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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 6:15 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. 

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.

Swearing in of New Student Director
Before calling open session to order, Board President Beatriz Leyva-Cutler will swear in Petra Silvey, Berkeley High’s new student representative to the Board of Education.

turned in by 6:15 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. 

        3.3.1 District Negotiator: David A. Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update (30 min)

4. Call to Order - 7:30 PM

5. Report on Closed Session

6. Approve Regular Meeting Agenda of August, 24 2016

7. Open Session Public Testimony (1st Opportunity)
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. 

8.  Union Comments
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union (order rotates).

Unions
Berkeley Federation of Teachers (BFT)
Berkeley Council of Classified Employees (BCCE)
Union of Berkeley Administrators (UBA)
Local 21


9.  Committee Comments
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.

Committees
BSEP Planning & Oversight Committee
Berkeley Arts Steering Committee (BAESC)
Measure I Construction Bond Oversight Committee
Parent Advisory Committee (LCAP)
District EL Advisory Committee
PTA Council
Audit Committee
Facilities Safety and Maintenance Oversight Committee (FSMOC)

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

11.  Consent Calendar
11.1 Approval of Human Resources Reports
11.2 Approval of the 2016-17 Consolidated Application for Funding for Categorical Aid Programs
11.3 Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Services (formerly BTSA)
11.4 Approval of Overnight Field Trips
11.5 Approval of Mandated Block Grant (MBG) Claims Opt-In FY 2016-17
11.6 Approval of Master Contracts for Two Non Public Schools for 2016-17 School Year
11.7 Approval of Master Contracts for Nonpublic Agencies for 2016-17 School Year
11.8 Acceptance of Gifts/Donations
11.9 Approve Listing of Warrants Issued in June and July 2016
11.10 Approval of Payroll Warrants Issued in June and July 2016
11.11 Ratification of District Insurance Premiums and Broker Fees for FY 2016-17
11.12 Approval to Transfer Project Costs for the Blacktop Project from Measure I to Measure AA
11.13 Authorization to Approve a Change Order for the John Muir Modernization and Approval of Futility Resolution 17-004
11.14 Approve Architect Team Selection and Contract for the Berkeley High School Theaters, Building A Renovation Project
11.15 Approval of Contracts/Purchase Orders for Services Contracts 
11.16 Ratification of Payment to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists
11.17 Approval of Resolution 17-002 in Support of Measure AA to Prevent Owner Move-In Evictions During the BUSD Academic Year 
11.18 Approval of Resolution 17-005 in Support of the Language Education, Acquisition and Readiness Now (LEARN) Initiative
11.19 Approval of Resolution 17-006 in Support of Proposition 55—the California Children’s Education and Health Care Protection Act of 2016
11.18 Approval of Board of Education Minutes for June 15, 2016
11.19 Approval of Board of Education Minutes for June 29, 2016

12. Action
12.1 Approval of Resolutions 17-003, 17-007 through 17-023 to Contract with CalPERS Health (15 min)

13. Discussion Items
13.1 Local Control and Accountability Plan (LCAP) Data for Goal 1 Evaluation (45 min)

14. Information Items
14.1 P-Annual School Average Daily Attendance and October Enrollment Summaries
14.2 Employee Evaluations Report 2015-16
14.3 Facilities Plan Update

15. Open Session Public Testimony (2nd Opportunity)
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.

16. Extended Board Member and Superintendent Comments
Board members and the Superintendent are given the opportunity to address any issue.

17. Board Meeting Self-Evaluation
With the end goal of improving efficiency and providing quality governance in conducting the business of the school District, a member of the Board will conduct a quick review of the Board meeting to assess compliance with adopted norms, procedures and protocols

The following evaluative questions will be used to guide this discussion:

To what degree did we . . .
• frame agenda items with an introduction and a closure summary?
• allot time to agenda items proportionate to complexity, critical impact and timeline deadlines?
• address the fundamental problem at the root of issues, not just the symptoms?
• model mutual respect, effective interpersonal communication and civility?
18. Adjournment

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. 

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             August 24, 2016
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.

BERKELEY UNIFIED SCHOOL DISTRICT

 
TO:       Dr. Donald Evans, Superintendent
FROM:  Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:   August 24, 2016
SUBJECT: Approval of the 2016–17 Consolidated Application for Funding for Categorical Aid Programs

BACKGROUND INFORMATION:
The Consolidated Application (ConApp) for funding is submitted annually to the California Department of Education to request funding for categorically funded programs. Historically, there were two parts to the ConApp, Part I submitted in June and Part II submitted in January. In 2015 the CDE changed the application process and how information is reported to them. The current application requires the submission of fiscal categorical program funding data, as well as reports on expenditures and activities provided by schools and the district. The new ConApp will be submitted two times per year; Spring and Winter. Each submission requires a different set of data and reports to be submitted online.

Board approval is required as there are basic legal assurances for all of the categorical programs to indicate that the school district will comply with the requirements for the following program funds. 

NCLB requirements will sunset at the end of the 2016-17 school and will be replaced by new regulations as identified in the Every Student Succeeds Act (ESSA).

Federal funds for special needs students included in the application are:

• Title I, Part A Basic Grant – Low Income, NCLB Sec. 101
• Title III, Part A – LEP and Immigrant Students, NCLB Sec. 301

Federal funds for School Improvement and Professional Development included in the application are:

• Title II, Part A – Teacher Quality, NCLB Sec. 201

A complete copy of the Consolidated Application is available in the board room for public viewing.

POLICY/CODE:
Education Code Section 64000-64001

FISCAL IMPACT:
Approximately $1,195,421 in categorical funding

STAFF RECOMMENDATION:
Approve the Consolidated Application for Categorical Aid programs.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:        August 24, 2016
SUBJECT:  Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Services (formerly BTSA)   

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

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

Newark Unified received these funds and continued to allocate funds to the District and other consortium partners, but at a reduced amount. With the adoption of the Local Control Funding Formula, BTSA/induction funding is no longer provided as a line item allocation to sites or consortiums. Based on this fact, Newark Unified determined it would no longer distribute funds to support the induction program. BUSD researched several other local options to provide services that would meet our needs and possibly serve our teachers better. It was determined that Contra County Office of Education (CCCOE) would be the best match.

Beginning in 2014-15, CCCOE provided induction services and support for new teachers including special education teachers. Services from CCCOE will continue into the 2016-17 school year. The program under CCCOE will no longer be referred to as BTSA, but rather CCCOE Teacher Induction Program (TIP).

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

BUSD pays a stipend to the mentor teachers in the amount of $1800. Currently staff is projecting 55 new year 1 and year 2 teachers in BUSD who qualify for or require TIP. If additional teachers are hired that require support the contract will be amended to include them.

POLICY/CODE:
Education Code Section 44259 - 22579

FISCAL IMPACT:
$130,000 in Educator Effectiveness funding will be used to support new teachers with the CCCOE Induction Program.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         August 24, 2016
SUBJECT:  Overnight Field Trips

BACKGROUND INFORMATION:
The following overnight field trips are being requested:

Camping at Presidio, San Francisco, CA, September 29-30, 2016

Approve participation of thirty (30) Willard leadership students known as The Ambassadors; a mix of 7^th and 8^th graders who will be accompanied by three teachers and five other adults from Willard Middle School on a two-day, one-night field trip to Camping at Presidio in San Francisco.

The group will depart Willard Middle School at 9:30 a.m. on Thursday, September 29, and return at 12:00 p.m. on Friday, September 30, 2016. The Ambassadors will work closely with Willard’s Positive Behavior Intervention Support Team (PBIS) to promote kindness, respect, responsibility, safety empathy, teamwork, and getting along together as a group in both the planning and execution of the trip.

In addition, there is a physical education dimension to the trip. Students will be taking 3-mile hikes each day, engage in cooperative, team-building group activities and games which require both stamina and ingenuity. The spirit of cooperation is woven into each activity including meal preparation and clean up, tent living, and campfire activities.  

An outside bus carrier approved by BUSD will provide transportation.  Students will sleep in gender specific tents on the grounds.  There is no cost to the students; the trip is funded by family donations and Willard PTA funding.  No student will be denied access based on inability to pay.

Requested by Debbie Dean, Willard Principal

Maritime National Historical Park/SS Balclutha, San Francisco, CA September 9-10, 2016.

