The Presiding Officer will call the meeting to order at 6:00 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 5:45 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.

1.  Call to Order
The Presiding Officer will call the meeting to order at 6:00 p.m. The Regular Meeting will convene by 7:30 p.m. 
2.  Closed Session Public Testimony
Persons wishing to address the Board should fill out a green speaker card. Cards 
turned in by 5:45 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

3.  Closed Session
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 sections 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as 35146) Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda. 

3.1 Public Employee Appointment—Director of Human Resources (Government Code Section 54947) (5 min)
3.2 Conference with Legal Counsel—Pending Litigation (Government Code 54956.9(a)) (30 min)
    3.2.1 OCR Case #09-15-1095
3.3 Consideration of Student Expulsion (Ed. Code Section 48918 (c))  (10 min)
3.4 Public Employee Discipline/Dismissal/Release (Government Code Section 54957) (40 min)
3.5 Superintendent’s Evaluation (Government Code Section 54957) (5 min)

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of January 11, 2017

6. Report on Closed Session

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 Renewal of Transition Partnership Program (TPP) Contract for July 2016 – June 2019
11.3 Acceptance of Gifts and Donations 
11.4 Approval of Contracts/Purchase Orders for Services Contracts
11.5 Approval of Payroll Warrants Issued in November and December 2016
11.6 Approve Listing of Warrants Issued in November and December 2016
11.7 Approval of Overnight Field Trips
11.8 Ratification of Memorandum of Understanding with Lifelong Medical for Rosa Parks Afterschool Program
11.9 Approval of Memorandum of Understanding for the Sharing of Data—Adult Education 
11.10 Ratification of Memorandum of Understanding with Bright Path Therapists,  Inc.
11.11 Approve an Increase to a Contract with Baker Vilar Architects to Provide Additional Design Services for the John Muir Modernization Project
11.12 Approval of Master Contracts for Nonpublic Agency Services for the 2016-2017 School Year
11.13 Approval to Accept the Blacktop Replacement Project
11.14 Approve Architect Selection and Contract for the Career Technical Education Facilities Projects 
11.15 Approval of Measure I Facilities Reallocation Plan
11.16 Approval to Digitize W-2s, Time Sheets and Employee Payroll Files
11.17 Ratification of Renewal of Employment Contract for the Deputy Superintendent
11.18 BP 5145.3 Student: Nondiscrimination/Harassment and BP 4119.11 Personnel: Sexual Harassment
11.19 Approval of Board of Education Meeting Minutes for November 2, 2016
11.20 Approval of Board of Education Meeting Minutes for November 16, 2016
11.21 Approval of Board of Education Meeting Minutes for December 7, 2016
 
12. Discussion Items
12.1 Update on Consideration of Developer Fees (30 min)
12.2 Update on Implementation of Board Policy re Protection of Undocumented Students (20 min)
12.3 Resolution 17-050 Reaffirming Our Commitment to the Education of All Children and Making all BUSD Campuses a Safe Zone for Students and Families Threatened by Immigration Enforcement (20 min)
12.4 Board Policy Priorities for 2017 (15 min)

13. Action Items
13.1 Approval of First Interim Budget Report for the Period Ending October 31, 2016 (5 min)

14. Information Items
14.1 Review of Administrative Regulations for Expulsion and Suspension 
14.2 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. 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:   Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:             January 11, 2017
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:        Lisa Graham, Director, Special Education
DATE:        January 11, 2017
SUBJECT:  Renewal of Transition Partnership Program (TPP) Contract for July 2016 through June 2019

BACKGROUND INFORMATION:
The California Education Code (Sections 56460-56463) defines the goal of transition services as the “planned movement from secondary education to adult life that provides opportunities which maximize economic and social independence in the least restrictive environment for individuals with exceptional needs.”

The Berkeley Transition Partnership Program (TPP) is a collaborative program between BUSD and the Department of Rehabilitation (DOR) designed to facilitate the transition of youth and young adults with IEPs as they move from high school to the world of work. The program focus is to provide curriculum, assessment, counseling, career exploration, job search and placement assistance, job coaching and other employment-related support when appropriate.  Upon completion of high school, the DOR will continue to work with the clients providing post-secondary guidance until they enter into meaningful, competitive employment.

