The Presiding Officer will call the meeting to order at 6:45 p.m. before the Board Recesses to Closed Session. The Regular Meeting will convene by 7:15 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 6:30 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.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:00 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: Lisa van Thillo, Assistant Superintendent, Human Resources
DATE:             September 21, 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:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         September 21, 2016
SUBJECT:  Out of State Travel Request

BACKGROUND INFORMATION:

The following out of state travel request is being requested:

Annual ACTFL Conference, Boston, MA-November 17-20, 2016

Approval for Xin Chen, BHS World Language Teacher, to attend this four-day, three-night conference in Boston, MA. The ACTFL Annual Convention and World Languages Expo is an international event bringing together more than 6,000 language educators from all languages, levels, and assignments. Our goal is to provide a comprehensive professional development experience that will have an impact on language educators at all levels of teaching and in turn impact their students to succeed in their language learning process. The Program, which will feature more than 700 educational sessions in a variety of formats, will focus on innovative programs, emerging trends that impact the language profession, and research-informed practices. More than 250 companies will be exhibiting their latest products and services. Requested by: Sam Pasarow, Berkeley High School Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         September 21, 2016
SUBJECT:   Overnight Field Trip

BACKGROUND INFORMATION:

The following overnight field trip is being requested:

 Tilden Park/Wildcat View/LHS, Berkeley, CA, October 6-7, 2016

Approve participation of 75 fifth grade students, three teachers and seven other adults from Jefferson School on a two-day, one night field trip to Tilden Park/Wildcat View for the purpose of studying the environment of the park while working on team building, cross classroom connections, decision making, and leadership training. The LHS will provide experiences with scientific method and STEM activities. The students will sleep in gender specific tents located in separate camping areas and both will have adult chaperones. The cost of $25.00 per student will be paid by parent donations. No student will be denied access based on inability to pay.  Requested by Mary Cazden, Jefferson School Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
            Patricia Saddler, Ed. D., Director of Programs and Special Projects
DATE:        September 21, 2016
SUBJECT:  Alternative Support Intervention Services (formerly known as Supplemental Educational Services) Memorandum of Understanding

BACKGROUND INFORMATION:
The No Child Left Behind Act (NCLB) required that schools in year two and beyond of Program Improvement provide Alternative Support Services for students, which prior to this year was Supplemental Educational Services.

An additional requirement was that the students be offered school choice. Since NCLB has sunset and we are transitioning to The Every Student Succeeds Act (ESSA), we will offer intervention tutoring to eligible students at the Program Improvement Schools.  These services will include individual tutoring that are (1) additions to instruction provided during the regular school day; (2) specifically designed to (a) increase the academic achievement of eligible students as measured by the State’s assessment system and (b) enable these students to attain proficiency in meeting State academic achievement standards and finally (3) these services must also be of high quality and research-based.

There are eight schools in BUSD that are in year two or beyond in terms of  Program Improvement and two schools that are in year one of Program Improvement. Only students from low-income families are eligible for Title I Intervention Services and families must choose a provider from a list provided by the District. 

Elementary Schools

Middle Schools

Staff is requesting Board approval of the Memorandum of Understanding for two outside providers that are qualified to serve students in Years 2 through 5 of Program Improvement status. These outside providers are Sylvan and Professional Tutors of America Inc.

The following table identifies the provider, provider hourly rate, maximum number of tutor hours, and the maximum contract amount.