Approve participation of twenty five (25) fifth grade students, one (1) teacher, and six (6) other adults on a two-day, one night field trip to San Francisco Maritime Historical Park located at the Hyde Street Pier.  The group will depart Cragmont Elementary at 9:45 a.m. on Friday, September 9, and will return at 10:00 am on Saturday, September 10, 2016.  This field trip supports the Age of Exploration Social Studies curriculum for 5^th Grade.  Students will also build social skills and self-reliance. Students sleep in gender specific areas on the ship Balclutha.  District buses will provide transportation. The cost per student is $100.00 and will be paid for by donations, scholarships and fundraising. No student is denied access based on ability to pay. Requested by Hazelle Fortich, Cragmont Principal.

 Maritime National Historical Park/SS Balclutha, San Francisco, CA September 21-202, 2016.

Approve participation of twenty six (26) fifth grade students, one (1) teacher, and six (6) other adults on a two-day, one night field trip to San Francisco Maritime Historical Park located at the Hyde Street Pier.  The group will depart Cragmont Elementary at 10:00 a.m. on Wednesday, September 21, and will return at 10:00 am on Thursday, September 22, 2016.  This field trip supports the Age of Exploration Social Studies curriculum for 5^th Grade.  Students will also build social skills and self-reliance.  Students sleep in gender specific areas on the ship Balclutha.  District buses provide transportation.  The cost per student is $100.00 and will be paid for by donations, scholarships and fundraising.  No student is denied access based on ability to pay. Requested by Hazelle Fortich, Cragmont Principal.

Mosaic Project Camp, Napa, CA,  Septemebr 19-23, 2016.

Approve participation of twenty-seven (27) fourth-grade students, one teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups. The students will depart Cragmont Elementary at 9:15 a.m. on Monday, September 19, and return at 3:00 p.m. on Friday, September 23, 2016. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Hazelle Fortich, Cragmont Principal.

Mosaic Project Camp, Napa, CA,  October 17-21, 2016

Approve participation of twenty-seven (27) fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:15 a.m. on Monday, October 17, and return at 3:00 p.m. on Friday, October 21, 2016. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Hazelle Fortich, Cragmont Principal.

Mosaic Project Camp, Napa, CA,  October 24-28, 2016

Approve participation of twenty-seven (27)  fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:15 a.m. on Monday, October 24, and return at 3:00 p.m. on Friday, October 28, 2016. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Hazelle Fortich, Cragmont Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT
 

TO:               Donald Evans, Ed.D., Superintendent 
FROM:          Javetta Cleveland, Deputy Superintendent  
DATE:           August 24, 2016
SUBJECT:     FY 2016-17 Mandate Block Grant (MBG) Funding

BACKGROUND INFORMATION:
Beginning in Fiscal Year (FY) 2012-13, funds for mandated costs reimbursements became available through a newly established Mandate Block Grant (MBG) to support state mandated activities.  Pursuant to the new legislation, school districts make an annual choice to receive funds for mandated activities, either through the MBG or through the claim reimbursement process.

The enacted State Budget provides $218.8 million to fund the Mandate Block Grant (MBG) for fiscal year 2016-17. These funds are unrestricted in use.  

Allocation of funds is based on average daily attendance (ADA) calculated as of the second principal (P-2) apportionment for the 2015-16 fiscal year.  For fiscal year 2015-16, the District will receive $28.42 per ADA for students in grades K through eight, and $56 per ADA for students in grades 9 through 12.

Allocation of funds is based on average daily attendance (ADA) calculated as of the second principal (P-2) apportionment for the 2015-16 fiscal year.  For fiscal year 2015-16, the District will receive $28.42 per ADA for students in grades K through eight, and $56 per ADA for students in grades 9 through 12.  

In order to receive the funding appropriated in the 2016 Budget Act, the District must opt-in to the MBG program by August 31, 2016. This will replace the claim reimbursement program which could result in more revenue but guaranteed funding from the state in the near future.

Staff is recommending that the District opt-in for fiscal year 2016-17, to receive guaranteed funding of $346,941.

FISCAL IMPACT:
An additional $346,941 in general fund budget for FY 2016-17

STAFF RECOMMENDATION:
Opt into the MBG for FY 2016-17 to receive guaranteed state funding of $346,941.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:            Lisa Graham, Director, Special Education
DATE:             August 24, 2016
SUBJECT:      Approval of Master Contracts for Nonpublic School Services

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

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

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $408,929.80 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the increases to Master Contracts for the Nonpublic Schools listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:         Lisa Graham, Director, Special Education
DATE:          August 24, 2016
SUBJECT:      Approval of Master Contracts for Nonpublic Agency Services for the 2016-17 School Year

BACKGROUND INFORMATION
The District contracts with nonpublic agencies, when necessary to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student for whom the service provider is to provide special education or related services. 

POLICY/CODE:
Education Code 39800
Board Policy 3310
         
FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $1,299,548.85 from the Special Education Budget and $100,000.00 funded from within the General Education budget.  No additional funding is needed from general fund reserves. 

STAFF RECOMMENDATION:
Approve the Master Contracts for the Nonpublic Agencies listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:         August 24, 2016 
SUBJECT:  Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board.  The following donations have been presented to the District: 

1. Growing Leaders donated $8,384.98 to partially support an instructional specialist –gardening position for Willard Middle School.
2. Your Cause, LLC Trustee for Pacific Gas and Electric donated $600 to be utilized as needed for Malcolm X  ElementarySchool.
3. Westat donated $200 to be utilized as needed for Malcolm X  Elementary School.
4. Exploring New Horizons donated $750 to be utilized as needed for Malcolm X  Elementary School.
5. Oxford PTA donated $19,461 to partially support a tech teacher position; $20,034 to partially support the arts program; $11,057 to partially support an instructional assistant position; $32,936 to provide physical education activities; $2,500 to partial support noon supervision  and $17,640 to be used for classified tutoring and materials for a total donation of $103,628 for Oxford Elementary School.
6. Target donated $282.48 through their Take Charge of Education program to purchase supplies for Oxford Elementary School.
7. Oxford PTA donated $17,640 to be used for classified tutoring and to purchase materials for Oxford Elementary School.
8. Malcolm X PTA donated $105,000 to be used for salaries and benefits for various positions for Malcolm X Elementary School.
9. Berkeley Public Schools Fund donated $150 to cover substitute teacher cost for the arts department for Berkeley High School.
10. Berkeley Arts Magnet PTA donated $1,320 for students to attend the Berkeley Rep; $39,800 to provide physical education activities; $17,000 for a visual arts workshop and $25,000 for a performing arts workshop for a total donation of $83,120 for Berkeley Arts Magnet Elementary School..
11. Cragmont PTA donated $11,340 to provide physical education activities; $41,500 to provide digital arts instruction to students; $18,250 to partially fund Mosaic field trip; $4,400 to provide Spanish music program for kindergartens; $11,220 to provide storyboard theater drama program for a total donation of $86,710 for Cragmont  Elementary School.
12. In Dulci Jubilo, Inc. donated $4,000 to partially support Mosaic field trips for Cragmont Elementary School.
13. Lisa D. Slater donated $14.49 to be utilized as needed for Cragmont Elementary School.
14. Emerson PTA donated $45,381 to partially support a arts teachers position; $21,392 to partially support a clerical assistant position; $20,529 to provide physical education activities and $3,339 for unallocated reserves; and $400 to purchase arts supplies for a total donation of $91,041 for Emerson Elementary School.
15. Jefferson PTA donated $19,614 to partially support an ELD teacher position; $5,000 to purchase supplies; $8,000 to partially support student counseling services; $26,676 to provide physical education activities and $10,000 to provide classroom programs and teacher professional development for a total donation amount of $69,290 for Jefferson Elementary  School.
16. Bank of America Charitable Foundation donated $500 through their Employee Giving  Matching Gifts and or Volunteer Grant programs to purchase materials for Jefferson  Elementary School.
17. King PTA donated $8,800 to partially fund the Writers Coach Connection for  King  Middle School.
18. LeConte PTA donated $18,396 to partially fund the farm and garden program for LeConte School.
    
    

BOARD POLICY:
BP 3290 

FISCAL IMPACT:
The District received a total $601,006.95 in donations.

STAFF RECOMMENDATION:
Accept the donations to the District and request staff to extend letters of appreciation. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:          August 24, 2016
SUBJECT:  Approve Listing of Warrants issued in June and July 2016.

BACKGROUND INFORMATION:
Each month the District writes several checks to vendors for services provided and goods received. The checks are written against both the Restricted and Unrestricted General Fund. The summaries of warrants for the months of June and July 2016 are attached for the Board’s review. 

POLICY/CODE:
Ed Code Section 41010

FISCAL IMPACT:
$8,281,545.98 for the months of June and July 2016 from various funds. 