All students at Berkeley High School with IEPs are eligible for WorkAbility services including career/vocational assessment, career counseling and guidance, career preparation, employment preparation, job development, job search services as well as instruction in decision-making and interpersonal communications. The TPP may expand services to eligible students to include intensive and in-depth services in personal management, career management and life management.

The profile of a TPP student is based on the following factors:

• Enrolled as a second-semester junior or a senior with an IEP;
• Has a disability that constitutes or results in a significant impediment to employment; and
• Can benefit from vocational rehabilitation services to obtain and retain employment.

A benefit of this program is that once a student is a client, the DOR services can extend through life or until s/he achieves his or her employment goals.  These students receive services from the DOR vocational specialist and the TPP high school staff to connect them with adult services and agencies. In addition, any post-secondary student requesting WorkAbility services at the Adult School, the community college system or the 4-year college system must already be or become a DOR client.

The DOR reimburses the district for district-provided services. Services are matched as a percentage a district employee’s full time equivalent (FTE) and salary. The funds generated will pay for a TPP Support Specialist at Berkeley High School, job development training, instructional supplies, and indirect costs. The state match also provides DOR case management, and funds post-secondary education and services for students. 

BUSD and the DOR completed two successful three-year contracts: July 2010 through June 2013 and July 2013 through June 2016.  This proposal is to enter into another three-year contract, July 2016 through June 2019.

POLICY/ CODE:
Education Code Sections 56460-56463 

FISCAL IMPACT:
DOR provides a grant contribution of $92,106 annually for three years to BUSD to operate the TPP program.

STAFF RECOMMENDATION:
Approve the three-year renewal of the LEA/DOR Transition Partnership Program (TPP) Contract, July 2016 through June 2019.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                        Donald Evans, Ed.D., Superintendent
FROM:                  Javetta Cleveland, Deputy Superintendent
DATE:                   January 11, 2017
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. Dorian Photography donated $529.96 to be utilized as needed for Cragmont Elementary School.
2. Monica Biskup donated $200 through Fidelity Charitable to purchase supplies for Thousand Oaks Elementary School.
3. Pacific Gas & Electric donated $500 through YourCause Corporate Employee Giving Programs to be utilized as needed for Rosa Parks Elementary School.
4. Wells Fargo Community Support donated $830.78 through DoTopia to be utilized as needed for Rosa Parks Elementary School.
5. Cindy Vix donated $600 to be utilized as needed for Rosa Parks Elementary School.
6. Berkeley High School Development Group donated $26,521.55 to purchase computers and $5,909.21 to purchase iPods for the Science Department for a total donation of $ 32,430.76 for Berkeley High School.
7. AT&T donated $40 through YourCause Corporate Employee Giving Programs to be utilized as needed for Thousand Oaks Elementary School.
8. CindyVix donated $600 to be utilized as needed for Rosa Parks Elementary School.
9. Berkeley High School Development Group donated $17,000 to purchase seventy Chromebook laptops for Berkeley High School.