POLICY/CODE:
NCLB 2001, Section 1116

FISCAL IMPACT:
Up to $80,000 from Title I funds

STAFF RECOMMENDATION:
Approve Alternative Support Services Memorandums of Understanding 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         September 21, 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. Ratification of contract to Shoreline Environmental, to provide emergency mold abatement services at Thousand Oaks Elementary caused by roof construction. The cost will not exceed $22,000. To be paid from Measure I Budget. Requested by Timothy E. White.
2. Ratification of contract to Pamela Harrison-Small, to provide ongoing professional development to teachers, administrators, and other staff on cultural awareness and competence  for the period from 8/1/16-6/30/17. The cost will not exceed $17,312.50. To be paid from BSEP Professional Development and General Fund. Requested by Pasquale Scuderi.
3. Ratification of contract to Kacy D. Robinson, to provide consulting services for teacher recruitment, retention and equity for the period from 8/1/16-6/30/17. The cost will not exceed $50,000. To be paid from LCAP Supplemental Grand Fund. Requested by Patricia Saddler.
4. Ratification of contract with Children’s Hospital & Research AT Center, to provide athletic training services to Berkeley High School for the 2016/17 SY. The cost will not exceed $11,500. To be paid from General Fund. Requested by Britta Fjelstrom.
5. Bay Area Peacekeepers, to provide weekly support groups for BUSD students in need of behavioral support for the period from 9/7/16-6/30/17. The cost will not exceed $20,000. To be paid from LCAP Supplemental Grant. Requested by Susan Craig.
6. SEEDS Community Resolution Center, to provide site based training and support in restorative practices and restorative justice at Washington Elementary and BTech Academy for the period from 8/22/16-6/30/17. The cost will not exceed $70,000. To be paid from LCAP Supplemental Grant. Requested by Susan Craig.
7. Child Therapy Institute, to provide, to provide counseling and mental health services for Washington Elementary School for the period from 9/6/16 – 6/17/17. The cost will not exceed $15,000. To be paid from  BSEP Measure A  and LCAP Supplemental Grant. Requested by Katia Hazen. 
8. Akiko Cutlip, to provide after-school enrichment classes for Emerson Afterschool Enrichment Program for the period from 9/6/16 – 6/9/17. The cost will not exceed $12,125. To be paid from After School PTA Fund. Requested by Aaron Jorgensen.
9. Ratification of contract for Christina Jack, to provide management of Youth Mental Health First Aid Project AWARE Grant for the period from 7/1/16 – 6/30/17. The cost will not exceed $36,000. To be paid from Restricted General Fund. Requested by Susan Craig.
10. YMCA of Central Bay Area, to provide CalSAFE services at the Vera Casey Center for the period from 7/1/16-6/30/17. The cost will not exceed $60,000. To be paid from General Fund and Child Development Fund. Requested by Maria Carriedo.
11. Alameda County Office of Education, to provide modified integrated learning specialist program for Early Childhood Education for the period from 8/26/16-4/12/17. The cost will not exceed $13,000. To be paid from Child Development Fund. Requested by Maria Carriedo
12. Bay Area Community Resources, to provide mental health services for Thousand Oaks Elementary School for the period from 9/6/16-6/16/17. The cost will not exceed $23,000. To be paid from BSEP Measure A Fund and LCAP Supplemental Grant. Requested by Jennifer Corn.
13. Child Therapy Institute of Marin, to provide counseling and mental health services for Pre-K program sites for the period from 8/26/16-6/16/17. The cost will not exceed $42,000. To be paid from BSEP Measure A Fund, Child Development Fund and Restricted General Fund. Requested by Maria Carriedo.
14. HERO, Inc., to provide recess and playground organization at Thousand Oaks Elementary School for the period from 8/30/16 – 6/16/17. The cost will not exceed $30,000. To be paid from Restricted PTA Funds. Requested by Jennifer Corn.
15. Funnyman Entertainment, to provide after-school enrichment classes at Berkeley Arts Magnet for the period from 9/6/16-6/9/17. The cost will not exceed $11,700. To be paid from After School PTA Fund. Requested by Aaron Jorgensen.
16. Safir & Associates, LLC, to provide CRT training to BHS leaders for the period from 8/1/16-1/1/17. The cost will not exceed $25,000. To be paid from Unrestricted and Restricted General Fund. Requested by Sam Pasarow.
17. Increase in contract amount, PO170075, to Cummins Pacific to provide additional services on vehicles for the Transportation Department for the 2016/17SY. The original amount of $8,500 was issued on 7/5/16. The additional amount requested is $1,500 for a total amount of $10,000. To be paid from General Fund. Requested by Tim Mull.
18. Increase in contract amount, PO170051, to Michael Stead’s Hilltop Ford, to provide ongoing repair services for the Transportation Department for the 2016/17SY. The original amount of $9,900 was issued on 7/5/16. The additional amount requested is $30,000 for a total amount of $39,900. To be paid from General Fund. Requested by Tim Mull.
19. Increase in contract amount, PO170052, to Seven Eleven Body Shop, to provide additional body work and painting services for the Transportation Department for the 2016/17SY. The original amount of $9,900 was issued on 7/5/16. The additional amount requested is $40,000 for a total amount of $49,900. To be paid from General Fund. Requested by Tim Mull.       
20. Increase in contract amount, PO170059, to Peterson Power System, to provide additional repair services for the Tranportation Department for the 2016/17SY. The original amount of $9,900 was issued on 7/5/16. The additional amount requested is $30,000 for a total amount of $39,900. To be paid from General Fund. Requested by Tim Mull.
21. Increase in contract amount, PO170049, to AZ Bus Sales Inc., to provide additional bus repair services for the Transportation Department for the 2016/17SY. The original amount of $9,900 was issued on 7/5/16. The additional amount requested is $20,000 for a total amount of $29,900. To be paid from General Fund. Requested by Tim Mull.
22. Increase in contract amount, PO#170050, to J&O’s Commercial Tire Center, to provide additional vehicle repair services for the Transportation Department for the 2016/17SY. The original amount of $9,900 was issued on 7/5/16. The additional amount requested is $20,000 for a total amount of $29,900. To be paid from General Fund. Requested by Tim Mull.

