocabulary development and reading fluency. Explicit phonics instruction focuses on teaching sound/spelling correspondences directly and systematically

Phonics involves the relationship between sounds and their spellings. The goal of phonics instruction is to teach students the most common sound-spelling relationships so that they can decode, or sound out, words. This decoding ability is a crucial element in reading success.

Phonemic awareness, the students’ ability to hear and manipulate the sounds, improves students’ word reading and comprehension and is essential to learning to read in an alphabetic writing system because letters represent sounds.

Phonemic awareness instruction helps students learn to spell.

Both phonics and phonemic awareness are strong predictors of children who experience early reading success.

BUSD’s current elementary reading and writing program, Teachers College Reading and Writing Program (TCRWP), does not include explicit phonics instruction or an articulated spelling program.

TCRWP does support student learning in reading comprehension, fluency and vocabulary development.

For many years BUSD has struggled with a pronounced achievement/opportunity gap that is largely race and language based. Too many of our African American and English Language Learner students are not meeting grade-level reading proficiency by the end of 3rd grade. Research shows that students who do not read proficiently by the end of third grade continue to struggle with reading throughout the rest of their education. Explicit phonics instruction is an essential component of a balanced literacy program that will address the learning needs of our diverse learners and play a crucial role in ending the reading gap.

Recent data regarding reading achievement in BUSD is attached to this document.

This year Educational Services embarked on an adoption process for a K-3 explicit phonics program. Staff reviewed 8 phonics programs.  Three programs that met criteria for explicit phonics instruction were piloted by 33 K-3 classroom teachers. The three programs are: Wilson, Fast Track, and Go Phonics.

RECOMMENDATION/QUESTIONS FOR THE BOARD:

Adopt Success for All’s Fast Track Phonics Program for implementation in the 2018-2019 school year in all BUSD K-3 classrooms.  

NEXT STEPS:

•Purchase Fast Track Phonics for BUSD K-3 classrooms

•Begin professional development for K-3 teachers, instructional specialists, Special Education teachers and elementary principals during August and continuing throughout the 2018-2019 school year.

• Incorporate Fast Track Phonics to the TCRWP curriculum in word study, shared reading, shared writing and other essential workshop components throughout the 2018-2019 school year

FISCAL IMPACT:
$100,000

RELATED PAST BOARD ITEM:
Structured Literacy Program: Elementary Reading

ATTACHMENTS:




 
Attachments:
3rd grade data
Presentation
17. Bond and Special Tax Planning Update - Discussion (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:          Executive Cabinet
DATE:            June 13, 2018
SUBJECT:      Bond and Special Tax Planning Update

BACKGROUND INFORMATION:
The General Obligation Bonds of 1992, 2000 and 2010 have made a significant difference in the quality of our schools since 1992.  The Maintenance Special Tax of 2000 and 2010 have allowed the District to keep the schools well maintained.  Thanks to these two types of measures, the schools have been well built and well maintained. They have also provided some measure of fiscal relief to the General Fund by relieving it from the expense of the maintenance department, in addition to enabling the savings accrued from solar projects and other energy-saving projects, providing technology and furniture replacement, and allowing the District to fund emergency projects without the use of the General Fund.  

The current bond measure will likely run out of funds in 2022 with few expenses occurring after 2021. The maintenance special tax will expire in 2023.  In the past two election cycles, the Board has brought both a bond and special tax to the same election date. This is the first formal update of a proposed bond and special tax to go to the Board, although there have been many informal discussions about proposing a bond and special tax to go before the voters in 2020.  

The Board reviewed educational specifications in June 2016. The Board is being asked to approve a firm to develop a Facilities Master Plan at this Board Meeting. If the District wants to keep the option of proceeding with a 2020 bond and tax, it is time to initiate a steering group or Superintendent’s Measure Planning Workgroup.  This small group can help guide the master planner, including making refinements to the educational specifications, can help consider alternatives for a special tax, can review and direct the master planner on community outreach efforts and can review the draft of the report.  Subsequent to that period, a larger Superintendent Facilities Committee can be convened to broaden the discussion and to consider elements that may not be fully evaluated within the master plan (such as technology allocations, possible large equipment allocations and other ideas which might come from the public). Finally, efforts will be needed to do more detailed financial analysis prior to formal presentations to the Board, a survey will likely be conducted and the Board may make adjustments to the proposal prior to a final recommendation to the Board and ballot measures must be written. Attached to this document is an Appendix which lays out the tasks.

FISCAL IMPACT:
The Maintenance Special Tax provides a little more than $6.1 million in funding. The current bond was approved by the voters for $210 million. The size of a future bond is unknown at this time.  

RECOMMENDATION:
Receive and discuss a General Obligation Bond and Maintenance Special Tax Update.



 
Attachments:
Bond and Special Tax Planning Process Summary
18. Approval of 2018-19 Single Plans for Student Achievement - Action (15 mi)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent      
FROM:       Natasha Beery, Director of BSEP and Community Relations             
Dr. Patricia Saddler, Director of Programs and Special Projects
DATE:        June 13, 2018
SUBJECT: 2018-19 Single Plans for Student Achievement

BACKGROUND INFORMATION:
The Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) allocates 10.25% of the available revenues annually for School Site Programs:

The School Site Council (as described in Section 8.C) shall develop recommendations to allocate these revenues for the personnel, services and materials required to deliver effective and equitable opportunities for student engagement, enrichment, and achievement. (Section 3.B.iii) 

The California Department of Education requires every school participating in school-based categorical programs to have a Board-approved Single Plan for Student Achievement (SPSA) that must be revised annually based on current student data. The Principal at each site worked with School Site Councils (SSCs) to develop a comprehensive plan for the school, including the allocation of BSEP Site Program funds.