STAFF RECOMMENDATION:
Approve the monthly bill warrant lists for the months of June and July 2016. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Pauline Follansbee, Director of Fiscal Services
DATE:            August 24, 2016
SUBJECT:    Approval of Payroll Warrants Issued in June and July 2016

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid to employees during a month.  The attached represents a summary of pay warrants from various funds for the months of June and July 2016.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT: 
$7,743,347.78 for June and $7,581,224.9 for July 2016.

STAFF RECOMMENDATION:
Approve payroll payments made in the months of June and July 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Javetta Cleveland, Deputy-Superintendent
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:          August 24, 2016
SUBJECT:  Ratification of District Insurance Premiums and Broker Fees for FY 2016-17

BACKGROUND INFORMATION:
Alliance of Schools for Cooperative Insurance Programs (ASCIP)

The District entered into an agreement with ASCIP in the year 2002 to provide general liability and property insurance coverage for the District. 

For the Fiscal Year 2016-2017, the premium is $741,489 which is an increase of $38,500 over the previous year.  For Fiscal Year 2015-2016, the insurance premium for ASCIP was $702,989.

Staff is satisfied with the services provided by ASCIP and is requesting approval to continue their contract through June 30, 2017 at this rate. 

POLICY/CODE:  
Labor Code Sections 3700 to 3705

FISCAL IMPACT: 
$741,489 is within the General Fund Budget

STAFF RECOMMENDATION:
Approve ratification of payment for insurance premiums and broker cost for fiscal year 2016-17.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         August 24, 2016
SUBJECT:  Approval to Transfer Project Costs for the Blacktop project from Measure I to Measure AA

BACKGROUND INFORMATION:
On May 18, 2016 the Board awarded a contract to G&S Paving to do selective pavement replacement at Hopkins, Berkeley Arts Magnet and Willard. A change order was approved on June 29, 2016 to add paving work to B-Tech. The project is not yet complete.

The contractor was unable to comply with the requirements of the Project Labor Agreement under which all Measure I projects must be performed. To enable the project to move forward and be completed over the summer break period as needed, we need to shift the funding source from Measure I to Measure AA.

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is currently funded through Measure I.  All project costs will be shifted to Measure AA. 

STAFF RECOMMENDATION:
Approve the transfer of project costs from Measure I to Measure AA.     

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         August 24, 2016
SUBJECT:  Authorization to Approve a Change Order for the John Muir Modernization Project and Approval of Futility Resolution 17-004

BACKGROUND INFORMATION:
On April 20, 2016 the Board awarded a contract to BHM Construction. The project is for a modernization of various building systems at John Muir Elementary School.  The project is not yet complete.  The bid was awarded for $2,956,500.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.  Staff predicts that the project will exceed the 10% threshold.

The primary reason for the change orders to the project is unforeseen conditions.  There have been approximately 30 known changes to date that will increase the project by approximately 6%.

There is one significant change that is anticipated to be an additional increase of approximately 7%, thereby exceeding the 10% threshold:

• During demolition along the south wall of the classroom building, dry rot framing was discovered that must be replaced.  In addition, it was determined by the Architect and Structural Engineer that the foundation was not constructed per the original design of the building and that the construction has to be corrected.

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution.

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded through Measure I.  The final change order percentage will return to the Board when the project is recommended for acceptance. 

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.    

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         August 24, 2016
SUBJECT: Approve Architect Team Selection and Contract for the Berkeley High School Theaters, Building A Renovation Project  

BACKGROUND INFORMATION:
Building A at Berkeley High School includes the Berkeley Community Theater, the Florence Schwimley Little Theater, and the east classroom wing which houses primarily visual and performing arts classes.  This building is the only original building on campus which has not been comprehensively modernized or renovated.  The modernization of the building is an identified project under the District’s Measure I Bond program, and is scheduled for commencement in 2017.

The Facilities Department has been working with a Site Committee at the High School since January 2016.  The committee includes the Principal, Theater Manager, Performing Arts Faculty and Visual Arts Faculty.  We are expanding the committee to include community programs and representatives during the course of the Architect’s work on the project.  

In June 2016 the District issued a Request for Proposals (RFP) for teams of Architects, Engineers and Theater Consultants to begin the process of developing a scope of work for the project.  The RFP asks teams to focus on providing four services: Building Systems, Finishes, and Components Assessments—including structural evaluation, handicapped access compliance, Mechanical, electrical and plumbing systems, and theater production systems; Development of Building and Theater Use Scenarios including classroom wing reconfiguration, Community Theater use options, Little Theater renovations; Project Development including review of options and associated costs; and, preparation of a Conceptual Design proposal and pre-schematic design for the basis of proceeding with final Architectural work.  This RFP is not for preparation of Construction Documents.

The District received proposals from 10 teams.  Paper screening identified five firms for interview.  It is recommended that the Board approve a contract with Cody Anderson Wasney Architects.

POLICY/CODE:
BP 3310

FISCAL IMPACT:
Cost to be paid from the Measure I Bond Fund.   