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:        Javetta Cleveland, Deputy Superintendent
DATE:           September 21, 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. Berkeley High School Development Group donated $13,275 to partially support professional development for culturally responsive teaching and $5,000 to partially support the XITO professional development for a total donation of $18,275 for Berkeley High School.
2. Berkeley Public Schools Funds donated $8,300 to partially support professional development for culturally responsive teaching in support of the redesign for Berkeley High School
3. Rosa Parks PTA donated $48,200 to partially support counseling, after school services and physical education activities, $21,000 for students to attend Sleep Away Camp, $3,000 for the arts program and $8,700 for materials and supplies for a total donation of $80,900 for Rosa Parks School.

 BOARD POLICY:
 BP 3290 

 FISCAL IMPACT:
 The District received a total $107,475 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:         September 21, 2016
SUBJECT:  Approve Listing of Warrants issued in August 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 month of August is attached for the Board’s review. 

POLICY/CODE:
Educational Code Section 41010 et seq. 

FISCAL IMPACT:
$6,765,259.09 for the month of August 2016 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of August 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:         September 21, 2016
SUBJECT:  Approval of Payroll Warrants Issued in August 2016

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

POLICY/CODE 
Educational Code 41010 et seq.

FISCAL IMPACT 
$7,193,355.50 for August 2016 from various funds.

STAFF RECOMMENDATION
Approve payroll payments made in August 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Tim Mull, Transportation Manager
DATE:        September 21, 2016
SUBJECT:  Approval of Contract Extension with American Logistics for Non-Public School (NPS) Transportation

BACKGROUND INFORMATION:
The District contracts with American Logistics for Non-Public School (NPS) Transportation for Special Education students.  Over the past few years the District has made significant progress in reducing the expenditures related to the transportation of NPS students.  In addition, the vendor has worked with the District to reduce the cost of the service including adjusting cost factors and creating incentives for timely payment.  In the prior fiscal year 2015-16 the costs were less than the budgeted amount of $515,741.  The current contract amendment extends the contract through Jun 30, 2017.

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

FISCAL IMPACT:
The annual cost of service under the contract extension for 2016-17 is estimated not to exceed $470,000. Cost to be paid from the Special Education Budget.  These costs include the 2016 Extended School Year from July 1, 2016.

STAFF RECOMMENDATION:
Approve contract extension with American Logistics for School Year 2016-17 in the amount of $470,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D, Superintendent
FROM:           Timothy E. White, Executive Director of Facilities
DATE:           September 21, 2016
SUBJECT:    Authorization to Approve a Change Order for the Cragmont Elementary Painting and Flooring Project Approval of Futility Resolution 17-034

BACKGROUND INFORMATION:
On May 18, 2016 the Board awarded a contract to On Point Construction for the Cragmont Elementary Painting and Flooring Project. The project consists of new exterior paint and wood siding installation, including four alternates to replace hallway and library flooring and paint for two walls in the auditorium.  During the course of construction, there were a number of owner requested changes that were not included in the original bid. The original bid was awarded at $416,686. Staff can negotiate scope and price increases up to a 10% maximum. Staff predicts that the project will exceed the 10% threshold.

The primary reason for the change is an owner requested addition to the original contract as stated below:

1. Owner requested additional scope: The District requested additional flooring and painting in areas that were not included in the original bid. The District also requested that the contractor power wash the windows as a part of this contract.

         This will add approximately $50,000 in cost to the construction contract.

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 AA. The final change order percentage will return to the Board when the project is recommended for acceptance.    

