1. Call to Order/Approve Agenda
2. Public Comment
3. Approve Board Policy Meeting Minutes for April 8, 2016 - Action
4. Student Discipline – Discussion (60 min)
5. BUSDs Response to Community-Focused Threats – Discussion (30 min)
6. District Interaction with Law Enforcement – Discussion (45 min)
7. Update Board Policy Calendar – Action 

BERKELEY UNIFIED SCHOOL DISTRICT 

Director Daniels called the Policy Subcommittee Meeting to order at 3:01pm.

Roll Call
Josh Daniels, Chair – Present
Ty Alper, Director – Present
Donald Evans, Superintendent – Present
Lyz Chairez, Recorder – Present

Approval of Agenda

Alper moved to address Recess Restriction first.
Motion to approve agenda as amended:
Alper/Daniels and unanimously 2-0.

Public Comment
Dana Clark, a parent, commented on the recess restriction policy with respect to the language recommendation, which she supports. She added that the last presentation left her feeling that the Board should give further direction about data gathering. Info should be broken down by school so that we know which school have reported it and which haven’t. She said that the policy does not make it clear that substitutes are receiving any training. The role of classified staff should also be clear. The disproportion in numbers is also a problem. It changes how students feel about school and it infringes on their rights.

A Public Council rep commented on the expulsion policy saying that it can be used as a state wide model. She suggested that it may be useful to include some citations. She’d like to hear more on the District’s thoughts on what a student’s suspension would look like. Under the investigation portion, police policies should be cross referenced.

Approval of Board Policy Meeting Minutes for Mar 8 & Mar 25, 2016
Alper/Daniels and unanimously approved 2-0

Recess Restriction
This version includes language agreed upon at a Board meeting in November of 2014. The policy committee will direct the Board to approve the language.

Motion to approve staff recommendation:
Alper/Daniels and unanimously approved 2-0

Student Discipline – Expulsion
Alper explained that while BP 5144 encompasses both suspensions and expulsions, the goal of this policy is to include some provisions for students going through the expulsion process and the accompanying education exclusion.

Craig commented that the language should include that the student should take responsibility for his/her actions.

Daniels added that this policy focuses on the student that is being expelled. He said we should think about how we incorporate the piece on restoring harm.

EXPELLABLE OFFENSES

Alper explained that we do not want to take away the District’s ability to expel; expulsion should be limited to extraordinary circumstances.

Cory said that the language needs to be really precise. She referenced CA Ed Code 48915 (a), which mandates an expulsion recommendation for a school site for certain offenses.

Participants discussed language with regards to mandatory expulsions v. discretionary mandatory expulsions.

Daniels added that the policy clearly define “District”.

SUSPENDED EXPULSIONS

Daniels suggested that “District shall seek to suspend the expulsion . . .” be taken out.

An EBCLC rep expressed concern with an expulsion case that is not mandated under the law.

Participants discussed the language.

The Public Council rep noted that we should be careful about sharing some information.

Cathy Campbell expressed the need to remove “complainant” as a way to refer to the victim.

EXTENSION OF SUSPENSION PENDING EXPULSION

Participants discussed the language in this section

Daniels added that a decision to extend a suspension should be justified in writing.

Participants discussed an appeal process.

The EBCLC rep said it was important to have a process in place for a student to have an opportunity to explain his/her actions as a way to reduce the suspension, thus his/her time out of school.

Daniels suggested implementing a process less formal than that of an appeal that would involve a meeting with the Superintendent. The focus should be placed on providing resources for the student while out of school.

We will revisit this policy at a later meeting.

BUSDs Response to Community-Focused Threats
Daniels explained that the policy should outline how we communicate what is going on in a way that staff and the community understand what is happening.

Alper noted that BPD and UC BPD use Nixle to alert the community of any threats.

Daniels suggested that there be rules around timing of protocol.

Alper will find out more about how Nixle is used and will share information at a later meeting.

Naming Policy
Motion to approve the Board Policy as amended by Alper and the AR is as amended by Superintendent Evans. The policy is ready for publishing:

Daniels/Alper and unanimously approved 2-0.

Update Board Policy Calendar
Policies to consider at the next meeting on May 4:

• Response to community focused threats
• Board Bylaws 9321-9321.1
• Student Discipline
• Interaction with Law Enforcement
  

Meeting adjourned at 4:16

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:           Policy Subcommittee
FROM:            Ty Alper and Susan Craig
DATE:         May 4, 2016
SUJECT:     BP re Expulsions

We are grateful for the input from many community partners who provided input on the previous drafts. We look forward to discussing the latest draft at the May 4 meeting. We also provide here our proposed timeline for the adoption of this policy. Our view is that we should seek Board approval of the policy before the end of this school year, and then, if the Board approves the policy, turn to the AR for this policy over the summer and in the early fall.

Note that the attached policy is only a policy governing expulsions and the expulsion process.  It does not cover Title IX complaints, suspensions (except those incident to a pending expulsion proceeding), or the details of alternatives to traditional discipline, such as restorative justice. Those important issues are dealt with in other policies, and in the AR for this policy, which has yet to be drafted.

            Proposed Timeline

            1/26/16            First discussion of expulsion policy in Policy Subcommittee

            2/26/16            Second discussion of expulsion policy in Policy Subcommittee

            4/8/16              Third discussion of expulsion policy in Policy Subcommittee

            5/4/16              Fourth discussion of expulsion policy in Policy Subcommittee

            5/20/16            Fifth discussion of expulsion policy in Policy Subcommittee; vote to refer to Board for
    first reading  

            6/1/16              First Reading of expulsion policy at School Board

            6/17/16            Sixth discussion of expulsion policy in Policy Subcommittee (if needed)

            6/29/16            Second Reading/Approval of expulsion policy at School Board

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Policy Subcommittee
FROM: Susan Craig
DATE: May 4, 2016
SUBJECT:  Communication Protocols for Threats to Groups

The District has an existing Board Policy (3516) for Emergencies and Disaster Preparedness. Additionally, BUSD has protocols in place, as documented in every school’s Comprehensive School Safety Plan, which are updated annually, and in the District’s Emergency Operations Procedures, that have been developed in accordance with applicable Education and Penal Codes. While Education Code and Penal Code guide a school’s responses involving student discipline matters, criminal activity, and safety threats that are under the school’s jurisdiction, the codes do not provide guidance for communicating information to the community regarding threats that have been made towards groups. The Board recognizes the need for District-wide procedures for communicating information to students, families, staff, and community members regarding threats to groups in order to protect the safety of students, staff and the greater community, and provide timely, accurate updates regarding safety threats to groups, when they occur.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Policy Subcommittee
FROM: Ty Alper, Director
DATE: May 4, 2016 
SUBJECT: BP re Law Enforcement

Attached is a clean revised draft policy governing District interaction with law enforcement, with a few comments in margins. Also attached is a document that compares the current version of the policy with the version of the policy that was discussed at our March 25, 2016 meeting.