STAFF RECOMMENDATION:
Approve Cody Anderson Wasney Architects for a contract of $351,724 to provide design services for Berkeley High School Theaters, Building A Renovation Project. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         August 24, 2016  
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. West Alameda County Conference (WACC), to provide officiating for Berkeley High School athletics for the period from 7/1/16 – 6/30/17. The cost will not exceed $37,200. To be paid from General Fund. Requested by Sam Pasarow.
2. Downtown Berkeley YMCA, to provide physical education program for John Muir Elementary School for the period from 8/30/16 – 6/16/17. The cost will not exceed $28,966. To be paid from PTA Donations. Requested by Audry Amos.
3. The Mosaic Project, to provide food, lodging and curriculum for Cragmont Elementary students while on a field trip to the Mosaic Camp for the period from 9/5/16 – 10/28/16. The cost will not exceed $22,250. To be paid from the PTA/Restricted Donations. Requested by Hazelle Fortich.
4. Solution Tree, to provide professional development services to the District office for the period from 10/27/16 – 11/17/16. The cost will not exceed $13,000. To be paid from LCAP funds. Requested by Pat Saddler.
5. Avid Center, to provide membership and District leadership for secondary schools for the period from 7/1/16 – 6/30/17. The cost will not exceed $25,315. To be paid from LCAP funds. Requested by Pat Saddler.
6. Kala Art Institute, to provide Visual Arts Professional Development and Direct Services for Berkeley Arts Magnet for the period from 9/1/16 – 6/17/17. The cost will not exceed 24,000. To be paid from BSEP/ PTA/Restricted Donations. Requested by Rene Molina.
7. David Nettell, to provide classroom programs and teacher professional development at Jefferson Elementary School for the period from 8/30/16 – 6/16/17. The cost will not exceed $10,000. To be paid from Restricted Donations. Requested by Peter Gidlund.
8. Downtown Berkeley YMCA, to provide physical education instructors for Cragmont Elementary School for the period from 8/30/16 – 6/16/17. The cost will not exceed $11,340. To be paid from PTA/Restricted Donations. Requested by Hazelle Fortich.
9. Bay Area Community Resources, to provide Counseling Services to  Emerson Elementary School for the period from 8/30/16 – 6/16/17. The cost will not exceed $12,000. To be paid from LCAP funds. Requested by Pat Saddler.
10. Ellen Evangeliste, to provide Exploration in Art Instructions for Cragmont Elementary School for the period from 8/31/16 – 6/16/17. The cost will not exceed $41,540. To be paid from Restricted Donations. Requested by Hazelle Fortich.
11. Downtown Berkeley YMCA, to provide physical education instructors for Jefferson Elementary School for the period from 8/30/16 – 6/16/17. he cost will not exceed $26,676. To be paid from PTA/Restricted Donations. Requested by Mary Cazden.
12. Performance Arts Workshop, to provide artistic and creative development workshops at Berkeley Arts Elementary School for the period from 8/30/16 – 6/16/17. The cost will not exceed $25,000. To be paid from PTA/Restricted Donations. Requested by Rene Molina.
13. Responsive Communication, to provIDE service and testing of District  radios for the period from 8/5/16 – 8/5/17. The cost will not exceed $10,000. To be paid from General Fund. Requested by Jay Nitschke.
14. Child Therapy Institute of Marin, to provide counseling and mental health services for Berkeley Arts Magnet Elementary School for the period from  8/29/16 – 9/16/17. The cost will not exceed $35,000. To be paid from General Fund and BSEP Measure A Fund. Requested by Rene Molina.
15. Domach Inc. dba BakTek, to provide service and repairs of kitchen equipment for Nutrition Services Department for the period from 7/1/16 - 6/30/17. The cost will not exceed $15,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
16. Rudy’s Commercial Refrigeration, to provide repair services to the Nutrition Services Department for the period from 7/1/16 -  6/30/17. The cost will not exceed $20,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
17. N Harris Computer Corp, to provide Etrition cafeteria serving line support for Nutrition Services Department for the period from 7/1/16 - 6/30/17. The cost will not exceed $19,009.62. To be paid from Cafeteria Fund. Requested by Marni Posey.
18. Downtown Berkeley YMCA, to provide physical education program for Berkeley Arts Magnet Elementary School for the period from 7/1/16 – 6/30/17. The cost will not exceed $44,800. To be paid from  PTA/Restricted Donations/ BSEP Fund. Requested by Rene Molina.
19. Downtown Berkeley YMCA, to provide physical education program for  Emerson Elementary School for the period from 7/1/16 – 6/30/17. The cost will not exceed $22,482. To be paid from PTA/Restricted Donation/ BSEP Fund. Requested by Susan Hodge.
20. Jet Mulch, to provide wood chip installation service to District playgrounds for the 2016/17 SY. The cost will not exceed $15,000. o be paid from Measure H. Requested by Steve Collins.
21. Reuben Borg Fence, to provide fencing services for the Maintenance Department for the 2016/17 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
22. R.H. Tinney, to provide HVAC services to the Maintenance Department for the 2016/17 SY, The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
23. Robertson Recreational Surfaces, to provide play surface services to the Maintenance Department for the 2016/17 SY. The cost will not exceed  $35,000. To be paid from Measure H. Requested by Steve Collins.
24. Play-Well Teknologies, to provide after school enrichment class at Jefferson Elementary School for the period from 9/7/16 – 6/1/17. The cost will not exceed 15,096. To be paid from PTA Donations.  Requested by Aaron Jorgensen.
25. Village Center for the Arts, to provide after school enrichment class at Jefferson Elementary School for the period from 9/7/16 – 6/1/17. The cost will not exceed $14,400. To be paid from PTA Donations. Requested by Aaron Jorgensen.
26. Tiny Techs Club, to provide after school enrichment class at Jefferson Elementary School for the period from 9/6/16 – 6/1/17. The cost will not exceed $14,600.  To be paid from PTA Donations. Requested by Aaron Jorgensen.
27. Berkeley Chess School, to provide after school enrichment class at Jefferson Elementary School for the period from 9/6/16 – 6/1/17. The cost will not exceed $12,480. To be paid from PTA Donations. Requested by Aaron Jorgensen.
28. Garner Consulting to provide customized workshops for the Business Services Department from 9/1/16 – 6/30/2017. The cost will not exceed $33,300. To be paid from the General Fund. Requested by Javetta Cleveland.
29. Downtown Berkeley YMCA  to provide provide physical educational activities for Emerson Elementary School  for the period from 8/30/16 –  6/16/17. The cost will not exceed $22,482. To be paid from General Fund. Requested by Susan Hodge.
30. Benjamin Alarcon, to provide Spanish Classes at Berkeley Adult School for the period from 9/8/16 – 6/8/17. The cost will not exceed $14,650. To be paid from Adult Education Fund. Requested by Tom Reid.
31. Newsela to provide PRO District license for Willard, King and Longfellow Middle Schools for the period 7/1/16 - 6/30/17.  The cost will not exceed $15,000. To be paid from Lottery:Institutional Materials Funds. Requested by Debbie Dean.    
32. Increase in contract to ITS Enterprises to provide inspection services for the Willard Modernization Project. The Board approved $15,000 on 6/3/15, $16,560 on 10/14/15 and $10,000 on 4/20/16. The additional  amount will increase the cost by $8,000 for a total amount of $49,560. To be paid from Measure I. Requested by Timothy E. White.
33. Ratification of contract to ITSavvy to provide network threat prevention  software for the District for the period from 8/5/16 – 8/5/17. The cost  will not exceed $19,049.51. To be paid from General Fund. Requested by Jay Nitschke.
34. Ratification of contract to Cogent Communications, to provide monthly broadband internet service to the District for the period from 7/1/16 - 6/30/17.  The cost will not exceed $33,336. To be paid from General  Fund. Requested by Jay Nitschke.
35. Ratification of contract to Anderson Carpet & Linoleum to provide flooring installation at Emerson and Thousand Oaks Libraries performed in 2015/2016 SY. The cost will not exceed $18,539. To be paid from Measure H. Requested by Steve Collins.

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D, Superintendent
FROM:       Lisa Graham, Director, Special Education
DATE:       August 24, 2016
SUBJECT: Ratification of Payment to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists

BACKGROUND INFORMATION:
The District contracted with Esther B. Clark School for 1 BUSD student for the 2015-2016 SY.  The Board previously approved $99,003,10 on 9/9/2015. In March 2016, another BUSD student was placed at Esther B. Clark School.  An additional $26,573.95 is needed for the period of 3/2016 through 6/2016.

The District contracted with C.E.I.D. – Center for Early Intervention on Deafness for 3 BUSD students for the 2015-2016 SY. The Board previously approved $142,120 on 9/9/2015.  In March 2016, another BUSD student was placed at C.E.I.D.  An additional $29,015.51 is needed for the period of 3/2016 through 6/20/16.

The District contracted with Seneca Center for Counseling Enriched classrooms and classroom support services for 2015-2016 SY. The Board previously approved $330,000 on 11/18/2015.  An additional $34,290 is needed for the period of 5/2016 through 6/2016.

The District contracted with Bright Path Therapists for 49 BUSD students for Physical and Occupational Therapy for the 2015-2016 SY. The Board previously approved $169,895.46 on 8/26/2015.  From January through June 2016, we had to Contract with Bright Path to back fill a staff vacancy.  An additional $134,070.22 is needed for the period of 1/2016 through 6/2016.

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
$223,982.68 from the Special Education Budget 

STAFF RECOMMENDATION:
Ratification of final payments to Esther B. Clark School, Center for Early Intervention on Deafness, Seneca Center and Bright Path Therapists for 2015/2016 services.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Board of Education
FROM:       Beatriz Leyva-Cutler, President
                  Ty Alper, Vice-President
DATE:        August 24, 2016
SUBJECT:  Resolution 17-002 in Support of Ordinance to Prevent Owner Move-in Evictions During the BUSD Academic Year

BACKGROUND INFORMATION:
The Mayor, Rent Board, and a unanimous City Council placed a Measure on the November 2016 Ballot for the purpose of amending the Rent Stabilization and Good Cause for Eviction Ordinance to prevent families with children from being evicted during the school year.

Existing law permits landlords to evict for the purpose of moving into the rental. San Francisco has prohibited such evictions from taking place during the school year where the tenant household includes school-age children. This legislation would impose the same reasonable restriction here in Berkeley to ensure that children are not displaced during the school year through no fault of the family. 

By preventing displacement during the school year, this legislation would ensure that children are able to complete their studies, and that any disruption of the family’s housing takes place during the summer while school is not in session. Owner move-in evictions in Berkeley have tripled in the past year, and this reform will ensure that housing instability does not directly interfere with the educational achievement of Berkeley students.

Measure AA also increases the thirty year-old relocation payment amount to an amount comparable to the payment required in San Francisco, Santa Monica, Los Angeles, and West Hollywood.

The measure also includes a number of minor “good government" revisions to the text of the ordinance that are designed to avoid confusion and better conform to state law. 

BOARD MEMBER RECOMMENDATION:
Enact the attached resolution in support of Measure AA.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:       Beatriz Leyva-Cutler, President
DATE:        August 24, 2016
SUBJECT:  Resolution 17-005 in Support of Proposition 58—The Language Education, Acquisition and Readiness Now (LEARN) Initiative

BACKGROUND INFORMATION:
Proposition 58—LEARN is a ballot initiative on the November 2016 ballot that will support the continued teaching of English in our schools; open the avenues to multilingual education; and amend parts of Proposition 227, a nearly 20-year-old law that restricts the instructional methods school districts can use to teach English and limits the ability of English-speaking students to participate in language immersion programs.

Attached is Resolution 17-005 in support of Proposition 58. If enacted, Proposition 58 expands opportunities for English speakers to learn a second language, helps non-English speakers learn English as quickly as possible, and gives students the opportunity to compete in a global economy.

BOARD MEMBER RECOMMENDATION:
Approve Resolution 17-005 in support of Proposition 58—The LEARN Initiative. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education 
FROM:        Beatriz Leyva-Cutler, President
DATE:         August 24, 2016
SUBJECT:    Resolution 17-006 in Support of Proposition 55 – The California Children’s Education and Health Care Protection Act of 2016 

BACKGROUND INFORMATION:
On June 15, 2016 the BUSD Board of Education approved Resolution 16-059 in support of Proposition 30, a temporary tax on wealthy individuals making at least $250,000 per year or families making at least $500,000 per year for the benefit of public education.  