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         September 21, 2016
SUBJECT:  Approve an Increase to Contract for ITS Enterprises for DSA Inspector of Record Services for Longfellow Cafe Project

BACKGROUND INFORMATION:

On December 10, 2014, the Board approved a contract with ITS Enterprises to provide inspection services for the Longfellow Cafe project for $85,000.  On April 20, 2016 the Board approved an increase of $40,320 due to the delayed completion of this project. ITS will require an increase in their contract for the added inspection services related to the delayed completion. The costs are estimated at $15,000. Staff is recommending that the Board approve ITS Enterprises for their additional services costs and that we pursue the contractor for reimbursement.

POLICY/CODE:

Board Policy 3310. 

FISCAL IMPACT:

Cost to be paid from the Measure I Bond Fund.     

STAFF RECOMMENDATION:

Approve an increase of $15,000 in contract for ITS Enterprises to provide IOR inspection for Longfellow Cafe for a total authority of $140,320. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         September 21, 2016
SUBJECT:  Increase Project Budget for the Willard Middle School Modernization Project

FISCAL IMPACT:
The project was funded through the Measure I bond.  Increase the overall project budget by $630,000.

STAFF RECOMMENDATION:
Approve the increase in the project budget by $630,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:      Timothy E. White, Executive Director of Facilities    
DATE:        September 21, 2016
SUBJECT: Approve an Increase to a Contract with Baker Vilar Architects to Provide Additional Design Services for the John Muir Modernization Project

BACKGROUND INFORMATION:
On March 26, 2014, the Board approved Baker Vilar Architects to design the John Muir Modernization Project for $180,000.  On January 27, 2016 the Board approved an increase of $83,000 for design services to increase the overall scope of the project.

During the course of the construction project dry rot framing and foundation problems were discovered, requiring additional design and construction. Consequently, the Board approved Futility Resolution 17-004 on August 24, 2016 to pay the contractor approximately $150,000 for the added construction work. Baker Vilar Architects has to perform added design services for this issue.  Staff is recommending that the Board approve Baker Vilar Architects for these additional design services.

POLICY/CODE:
Board Policy 3310

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

STAFF RECOMMENDATIONS:
Approve Baker Vilar Architects for design services with an increase of $50,000, for a total authority of $313,000 for the John Muir Modernization Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:      Beatriz Leyva-Cutler, Vice President
DATE:         September 21, 2016
SUBJECT:  Recognition of September 2016 as Attendance Awareness Month 

BACKGROUND INFORMATION:
One of the earliest warning signs that a student will drop out of high school is chronic absence–or missing 10 percent of the school year for any reason, whether excused or unexcused. Nationwide, an estimated 5 million to 7.5 million students are chronically absent every year.

We can make attendance a top priority starting in the early grades by mobilizing the community around reducing chronic absence and use data to identify students and schools in need of additional support.

Reducing chronic absence not only increases academic success for the students missing school, it also means less wasted time in the classroom spent reviewing lessons for absentee students. Furthermore, it offers a chance for schools and communities to make measurable and productive improvements for students in an area that has a direct impact on academic outcomes.

POLICY/CODE:
None 

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 17-035.

BERKELEY UNIFIED SCHOOL DISTRICT                                            

TO:             Board of Education
FROM:       Donald Evans, Ed.D., Superintendent
DATE:        September 21, 2016
SUBJECT:  Resolution 17-036 Proclaiming School Year 2016-2017 as The Year of The Reader in Berkeley Unified School District                                            

BACKGROUND INFORMATION:
The Berkeley Unified School District is committed to ensuring that every student becomes a proficient and engaged reader. We know that reading and literacy skills are at the heart of what is needed to close the gaps in opportunity and achievement for many of our children. In order to raise awareness of the importance of reading, the Berkeley Unified School District is committing this school year to an initiative to encourage all students and families to become active readers with a series of school, district, and community-wide events and resources. 

POLICY/CODE:                               
None                                           

FISCAL IMPACT:                
None                                      

STAFF RECOMMENDATION:                                    
Approve Resolution 17-036 proclaiming School Year 2016-17 as The Year of the Reader in Berkeley Unified School District.