Strategic use of resources permits the funding of key elements in the plans. For example, each elementary school site contributes the funding for .25 FTE for a Literacy Coach from either BSEP site funds or Title I funds, the BSEP Professional Development resource provides another .25 FTE, BSEP Effective Student Support funds contribute .30 FTE, and LCAP funds provide .20 FTE to round out a full-time position at each elementary site. 

SSCs begin with a review of student data from previous years, with the assistance of the Berkeley Research Evaluation and Assessment (BREA) Office. In addition, some SSCs chose to gather community feedback independently. The District distributed a family engagement survey in March that focused on school climate and Local Control Accountability Plan (LCAP)-funded programs. Some SSCs were able to review the district survey results in April, though some sites were in the last stages of site and budget planning at that point and chose to use the data to inform next year’s process.

After reviewing data, the District’s LCAP-aligned goals and funding, and centrally allocated positions and programs, each SSC developed an action plan and identified strategies to address school needs using Federal Title I funds (if applicable), BSEP Site Discretionary funds, and any other available resources such as grants or PTA monies.

The site plans include the Child Development Program, the stand-alone TK at King CDC, each elementary, middle and high school (including the BSEP Plans for Berkeley High, Berkeley Technology Academy and the Independent Study Program).

At the elementary level, the increase in prep time to be given to 2nd and 3rd grade teachers district-wide affected the SSC planning process at many sites. In some cases, logistically and financially balancing the district-provided staff for this prep/enrichment expansion made existing programs (such as certain sections of Dance or Art) unsustainable in 2018-19.

For K-8 schools, in addition to standard site plan expenditures such as academic and enrichment staff and materials/supplies, many sites chose to support mental and behavioral health needs through funding counselor salaries or counseling contracts. Several sites also directed funds toward parent education, and one site proposed to use carryover funds to provide a late bus to allow intervention time for students who otherwise could not stay after school.

Berkeley High School’s BSEP Site Committee, comprised of the principal, teachers, parents, students, and classified staff, was able to continue funding each of the existing programs from 2017-18 despite increased staffing costs in almost every position; though funds were not sufficient to support a newly-requested Math 1 Intervention Case Manager position.

The total district-administered budget for these site plans is $3,037,961, of which BSEP School Site Allocations provide $2,699,060. The BSEP funds were provided based on a per-pupil allocation of $260, an increase over the $255 in 2017-18. All but 3 sites (Oxford, John Muir, and Longfellow) saw an increased allocation over 2017-18.

Each of the School Plans includes the following components:

  • A cover page listing all members of the School Governance Council and signed assurances that all regulations have been followed
  • School Vision and Mission
  • School Profile
  • Comprehensive Needs Assessment Components
  • Description of Barriers and Related School Goals
  • School and Student Performance Data
  • Planned Improvements in Student Performance (goals, action steps, and budgets)
  • Appendix A – Total Allocations and Expenditures by Funding Source
  • Appendix B – Total Expenditures by Type
  • Appendix C – Total Expenditures by Type and Funding Source
  • Appendix D – Total Expenditures by Goal
  • Attachment – School Site Budget Summary

The School Plans comply with the basic legal assurances for Title I as well as BSEP/Measure E1 of 2016. The Plans have been reviewed by the Office of Programs and Special Projects. The staff believes that each site has an understanding and ownership of its plan and has identified strategies to increase the performance of all students while accelerating the achievement of those who have not been succeeding in school.  

A summary of the 2018-19 Single Plans for Student Achievement for BUSD schools was presented to the BSEP Planning and Oversight Committee for review on June 5, 2018. The summary of plans is attached, and a copy of the comprehensive plans are available in a binder located at the Superintendent’s Conference Room for public viewing.  

SMART GOALS
In addition to the program endeavors outlined above, the following specific goals are intended to be measurable outcomes for the year 2018-19: 

  1. The BSEP Program Specialist and/or Director will attend at least one SSC meeting for each site, provide feedback to Principals and Chairs, and report to P&O on best practices.
  2. Produce educational materials around newly-revised K-8 SSC Bylaws, to be included in the Fall SSC Orientation.
  3. Begin revising Berkeley High School SSC Bylaws.
  4. Improve communication of the deadlines that inform SSC site plan and budget creation processes, to help site committees plan work and prioritize needs that enable meaningful decision making.

POLICY/CODE:
Education Code 52850-52863
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1) Section 3.B.iii. 

FISCAL IMPACT:
Approximately $3,037,961 in BSEP and Title I site funds.

STAFF RECOMMENDATION:
Approve the 2018-19 Single Plans for Student Achievement.

 
Attachments:
Budget Summaries
19. Information Items
19.1. Williams Quarterly Report (Q1, 2018)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:         Dana Clark, Compliance Officer and Title IX Coordinator
DATE:          June 13, 2018
SUBJECT:    Williams Quarterly Report (Q1, 2018)

BACKGROUND INFORMATION:
As a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met.

1)      There should be sufficient textbooks and instructional materials for all students, including English learners.

2)      School facilities should be clean, safe and maintained in good repair.

3)      All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaints procedure to follow if there is a concern that any one of them is not being met. 

Staff is now reporting that between January 1, 2018 and March 30, 2018 there were no Williams Complaints filed.

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 


 
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: June 8, 2018, 10:23 PM

The resubmit was successful.