Attached is Resolution 17-006  in Support of Proposition 55, the Children’s Education and Health Care Protection Act of 2016. Passage of this act would extend the temporary income tax increases on wealthy Californians for an additional twelve years, continue funding the Education Protection Account and boost spending on health care for low income families. 

BOARD MEMBER RECOMMENDATION:
Adopt Resolution 17-006 in support of the Children’s Education and Health Care Protection Act of 2016.

BERKELEY PUBLIC SCHOOLS

Official Minutes
June 15, 2016 

President Leyva-Cutler called the meeting to order at 7:30 She reported that the Board convened to Closed Session at 6:30 pm. 

Roll Call
Board of Education:
Beatriz Leyva-Cutler, President – Present
Ty Alper, Vice President – Present
Judy Appel, Director/Clerk – Present
Josh Daniels, Director – Present
Karen Hemphill, Director—Present
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Key, Student Director, BTA – Present 

Administration:
Donald E. Evans, Ed. D, Superintendent
Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
Delia Ruiz, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Leyva-Cutler reported out on closed session:

Public Employee Appointment (Government Code Section 54957)

Vice Principal, Berkeley High School

Motion to approve staff recommendation to appoint Tamara Freedman as Vice Principal at BHS:
Alper/Appel and approved 3-0:
Beatriz Leyva-Cutler, President – Abstained
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Karen Hemphill, Director— Abstained

Acting Dean, Berkeley High School

Motion to approve staff recommendation to appoint Kiernan Rok as Acting Dean at BHS:
Alper/Appel and approved 3-0
Beatriz Leyva-Cutler, President – Abstained
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Karen Hemphill, Director— Abstained

Authorize the Superintendent to Appoint Certificated Administrators During the Board’s Summer Recess

Motion to authorize the Superintendent to appoint certificated administrators during the Board’s summer recess:
Daniels/Appel and unanimously approved 5-0

Collective Bargaining (Government Code Section 54957.6): Lead Negotiator Legal Counsel Roy Combs/District Representative Delia Ruiz—BCCE
The Board received an update on this matter; no action was taken.  

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Alper/Daniels and unanimously approved 7-0 

PUBLIC TESTIMONY
A total of nine people addressed the Board:

Three students and four adults advocated for tennis courts at BHS

Three Office of Family Engagement representatives shared the testimonies of participating parents.

A BAS teacher advocated for its location to remain whole and at current location.

A community member commented on the John Muir Kids in Motion after school program.

An EBCLC representative commented on the importance of restorative justice practices. 

UNION COMMENTS
Paula Phillips, BCCE President addressed the classification and compensation study. She requested that the District make it clear to BCCE members whether they will be reclassified or allocated. 

Cathy Campbell thanked the Board for presenting Resolution 16-059 in support of the Children’s Education and Health Care Protection Act of 2016.

COMMITTEE COMMENTS
Mimi Pulich, Co-Chair to the PAC expressed that the PAC feels devalued and responded to the District’s response to the PAC’s comments. They feel that by combining all data, the achievement gap is hidden. There needs to be evidence that these programs work.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Appel/Alper and unanimously approved 7-0 

DISCUSSION ITEMS

2016-2019 LCFF Supplemental Funding Plan

Public Hearing 8:15pm
Time allotted: 60 min
Actual time: 105 min

President Leyva-Cutler opened Public Hearing at 8:26 p.m.

Laura Babbit and Natasha Karem read aloud a letter the PAC sent to the Board earlier today. 

President Leyva-Cutler closed public hearing at 8:32 p.m. 

Presentation followed:

Directors Pat Saddler and Maggie Riddle presented the proposed 2016-17 budget with proposed actions and services for each of the three LCAP goals. They introduced the Early Back Program, a two-week program in August and one Saturday per month through 2016-17 to provide leveled literacy interventions. With respect to the stakeholder process, she highlighted some positives and challenges. Moving forward, there are plans to revise plan by June 29 and to clarity roles and responsibilities for all LCAP positions. Questions and discussion followed. 

Hemphill said that after looking at MX numbers, she saw that it had fewer targeted students than it did last year. While she shares the understanding that MX needs more staff to serve more students, employing LCAP funds to address this need is not the best use of funds.

There was consensus among the Board to see two additional options for the alternative use of funds.

Additional comments and questions will be directed to the Superintendent.

2016-2015 Preliminary Budget (Public Hearing 9:00pm)
Time allotted: 30 min
Actual time: 21 min 

Public Hearing was opened at 10:17p.m.
Hearing no comment, Public Hearing was closed at 10:17p.m.

Presentation followed:

Director of Fiscal Services Pauline Follansbee presented preliminary budget highlights, changes since estimated actuals, multi-year projections, deficit/surplus and other considerations. Questions and discussion followed.

Daniels noted that the ending fund balance for the cafeteria is reduced by half and requested that we address this at a future meeting.

Daniels moved to extend Open Session to 11:15pm:
Daniels/Appel and unanimously approved 7-0

Educational Specifications Asset Analysis 
Allan Donald with MKThink and Director of Facilities Tim White explained that EdSpecs help translate program functions into space needs and set standards around which architects and consultants will design future school facilities. The capacity assessment focuses on the elementary schools and is anchored on enrollment projections. The central question in this process is whether or not we have the capacity to house projected enrollment. Should we not have the capacity, the next step is to identify a process whereby adequate capacity may be reached.

This item will return before the Board on June 29 with a number of options for how to meet adequate capacity and should prompt direction from the Board relative to a timeline. 

EXTENDED PUBLIC TESTIMONY
A BAS teacher advocated for BAS to remain whole at its current location.

ADJOURNMENT
President Leyva-Cutler adjourned meeting at 11:15pm.

BERKELEY PUBLIC SCHOOLS

Official Minutes
June 29, 2016 

President Leyva-Cutler called the meeting to order at 7:30p.m. She reported that the Board convened to Closed Session at 6:00p.m.

Roll Call
Board of Education:
Beatriz Leyva-Cutler, President – Present
Ty Alper, Vice President – Present
Judy Appel, Director/Clerk – Present
Josh Daniels, Director – Present
Karen Hemphill, Director - Present
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Excused Absence 

Administration:
Donald E. Evans, Ed. D, Superintendent
Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
Delia Ruiz, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Leyva-Cutler reported out on closed session:   

Public Employee Appointment (Government Code Section 54957)

Acting Executive Vice Principal, Berkeley High School

Motion to accept staff recommendation to appoint Erin Schweng as Acting Executive Vice Principal at BHS:
Daniels/Hemphill and approved 4-0
Beatriz Leyva-Cutler, President – Abstained
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Karen Hemphill, Director – Yes

Coordinator of Instructional Technology

Motion to accept staff recommendation to appoint Allison Krasnow as Coordinator of Instructional Technology:
Daniels/Alper and unanimously approved 5-0.

Collective Bargaining (Government Code Section 54957.6) Lead Negotiator Legal Counsel Roy Combs/District Representative Delia Ruiz – BCCE

The Board received an update on this matter; no action was taken.

Parent/Student Challenge to Content of Pupil Records (Ed. Code Section 49070 (c))

Motion to approve staff recommendation in this matter:
Appel/Hemphill and approved 4-0
Beatriz Leyva-Cutler, President – Recused
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Karen Hemphill, Director – Yes

Conference with Legal Counsel—Existing Litigation (Gov. Code Section 54956.9 (a))

Settlement Authority Request—Case #LBI1400568

Motion to approve staff recommendation in this matter:
Alper/Appel and unanimously approved 5-0

Public Employee Performance Evaluation (Principal, Assistant Principal, Teacher, Teacher on Special Assignment)/Appeal of Complaint Pursuant to Board Policy 1312.1 (Government Code Section 54957 (b)) 

Motion to accept staff recommendation in this matter:
Alper/Daniels and unanimously approved 5-0 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
At the request of Director Hemphill, Consent Item 11.18, Approval of Interim Expulsion Policy was moved to Action.

Motion to approve agenda as amended by Director Hemphill:
Appel/Alper and unanimously approved 6-0

Recognition of Mark Coplan
Superintendent Evans presented Mark Coplan with a plaque in recognition and appreciation of his years of service to BUSD as the Public Information Officer.

Recognition of Student Director Angelo Paraiso-Arroyo
President Leyva-Cutler recognized Student Director Paraiso-Arroyo for his leadership as a student representative to the Board of Education for the 2015-16 school year. 