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702

President Leyva-Cutler called the meeting to order at 7:30p.m. She reported that the Board convened to Closed Session at 6:35p.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
Petra Silvey, 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:  

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

Motion to expunge the student’s record:
Hemphill/Alper and failed to pass on a 2-2 vote:
Beatriz Leyva-Cutler, President – No
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Abstained
Josh Daniels, Director – No
Karen Hemphill, Director - Yes 

Motion to expunge all records related to the referral for expulsion and any related proceedings, but not the original suspension: 
Daniels/Alper and approved on a 3-1 vote:
Beatriz Leyva-Cutler, President – No
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Abstained
Josh Daniels, Director – Yes
Karen Hemphill, Director - Yes 

Collective Bargaining (Government Code Section 54957.6): Lead Negotiator Legal Counsel Roy Combs/District Representative Delia Ruiz—BFT, BCCE, Local 21, UBA 

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

Conference with Real Property Negotiator (Government Code Section 54956.8)

District Negotiator: David A. Soldani, Legal Counsel; Negotiating Part: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update

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

OPEN SESSION

President Leyva-Cutler began open session with a moment of silence in honor of the four young people and former BUSD students who lost their lives to violence over the last two weeks.

APPROVAL OF REGULAR MEETING AGENDA

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

Swearing in of new student director
Petra Silvey was sworn in to represent BHS on the Board of Education. 

PUBLIC TESTIMONY
A total of two people addressed the Board:

A community member expressed interest in being appointed to the Peace and Justice Committee

A community member and member of BHS class of 1959 thanked the Board for all of their work.

UNION COMMENTS

BFT President Cathy Campbell commented in support of the transition to CalPERS. She thanked the Board for the resolutions on tonight’s agenda. She also highlighted some of the good news as told by the LCAP.

BCCE Paula Phillips commented in support of BUSD’s transition to CalPERS. She also thanked all of the BCCE members for getting the schools up and running for the new school year.

UBA President Janet Levenson thanked Delia Ruiz for her work in BUSD. She also thanked Superintendent Evans and Deputy Superintendent Cleveland for responding to the needs of the unions.

Local 21 President Steve Collins also thanked Delia Ruiz, Javetta Cleveland and the team who worked to get us to CalPERS. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Daniels shared a study released on the soda tax by UC Berkeley that showed a reduction in consumption of sugary drinks. He flagged for future discussion the resolution regarding the construction project for the theatre on consent as it is a major project within the existing bond. He expressed sadness over the tragic deaths of our graduates. 

Director Appel acknowledged the CalPERS item and thanked the union leaders for their comments. She went on to say that her commitment to healing the community is reinforced by the students whose lives were lost.

Student Director Silvey thanked the Board for having her and said she is excited. She extended her condolences to the families of the BUSD graduates who are no longer with us.

Director Hemphill said that it is important to work with our students on better ways to resolving conflict and addressing gun violence. Will resume office hours in September.

Superintendent Evans welcomed the School Board back and said he is excited for the new construction at the school sites. He thanked Mr. Soto for sharing his story during public comment. He also extended his condolences to the families of the young people who lost their lives.

President Leyva-Cutler reported that there was an attendance training where participants talked about how to improve attendance for our students as the month of September is dedicated to attendance awareness.  

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

ACTION ITEMS

Approval of Resolutions 17-003, 17-023 to Contract with CalPERS Health
Allotted time: 15 min
Actual time: 4 min

Deputy Superintendent Cleveland thanked the union leaders for their collaboration in our transition to CalPERS which will result in savings for families. 

Motion to approve an agreement with CalPERS and adopt Resolutions 17-003, 17-007 through 17-023:
Appel/Hemphill and unanimously approved 6-0.

DISCUSSION ITEMS

Local Control and Accountability Plan (LCAP) Data for Goal 1 Evaluation
Allotted time: 45 min
Actual time: 52 min

Directors Pat Saddler and Debbi D’Angelo presented evaluation of data for LCAP goal 1: to provide high quality classroom instruction and curriculum that promote college and career readiness with academic interventions in place to eliminate barriers to student success. Questions and discussion followed. 

Board-Self Evaluation

President Leyva-Cutler acted as observer:

• We did well in sticking to allotted time
• The LCAP discussion was a good example of how to address issues at the root
• There was mutual respect

ADJOURNMENT
President Leya-Cutler adjourned open session at 9:40pm.

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702

Official Minutes

President Leyva-Cutler called the meeting to order at 7:30p.m. She reported that the Board convened to Closed Session at 6:30p.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
Petra Silvey, Student Director, BHS – Present
Alaunte Keys, 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)

Interim Assistant Superintendent for Human Resources

Motion to approve the appointment of Lisa van Thillo as the Interim Assistant Superintendent of Human Resources:

Leyva-Cutler/Appel and unanimously approved 5-0

Conference with Real Property Negotiator (Government Code Section 54956.8)

District Negotiator: David A. Soldani, Legal Counsel; Negotiating Part: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update

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

OPEN SESSION

Director Appel called for a moment of Silence in honor of teacher Britt Alamo, who passed unexpectedly. 

APPROVAL OF REGULAR MEETING AGENDA

At the request of Vice President Alper, Consent Item 11.11 was pulled and will be brought back to the next meeting for approval. 

Motion to approve agenda as amended by Alper:
Leyva-Cutler/Silvey and unanimously approved 7-0.

PUBLIC TESTIMONY
No one came forward.   

UNION COMMENTS

BFT President Cathy Campbell expressed her sorrow for the loss of Teacher Britt Alamo. On behalf of BFT, she thanked Delia Ruiz for the high standard she’s held for BUSD employees during her tenure as Assistant Superintendent of Human Resources and wished her well in her new pursuits. She went on to highlight the progress among EL students as indicated in tonight’s LCAP.

COMMITTEE COMMENTS
Erik Weaver, member of the Citizen’s Bond Oversight Committee, thanked the Board for considering his request.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

President Leyva Cutler announced September as the attendance awareness month. A supporting resolution will be presented at the next Board meeting.

Director Hemphill will hold office hours on the last Saturday of the month.

Vice President Alper thanked Delia for her professionalism and her service to BUSD.

Daniels thanked Delia for her dedication to the District. He announced that the Policy committee will meet on Friday at 2:15 to discuss the policy on firearms on school grounds and an AR on expulsion that corresponds to the expulsion policy adopted in June. 

Superintendent Evans reported a great opening of schools and thanked all staff to contributed to the success. He reported are at 90% of our projected enrollment. He also reported that our LCAP met all compliance requirements and has been officially approved by ACOE.

Director Appel thanked all of the staff for a smooth start of the school year. She also thanked Delia for leaving a good legacy. She announced that PowerSchool now has a binary gender option for students.

CONSENT CALENDAR
Motion to approve the Consent Calendar without item 11.11:
Hemphill/Appel and unanimously approve 7-0

ACTION ITEMS

2015-16 Unaudited Actuals

Fiscal Services Director, Pauline Follansbee presented an overview of the budget. Questions and discussion followed 

Motion to approve 2015-16 unaudited actuals:
Daniels/Hemphill and 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
Petra Silvey, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – Abstained

Approval of Gann Resolution 17-001

Motion to approve Gann Resolution 17-001:
Daniels/Appel and 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
Petra Silvey, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – Abstained

DISCUSSION ITEMS

Local Control and Accountability Plan (LCAP) Data for Goal 2 Evaluation
Allotted time: 50 min
Actual time: 46 min

Directors Pat Saddler, Debbi D’Angelo and Maggie Riddle presented evaluation of data for 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. Questions and discussion followed. 

Board-Self Evaluation

Alper as observer:

• We framed items well
• Allotted time accurately
• The LCAP presentation is helpful in addressing fundamental problem at the root 

ADJOURNMENT
President Leya-Cutler adjourned open session at 9:20pm.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Debbi D’Angelo, Director of Research, Evaluation and Assessment
DATE:        September 21, 2016
SUBJECT:  Local Control and Accountability Plan (LCAP) Goal 3 Evaluation 

BACKGROUND INFORMATION:

Local Control and Accountability Plan

The Local Control and Accountability Plan (LCAP) 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 (LCFF) supplemental expenditures and the indicators for monitoring progress. The adopted plan in full can be found at: http://www.berkeleyschools.net/local-control/lcap/ 

BUSD’s Local Control and Accountability Plan consolidate 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 (low income, English Learners, Foster Youth, Students with Disabilities) and by ethnicity (African-American, Latino). Focus students include those subgroups previously mentioned as well as 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)).

LCAP Evaluation

The approved plan includes an “Annual Update” which serves as a comprehensive review of the targeted goals, actions, services, and expenditures.  The LCAP evaluation provides a more thorough review of the goals for Berkeley Unified School District.  This is the final in a three part series evaluating the LCAP.  The presentation and packet addresses the LCAP Goal 3 annual measureable outcomes as well as the actions and services in Goal 3 specifically funded by supplemental dollars in 2015-2016. Goal 1 was presented on August 24^th, 2016 and Goal 2 was presented on September 7^th, 2016.  