PUBLIC TESTIMONY
A total of 11 people addressed the Board:

A student with Young Lives Matter Berkeley shared a negative interaction she experienced with her classroom teacher.

A BHS Stop Harassing member commented on the interim expulsion policy.

A BAS teacher spoke in support of keeping BAS whole.

The Chair of the PAC suggested some amendments on proposed LCAP.

Two EBCLC attorneys commented in support of the interim expulsion policy.

A community member commented on the negotiations between the City of Berkeley and BUSD for the use of the Board Room.

A BHS BRIDGE student thanked BUSD and its support of the program; BRIDGE students shared their academic successes.

A community member commented on the interim expulsion policy.

A parent asked the Board to conduct an investigation in response to a complaint she has filed.

A member of the NAACP Berkeley Chapter addressed the Board on a recent incident where breakfast and lunch were served late during the summer session at BAM.  

UNION COMMENTS
BFT President Cathy Campbell commented in support of the interim expulsion policy and the LCAP as proposed on the agenda tonight. On behalf of BFT, she thanked Mark Coplan for his years of service to BUSD.

COMMITTEE COMMENTS
Chair to the Facilities Safety Maintenance and Oversight Committee (FSMOC) reported that the committee has been meeting for the past six months and has met its goals despite some staffing issues. He shared that the budget is in good condition as there is a substantial reserve. He recommended that available revenue be used to address items that will result in long-term savings. He also added that they are in the process of onboarding new employees.

Co-Chairs to the PAC, Laura Babitt and Mimi Pullich, shared that the PAC is committed to insure that LCAP funds reach targeted students. With respect to the .4 FTE RTI, the PAC has submitted its recommendations to the Board and asked the Board to review with the intent to allot LCAP funds to reach targeted students in the most direct way possible.

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Appel extended condolences to the family of student who passed away shortly after graduating with the class of 2016. She thanked Coplan for his service to the District as he covered many of our events, both challenging and celebratory.

Director Hemphill congratulated Mark Coplan on his retirement and said that his presence in the District will be unmatched. She went on to report that the Anti-Racism Taskforce has met three times thus far and requested that a formal update of the Taskforce’s work be communicated to the community. She gave a shout out to Deborah Turner, the former Assistant to the Superintendent, and recognized her for her years of service.

Director Daniels appreciated the City Council for unanimously supporting to direct its staff to prepare a measure for the Nov 2016 to lower the voting age for school board elections to 16. City Council also approved their budget for 2016-17, including an allocation of over $600,000 to BUSD’s Cooking and Gardening Program. He acknowledged Vice president Alper for his contribution to the Policy Committee. He also acknowledged Coplan, saying that he is the most loyal BUSD employee he’s ever known.

Vice President Alper announced the Board appointments to the City’s Youth Commission. Director Keys appointed Noah Winkleman, Director Hemphill appointed Alexandria Hamilton, and the Board appointed Alexandria Rose Tescha and Ceara Schreibstein. He congratulated Student Director Alaunte Keys for being reelected to represent BTA on the Board for another term. He thanked Mark Coplan for his love for BUSD. With respect to the Interim Expulsion Policy on the agenda tonight, he said he was proud of the collaborative process that took place and thanked the people who had a hand in crafting and improving this policy.

Superintendent Evans addressed the recent protest in Sacramento that involved one of our teachers. He directed the public to a letter he wrote in response to the incident. He acknowledged Deborah Turner as his right hand and very instrumental during his transitioned as BUSD’s superintendent.

Student Director Paraiso-Arroyo thanked the Board members for the opportunity to serve alongside them and for their support and guidance. He too extended his condolences to the student and close friend of his who passed away just a week after graduation.

President Leyva-Cutler extended her condolences to the family of student who passed away. She went on to thank Mark Coplan for serving as a historian for BUSD. In response to the public comment regarding delay in the serving of breakfast and lunch, she apologized on behalf of the staff. She also acknowledged Deborah Turner, who was instrumental in helping her when she first became a Board member. She would like that a resolution in recognition of Ms. Turner be presented at a subsequent Board meeting.

CONSENT CALENDAR
Motion to approve the Consent Calendar without Consent Item 11.8, Interim Expulsion Policy:
Alper/Paraiso-Arroyo an unanimously approved 6-0

ACTION ITEMS 

2016-17 Final Budget 
Time allotted: 30 min
Actual time: 15 min

Director of Fiscal Services, Pauline Follansbee presented the final 2016-17 budget reflective of changes in the Classification and Compensation Study, multiyear projections and other considerations since the preliminary budget. Questions and discussion followed.

Motion to approve the 2016-17 final budget:
Appel/Alper and unanimously approved 6-0

2016-19 Local Control and Accountability Plan (LCAP)
Allocated time: 30 min
Actual time: 52 min

Presenters Pat Saddler and Maggie Riddle presented data highlighting some preliminary gains and made recommendations for new actions and services for 2016-17 under each of the three LCAP goals. In response to the Board’s request for alternative scenarios for the allocation of $41,000, they presented two options. The first option is to fund a .40 FTE RTI at MX; the second, to invest in counselors to support the Restorative Practices work at BHS. Questions and discussion followed.

Director Hemphill expressed that while she supports the .4 FTE RTI at MX, she does not support LCAP as its funding source. This position should be funded from the General Fund as an ongoing item. She proposed that, until a review of our RTI/Special Ed model concludes, we approve the .4 FTE RTI position at MX as a one-time item this year.

Vice President Alper expressed his support for the allocation to the Restorative Practices work at BHS, given there is close to $1 million from LCAP already allocated to RTI. He deferred to staff’s expertise.

Director Daniels commented that these funds can only be used on a school wide basis to principally target unduplicated students. Since the need for additional support arose at MX, there has been an allocation of an additional .6 FTE. Given the present need is a result of increase in enrollment, he added, option 1 is not an appropriate use of funds intended to serve unduplicated students.

Superintendent proposed a one-time funding of the .4 FTE RTI from the General Fund for one year.

Alper added that he did not support funding the .4 FTE RTI at MX, an ongoing need, as a one-time expense from the General Fund. He supports the .4 FTE RTI allocation at MX only if funded from LCAP; otherwise, he supports the allocation to the Restorative Justice Program at BHS.

Daniels moved to approve the LCAP with the rejection of options 1 and 2 (as described on page 129) and change in the amount allocated for this 16-17 supplemental funding and total funding (p.127 and corresponding pages for item 3.4S) from $421,990 to $462,990. Motion seconded by Leyva-Cutler.

Alper made a substitute motion to approve the LCAP with option 1 as recommended by staff. No one seconded.

Hemphill made a substitute motion to approve the LCAP with the exception of the .4 FTE RTI at MX, and to pull out the recommendation for the $41,000 to Restorative Practices. No one seconded.

Roll call on original motion made by Daniels:
Daniels/Leyva-Cutler and unanimously approved 6-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Karen Hemphill, Director – Yes, only because she would be in the position of having to abstain from the entire plan otherwise
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – N/A

Appel moved to reopen the preceding budget item:
Appel/Daniels and unanimously approved 6-0

 Hemphill moved to direct staff to add funding for the .4 FTE RTI position at MX out of General Fund and to do so after final budget has been submitted. Motion seconded by Appel.

Alper made a substitute motion to adopt the budget as it was presented:
Alper/Daniels and failed to pass on a 3-3 vote
Beatriz Leyva-Cutler, President – No
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – No
Josh Daniels, Director – Yes
Karen Hemphill, Director – No
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – N/A

Roll call on Hemphill’s original motion to approve funding for .4 FTE at MX out of the General Fund and to direct staff to do so after the final budget is submitted:
Hemphill/Appel and unanimously approved 6-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – Yes
Karen Hemphill, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – N/A

Repurposing of School Facilities
Allotted time: 45 min
Actual time: 30 min

Director of Facilities Tim white presented to the Board options for the use of West Campus facilities that will become available upon the expiration of REALM’s lease in Summer of 2018:

• Use the 16 classrooms currently in use by REALM as is, modernize gym and existing auditorium, and build new playground at existing field for an estimated total of 24 months.
• Modernize gymnasium building and reconfigure its locker rooms to house VAPA, an 18-month long project
• Build a new 42,000 sq. ft. elementary school on existing administration parking lot.
• Relocate BAS to 2020 Bonar (36 mos.) and revert Franklin site to an elementary school (17 mos.).

White noted that the timeline for each option accounts for a robust community engagement process.

Alper clarified that staff’s recommendation is not for the Board to take a vote on any of the options, but to direct staff to come back with a final recommendation by the end of the calendar year. Questions and discussion followed.