Goal 3 ensures that 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. 

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 include a progress comparison of 2014-15 to 2015-16.  The Outcome measures include: social-emotional domains, school and family connectedness, suspensions, attendance and collaborative connections. 

Following the Annual Measureable 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: Intervention Counseling to provide high-school social-emotional support; outreach and attendance intervention with families; Restorative Justice and the implementation of restorative practices; behavioral health services and trauma-informed practices; and the coordination of services to develop, train and support sites in the consistent implementation of culturally relevant restorative practices.   The report 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 student outcomes.  Finally, there is a summary of evaluation findings as well as recommendations that 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 3 Evaluation presentation and evaluation provided under separate cover.  Review and discuss Goal 3 of the 2016-17 Local Control and Accountability Plan in relation to the evaluation findings. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Superintendent
FROM:       Tim Mull, Transportation Manager
          Javetta Cleveland, Deputy Superintendent
DATE:        September 21, 2016
SUBJECT:  School Bus Replacement Schedule and Request for Annual Budget Allotment

BACKGROUND INFORMATION:
Prior to the recession, the Transportation Department provided the Board with a comprehensive criteria and bus fleet analysis for the ongoing replacement of school buses.  School buses constitute one of the largest equipment purchases that a school district will make, therefore, it is important to continuously address the need to control the District’s bus replacement liability.  In 2006, the District established a bus replacement fund (Fund 15) to deposit and record $298K in grant awards for the purpose of fleet replacement, and to establish an ongoing funding reserve.  Unfortunately, due to the State recession and budget shortfall, the District was unable to fund the reserves needed for school bus replacement.  This has left the District behind schedule for bus replacement, resulting in the need for a more aggressive replacement plan.  During 2015, the Transportation Department was faced with seven transit vehicles in their final stages of usability. Five BlueBird transit buses were fitted with new engines and two BlueBird Transit Buses were fitted with re-built engines.  The total cost was $210,000 and it is anticipated that this maintenance will extend their vehicle life by approximately five to seven years, allowing for the timely replacement of other dilapidated equipment.  The District currently owns a fleet of 29 school buses.

Replacement Criteria

Improvement in federal standards for safety, fuel efficiency and emissions profiles are common considerations for replacement decisions among federal, state and local agencies. Effective in 2018, there will be new federal guidelines that will significantly reduce current diesel emissions.  All equipment that does not meet these new standards will be mandated for replacement no later than 2023. The proposed replacement schedule moves us forward in being better prepared to meet these federal mandates.   

In order to maintain the safety of our fleet, we have incorporated the following criteria for replacing school buses:

1. Vans:  10-15 years after date of manufacture, or 225,000 odometer miles 
2. Transit & Conventional:  15-20 years after date of manufacture, or 250,000 odometer miles
3. Repairs that will exceed 100% of purchase price
4. Single repair after warranty exceeds 50% (within first 5 years) and 65% after 6^th year
5. Totaled bus due to accident – Insurance covers the amount over $25,000
6. Significant change in safety standards (9 of our 29 school buses were manufactured prior to 2006 and do not have seat belts. This plan will standardize the fleet by replacing those vehicles with a 3 point passenger harness system)
7. Other identified conditions or damages may not meet the above thresholds but are significant such as body rust due to proximity to salt water; wear and tear on engines and transmissions due to bus operation in steep terrain.

   In addition to the industry criteria, this plan begins a process to standardize our entire school bus fleet to clean burning and fuel efficient diesel engines; adding an efficiency of scale to fleet maintenance.  Fleet standardization will result in lower overall costs due to:  inventory minimization, reduction of mechanic training, and labor costs.  It will relieve the shop workload as more vehicles will be under warranty, freeing mechanics to work on other areas of our District’s fleet.  Vehicle mechanics will be more proficient working with diesel equipment only and training will be more directly focused. The vehicle maintenance department currently uses “All Data” and “Mitchell 1” diagnostic and training technology on site, which is compatible with the proposed vehicle equipment to be purchased.

   As new equipment types and safety or emissions standards change, staff will return to the Board with updated criteria and plan modifications.