Alper moved to extend open session to 11:30pm:
Alper/Leyva-Cutler and unanimously approved 6-0

Hemphill recommended that should staff determine to take relocating BAS off the table, they should make it known to BAS as soon as possible. This will bring relief to the BAS community as they have come before the Board a number of times advocating that their site be removed as an option.

Appel moved that an ad hoc subcommittee made up of Directors Daniels and Hemphill be formed to work with administration in making the final recommendation for the use of 2020 Bonar to be presented to the Board before the end of the calendar year:
Appel/Alper and unanimously approve 6-0

Approval of Interim Expulsion Policy
Hemphill expressed appreciation for all of the collaboration that went into crafting this policy, but explained that she pulled this item to suggest that it more clearly outline how suspended students with IEPs will be supported throughout the disciplinary process.  

Alper agreed and, in response to a suggestion made during public comment about the policy excluding the offenses as listed in the ed code, he clarified that in extraordinary circumstances all of the other offenses listed in the ed code are grounds for expulsion.

Alper moved to adopt the interim expulsion policy with revisions reflective of suggestions above:
Alper/Daniels and unanimously approved 6-0. 

DISCUSSION ITEMS 

Midyear Evaluation of Board Procedures

President Leyva-Cutler welcomed feedback from the Board and staff around the evaluative process the Board has implemented in an effort to track its efficiency.

There was consensus among the Board and staff that board self-evaluation has helped with time management, organization, and overall flow of the meetings.

ADJOURNMENT
President Leya-Cutler adjourned open session at 11:30p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         August 24, 2016
SUBJECT:  Approval of Resolutions Numbers 17-003, 17-007 through 17-023 to contract with CalPERS Health 

BACKGROUND INFORMATION:
Health costs have continued to increase over the past several years.  The Health Benefits Cost Containment Committee’s role is to review health plan options and programs in order to contain increasing cost.  The Health Benefit Cost Containment Committee includes District staff and representation from each bargaining unit.  Currently, the majority of District employees are enrolled in Kaiser due to the non-Kaiser option, Health Net, being extremely pricey.  Although Kaiser is the lowest cost option, Kaiser has been increasing at an average rate of 8% over the last several years.  Over 1,000 District employees are currently enrolled in the current Kaiser high and low plans.

Primarily due to the District’s current low enrollment in Health Net (134 enrollees), Heath Net made a decision not to renew their commercial plans (active, early retiree and their Medicare COB and POS plans) with the District effective January 1, 2017.  Health Net is willing, however, to renew the Seniority Plus Plan (retirees over 65) of which there are approximately 66 enrolled.  In addition to addressing the issue of rising health cost, the District needed to find another vendor to replace Health Net or only have a Kaiser option.  A vendor was found, Sutter Health Plus, with premium rates similar to those of Kaiser.  Regardless of any change in health providers, the District’s open enrollment will continue to be October and the effective date of new health provider or plan changes is January 1, 2017.  The District considered the following two options of replacing Health Net with Sutter Plus or moving completely to CalPERS Health: 

Option 1- Staff’s choice was for the District to continue with Kaiser and add Sutter Plus to replace Health Net. 

Kaiser offered a renewal of zero increase to the District’s current Kaiser low plan (664 members) and a 5.69% increase to the Kaiser High Plan (339 members) if the District signed on to Sutter Plus sparking a more cost competitive option than Health Net provided in the past.  Staff believes that Kaiser would stabilize based on this competitive edge. 

Although, the Kaiser High Plan rate increase would be 5.69%, during open enrollment, these employees would have the option to change to the Kaiser Low Plan with zero percent increase.  The Sutter Health Plus plan would be much cheaper than Health Net and provide premium rates at the same level as Kaiser.  These rates would also be locked in for 2016-17 and 2017-18 with a not to exceed 8% rate increase cap.  Sutter Health Plus also covers about 70% of the current Health Plan network including John Muir Hospital and Alta Bates. In addition, the approximately 66 retirees on Health Net Seniority Plus would be able to continue their benefits unchanged.   The unions were concerned that when Sutter Health Plus rate guarantee and the 8% rate cap lapses, Sutter Plus would inflate the rates after the District signs on. The unions were also concerned that Kaiser would continue to go up at a higher average than CalPERS Health after next year.  Staff believes that if this were the case, there would still be an option to join CalPERS Health. 

Option 2- The employee union leadership recommended the District completely transitions all employees to CalPERS Health.  

CalPERS Health includes a Kaiser Option and various non-Kaiser Options (See Attached).  Employees that are currently enrolled in Health Net can find a plan that includes their same network and retirees over 65 would be able to move to an individual plan if they did not prefer the CalPERS options.  The annual increase in Kaiser Premium for the District’s Kaiser Health Plan over the last 10 years has increased on average at a higher percentage rate than the CalPERS health plan.  The Union’s concern is that based on this historical information, the District would not be able to control cost without joining the larger group membership that CalPERS Health offers.

The move to CalPERS Health will be a greater change administratively including requiring all employees to sign up for health benefit plans during open enrollment and provide documentation for spouses and dependents.  There are both pros and cons to joining CalPERS Health.  The CalPERS Health premiums for the Kaiser High option members (339) are lower than the 2017 Kaiser premiums rate quotes but higher for the single and two party premium quotes for the low option (664 members).  The majority of the non-Kaiser options under CalPERS Health are much less than the District’s 2016 Health Net premiums and in some cases higher than the Sutter Health Plus premiums.  All active part-time employees that work at least 6 months and 1 day for which the District is currently contributing for STRS or PERS are eligible to sign up for CalPERS Health (with special resolution).

To mitigate employer cost for retirees enrolled in CalPERS health, all union contracts were changed to incorporate CalPERS eligibility requirements including 40 year vesting schedule for payment of additional employer contribution based required minimum monthly contribution.  This is explained in more detail under fiscal impact section. The District’s current employer contribution for early retirees has been changed in union contracts to a supplemental plan that is District sponsored.  Therefore, there is no financial impact to retirees that have not aged out of the District’s employer contribution benefit.  All retirees that have retired under STRS and PERS from Berkeley USD will have the option to sign up for CalPERS Health.  The greatest impact to retirees moving to CalPERS is the process for collecting premiums.  The full premium will be deducted from the retiree’s monthly retirement check and the District will reimburse eligible retiree's for the District's employer contribution at the end of each month.  This is a big change because, currently, the retirees receive a bill for the net amount due after the employer contribution has been applied.

Other significant changes for moving to CalPERS are as follows:

• Employees currently not paying into either STRS or PERS will not be able to enroll in the CalPERS’ plans. Most of these employees have a cash-in-lieu option.  The number of employees affected is very small.
• There is no flexibility to change plan designs such as copays, prescription cost etc.  The District will be provided rates and plan designs each year without negotiation power.
• There is no guarantee that the rate increases will stay with historical Kaiser Increases which have averaged 5.56% per year in the last 10 years for the Bay Area Region. 
• If the District chooses to get out of CalPERS, the District cannot reenroll for 5 years.
• CalPERS charge a monthly administrative fee of 0.31% of the total premium including retiree premium. 
• Every employee will have to re-enroll and provide documentation for dependents. 

Although staff would have chosen Option 1, the fiscal impact for the CalPERS option 2 is not significant enough not to support the union’s recommendation to move to CalPERS Health.  Staff is requesting the Board to approve the Union’s recommended change to CalPERS Health. 

POLICY/CODE:
CalPERS Eligibility Requirements will be instituted. 

FISCAL IMPACT:
CalPERS charge a monthly administrative fee of 0.31% of the total premium including retiree premium.  This is estimated to be $43,000 annually and will be paid from base grant funds.  The District currently pays an insurance broker/consultant a flat amount $120,000 a year.  Once the District transitions to CalPERS and no marketing for health provider service is needed, the broker reduction will change from $120,000 to $72,000 resulting in a savings that could be used to offset the CalPERS administrative fee.  The other services provided by the consultant outside of marketing will continue and includes wellness, administrative support, communication, Affordable Care Act (ACA) support and other services.

The District will enter CalPERS under the unequal method which requires monthly contributions starting at $1 per month for current retirees which is estimated to cost $2,400 a year (including retirees who are no longer receiving a District contribution).  This is in addition to the District’s current employer contribution.  This will increase each year according to PEHMCA regulations and in 20 years will equal the active minimum.  This additional contribution will not be made for new retirees unless they reach 40 years of service when they retire.  There is a chance that there will be retirees who meet the 40 years of service criteria and could be on the District’s CalPERS medical for 20 years.  This may increase the District’s costs beyond its current obligations.  Each union’s contract language has been amended to include a requirement of 40 years of service at BUSD to mitigate any increase in retiree obligations.  The District’s current employer contribution for retirees for 10 and 20 years of service will be a part of the District’s supplemental plan and therefore, the financial impact on the employee does not change.

Every employee will have to re-enroll and provide documentation for dependents.  Therefore, there will be a one-time base grant cost of $15,000 to $20,000 for the District pays for temporary employees for the four-week open enrollment period including training to assist with this process.

STAFF RECOMMENDATION:
Support the recommendation by all union groups to move to CalPERS Health and approve Resolutions 17-003, 17-007 through 17-023 to transition to CalPERS Health Plan.  

BERKELEY UNIFIED SCHOOL DISTRICT

 
TO:            Donald Evans, Ed.D., Superintendent
FROM:       Debbi D’Angelo, Director of Research, Evaluation and Assessment
DATE:        August 24, 2016
SUBJECT:  Local Control and Accountability Plan (LCAP) Goal 1 Evaluation

BACKGROUND INFORMATION:

Local Control and Accountability Plan (LCAP)

The Local Control and Accountability Plan (“the Plan”) is mandated by the state as the standardized vehicle for addressing state priorities and local goals, identifying the most effective actions and services to meet those goals, as well as accounting for the Local Control Funding Formula supplemental expenditures and the indicators for monitoring progress. The plan includes a description of annual goals for all pupils and for each subgroup of pupils as stipulated in Education Code sections 52060 and 52061. On June 24, 2016, the school board approved a new three-year Local Control & Accountability Plan (LCAP) for 2016-2019. The second year’s plan (2015-16) was revised and updated to include the new state mandated format/template, additional accountability measures, and actions to improve and expand service to our highest need students. 

The adopted plan in full can be found at: http://www.berkeleyschools.net/local-control/lcap/

BUSD’s Local Control and Accountability Plan consolidates the eight state priorities and district strategic goals into the following three LCAP goals:

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

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

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

These “big” goals serve as a framework for the targeted goals, actions, services, and expenditures focused on improving outcomes for all students and subgroups of students by special circumstance and by ethnicity (African-American, Latino);those special circumstances include students in the “unduplicated” count of pupils who (1) are English learners, (2) meet income or categorical eligibility requirements for free or reduced-price meals under the National School Lunch Program, or (3) are foster youth. “Unduplicated count” means that each pupil is counted only once even if the pupil meets more than one of these criteria (EC sections 2574(b)(2) and 42238.02(b)(1)).

Goals and actions delineated in the plan are intended to improve and expand programs and services that have been correlated with positive outcomes for our most at-risk students, as well as to disrupt patterns and practices that continue to perpetuate the underperformance of these specific subgroups of students.

LCAP Evaluation

The approved plan includes an “Annual Update” which serves as a comprehensive review of the targeted goals, actions, services, and expenditures.  A focused evaluation by goal will be presented in a series of three presentations. 

This first presentation will address the LCAP Goal 1 annual measurable outcomes as well as the actions and services in Goal 1 specifically funded by supplemental dollars in 2015-2016. The Goal 2 and 3 presentations are scheduled for the two September board meetings. 

The identification of student academic needs provided a foundation for setting targeted goals for Goal 1.  Goal 1 ensures that all students benefit from a rigorous instructional program and targeted interventions and supports.  There are mandated state metrics as well as local metrics that have been set to meet the identified student needs, with each assigned one or more progress indicators (or metrics) that are quantitative and/or qualitative in nature. The progress indicators, most of which are required by the state, provide tools for measuring the extent to which goals for all students and for the focus students are being met over the three-year period of the Plan.  When applicable, district or 2020 Vision metrics are indicated. 

The evaluation, provided as an attachment, is grouped by goal and action according to the state and federal requirements.  The evaluation begins with a review of the prioritized Annual Measureable Outcomes (AMOs) or Action areas which include a progress comparison of 2014-15 to 2015-16 for: Teacher Credentialing, Common Core Implementation, Third Grade Reading, Eighth Grade Math, College and Career Readiness / Early Assessment Program, UC / CSU requirements, and the Cohort Graduation and Drop-Out Rates. 

Following the Annual Measurable Outcomes, a Quantitative and Qualitative data review is provided for each of the actions and services funded by LCFF supplemental funds in 2015-16.  They include: Response to Intervention and Instruction (RTI²), Common Core Mathematics, Super Science Saturdays, High-School Intervention, Elementary Literacy Coaches, and the High-School AVID and Bridge Programs. 

The report also includes a comparison of percentage of student participants represented in the targeted student sub-groups as well as a 2014-15 to 2015-16 comparison of performance data.  Finally, there is a summary of evaluation findings as well as recommendations that have served to inform the implementation of the 2016-17 plan.

POLICY/CODE:
NA

FISCAL IMPACT:
As noted in the LCAP

STAFF RECOMMENDATION: 
Receive the LCAP Goal 1 Evaluation presentation and evaluation provided under separate cover. Review and discuss the 2016-17 Local Control and Accountability Plan in relation to the evaluation findings.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans,  Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:          August 24, 2016
SUBJECT:    P-A School Average Daily Attendance and October Enrollment Summaries

BACKGROUND INFORMATION:
The District submits three attendance reports to the California Department of Education each year. The District's general revenue is determined based on attendance reported from the second attendance report. The first attendance report is referred to as P-1 and includes average daily attendance (ADA) calculated from September to December. The second attendance report is referred to as P-2 and includes ADA calculated from September to March. With the exception of Special Education ADA, the District receives its General Fund revenue based on P-2. The final attendance report is referred to as P-annual and includes ADA calculated until the end of the year. The District receives its general fund revenue for Special Education based on the P-annual. 

Based on information provided from each school site, we are presenting a report on the P-Annual reporting period and provide a comparison of the following information:  

• Current and prior year average daily attendance (ADA) for the P-Annual attendance reporting period from the start to the end of school year.
• Current and prior year school enrollment reports as reported in October of each year. 

The summary report reflects the variance between FY 2015-16 and FY 2014-15 for enrollment and ADA for each school. 

At school sites, regular enrollment improved over the prior year, with an increase in enrollment of 17 students. There was an increase in ADA of 1 students. Overall ADA enrollment percentage decreased by 0.12%.

Jefferson, Rosa Parks, King, and Willard added between 10-50 ADA due to increased enrollment. However, ADA percentage dropped at Jefferson, John Muir, Malcolm X, Rosa Parks, Washington, King, B-Tech, Berkeley High, Non-Public Schools, Independent Study and Home Hospital.  

We are still retrieving attendance data for Non-Public School and Home Hospital, which impacts the District’s overall enrollment and ADA data at P-Annual. 

POLICY/CODE:
Board Policy: 5113

FISCAL IMPACT:
The District earns $67.90 per student day of attendance which equates to $8,624.00 per ADA.

STAFF RECOMMENDATION:
Receive this October enrollment and P-A average daily attendance summary reports for information. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent

FROM:         Delia Ruiz, Assistant Superintendent, Human Resources

DATE:          August 24, 2016

SUBJECT:    Employee Evaluation Report

BACKGROUND INFORMATION:

The Human Resources Department provides supervisors lists of employees who are to be evaluated according to timelines governed by applicable collective bargaining agreements and/or other regulations.  This report provides information regarding the submission of completed annual employee evaluations.

Classified Personnel

In accordance with the applicable collective bargaining agreements and/or merit rules, all permanent classified employees are to be evaluated once per year on or about their anniversary dates.

BFT Certificated Personnel

In accordance with the BFT/BUSD Collective Bargaining Agreement and/or Education Code, certificated employees are to be evaluated yearly if their employment is temporary or probationary, and permanent certificated employees are evaluated at least every other year. 

UBA Certificated Administrative Personnel

Education Code requires that permanent employees be evaluated at least every other year. Prior to 2013-14, the practice in our district had been to evaluate administrators every year.

POLICY/CODE:

Collective bargaining agreements, Merit Rule 60.600 and Education Code sections 44660-44665

FISCAL IMPACT:

None

STAFF RECOMMENDATION:

Accept Employee Evaluation Report as information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Timothy E. White, Executive Director of Facilities
DATE:          August 24, 2016
SUBJECT:  Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014.  Data in this report are current as of August 12, 2016. This report includes updates of all active construction projects.  Maintenance projects are detailed in the Maintenance Quarterly Reports.   

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.

To what degree did we . . .

• frame agenda items with an introduction and a closure summary?
• allot time to agenda items proportionate to complexity, critical impact and timeline deadlines?
• address the fundamental  problem at the root of issues, not just the symptoms?
• model mutual respect, effective interpersonal communication and civility?