   Ongoing implementation of the school bus replacement plan ensures our students have the highest degree of safety, including the most current federal safety standards protecting pupils who ride school buses.  The buses will also have the most current technologies available for fuel efficiency and emission reductions.

   School Bus Equipment Purchases

   The attached replacement schedule outlines recommended school bus fleet replacement needs for the next ten years. 

   Based on the 2016-17 recommended bus replacement, staff would like to request Board approval on October 5, 2016, to purchase (two) seventy-eight passenger buses, and (one) twenty passenger bus that will accommodate both ambulatory students, and two students in wheel chairs.  Staff will sell old equipment to create an approximate offset of $26,400, resulting in an anticipated total expense of $384,823.  The District will have a fleet of 28 school buses to sufficiently support our student transportation needs.

   For 2017-18, staff will include the purchase of (two) seventy-eight passenger transit school buses as part of the budget priority process in January 2017.  Staff will again sell old equipment, anticipating an approximate offset of $22,500, resulting in a total expense of $326,722. An annual cost increase of 4% has been anticipated to the cost for these vehicles. 

   School Bus Equipment Purchases

   After 2017-18, Staff will include a request for bus replacement based on the most recent bus replacement schedule as part of each year’s budget priority process for the following year.  Requesting a decision from the Board on annual one-time basis, is the Staff recommendation at the time due to limited ongoing revenue and other ongoing budget priority needs.   In future years, based on the State of the District’s budget and cost of living increases from the State, Transportation may request the return to the original guideline of an annual investment to Fund 15 to begin establishing a reserve for bus replacement. 
   
   

   POLICY/CODE:
   Board Practice 3300

   FISCAL IMPACT:

• For 2016-17, staff will request board approval for $384,823 in base grant funding (A cost of $411,223 minus $26,400 from sale of three used buses) 
• For 2017-18, staff will include a request for $326,722 in base grant ($349,222 minus $22,500 offset from sale of two used buses) as part of the budget priority process
• For the years subsequent to 2018-19, staff will incorporate one-time funding request each year during the budget priority process that takes place between January and budget adoption in July.
• Over time, there should be a reduction in repair and maintenance cost that will be used to offset future bus replacement cost. 

STAFF RECOMMENDATION:
Accept the bus replacement criteria and schedule to fund school bus vehicle replacement as information.  Provide direction to staff whether to move forward with a board item for the October 5, 2016 board meeting for approval to purchase buses needed for 2016-17.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D, Superintendent
FROM:        Tom Reid, Principal, Berkeley Adult School
DATE:        September 21, 2016
SUBJECT:  Berkeley Adult School Skills Benchmarks

BACKGROUND INFORMATION:
California Department of Education (CDE) has developed and implemented model curriculum standards for Adult Basic Education, English as a Second Language, which includes ESL-Citizenship, and Adult Secondary Education. In order to measure student progress and mastery of skills and competencies, CDE authorized the use of a series of standardized tests that were developed by Comprehensive Adult Student Assessment System (CASAS).  

CASAS measures student achievement with standardized tests, administered approximately five times each year.  Student achievement is documented for student progress, instructional level completion, and program completion.  The results are submitted to CDE each year and influence the funding level of the Adult Education federal grant. 

POLICY/CODE:
Workforce Innovation and Opportunity Act, Title II:  Adult Education and Family Literacy Act, Section 225/231 Grant

FISCAL IMPACT:
The Adult School is eligible to receive up to $808,095 (pending official Grant Award Notification) in federal grant funds for 2015-16.

STAFF RECOMMENDATION:
Receive the Adult School Basic Skills Benchmark Report for 2015-2016 for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education 
FROM:       Policy Subcommittee
DATE:        September 21, 2016
SUBJECT:  Board Policy 3515.7: Firearms on School Grounds

BACKGROUND INFORMATION:
SB 707 (Ch. 766, Statutes of 2015) amended Penal Code 626.9 and 30310 to provide that a person with a concealed weapons license must obtain written permission of the Superintendent or designee in order to possess a firearm and/or ammunition on school grounds. In view of the public interest and safety issues involved, the Policy Subcommittee reviewed BP 3515.7 on September 9, 2016. BP 3515.7 is being presented for first reading. 

POLICY/CODE:
BP 3515.7

FISCAL IMPACT:
NA

STTAFF RECOMMENDATION:
Receive Board Policy 3515.7: Firearms on School Grounds for first reading. 

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?