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $52,731.50 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         January 11, 2017
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. Community Alliance for Learning, to provide the WriterCoach Connection program for 9^th grade students in AHA at Berkeley High School for the period from 8/1/16-8/1/17. The cost will not exceed $10,500. To be paid from CA Partnership Acadamies Grant. Requested by Sam Pasarow.
2. Community Alliance for Learning, to provide the WriterCoach Connection program for BHS-AMPS program for the period from October 2016 through April 2017. The cost will not exceed $10,000. To be paid from CA Partnership Acadamies Grant. Requested by Sam Pasarow.
3. The Mosaic Project, to provide food, lodging and curriculum for Rosa Parks students while on a field trip to the Mosaic Camp for the period from 5/15/17-5/26/17. The cost will not exceed $20,280. To be paid from Restricted Donations. Requested by Paco Furlan.
4. Ever Forward Siempre Adelante, to provide mentor training and curriculum support at BHS for the period from 1/2/17-6/15/17. The cost will not exceed $12,500. To be paid from CA Partnership Acadamies Grant. Requested by Erin Schweng.
5. Lifelong Medical Care/Rosa Parks Collaborative to provide additional  family resource center services for Rosa Parks from 9/1/16-6/30/17. The cost will not exceed $73,200. To be paid from Restricted Donations, BSEP Measure A and LCAP Supplemental Fund. Requested by Paco Furlan.
6. Ratification of contract to San Joaquin County Office of Education, to provide Medi-Cal billing services for the 2016/17 SY. The cost will not exceed $16,500. To be paid from Medi-Cal Reimbursement. Requested by Lisa Graham.
7. Ratification of contract to Rachel Rodie to provide supplies for mural at Willard Middle School. The cost will not exceed $13,000. To be paid from Restricted Donations.  Requested by Debbie Dean. 
8. Increase in contract, P.O. 170182, to Anderson Carpet & Linoleum, to provide additional flooring service for the Maintenance Department. The Board approved $10,000 on 6/15/16. The additional contract amount will increase the cost by $3,000 for a total amount of $13,000. 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:        Pauline Follansbee, Director of Fiscal Services
DATE:         January 11, 2017
SUBJECT: Approval of Payroll Warrants Issued in November and December 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 months of November and December 2016.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,247,190.16 for November 2016 and $2,937,478.23 for December 2016 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in November and December 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Director of Fiscal Services
DATE:         January 11, 2017
SUBJECT: Approve Listing of Warrants issued in November and December 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 November and December are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$3,877,498.58 for the months of November and  $5,819,899.15 for the month of December 2016 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the months of November and December 2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         January 11, 2017
SUBJECT:   Overnight Field Trips

BACKGROUND INFORMATION:

The following overnight field trips are being requested:

Sempervirens Outdoor School, Santa Cruz, CA, February 6-10, 2017

Approve participation of 77 5th grade students and three teachers and one other adult from Berkeley Arts Magnet (BAM) Elementary School on a five-day, four-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups. The group will depart BAM Elementary at 9:30 a.m. on Monday, February 6th, and return at 1:30 p.m. on Friday, February 10, 2017.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature. BUSD will provide transportation. Students will sleep in gender specific cabins on the grounds. The cost of $322.00 per student will be paid for by parent donations, fundraising and scholarships. No student will be denied access based on inability to pay. Requested by Rene Molina, Berkeley Arts Magnet principal.

Sempervirens Outdoor School, Santa Cruz, CA, April 17-21, 2017

Approve participation of 73 5th grade students and 3 teachers from Thousand Oaks Elementary School on a five-day, four-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups.  The group will depart Thousand Oaks Elementary at 8:00 a.m. on Monday, April 17th, and return at 3:30 p.m. on Friday, April 21, 2017.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature. BUSD will provide transportation. Students will sleep in gender specific cabins on the grounds. The cost of $395.00 per student will be paid for by parent donations, fundraising and grants. No student will be denied access based on inability to pay. Requested by Jennifer Corn, Thousand Oaks principal.

 Pigeon Pt. Environmental Ed., Pescadero, CA, February 22-24, 2017

Approve participation of twenty (20) fifth grade students, one teacher, and seven other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, February 22nd, and return at 2:00 p.m. on Friday, February 24, 2017.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal.

 Pigeon Pt. Environmental Ed., Pescadero, CA, February 27-March 1, 2017

Approve participation of twenty-one (21) fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Monday, February 27th, and return at 2:00 p.m. on Wednesday, March 1, 2017.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal.

 Pigeon Pt. Environmental Ed., Pescadero, CA, March 1-3, 2017

Approve participation of nineteen (19) fifth grade students, one teacher, and five other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, March 1st, and return at 2:00 p.m. on Friday, March 3, 2017.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal.

 Pigeon Pt. Environmental Ed., Pescadero, CA, March 8-10, 2017

Approve participation of twenty-one (21) fifth grade students, one teacher, and six other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, March 8th, and return at 2:00 p.m. on Friday, March 10, 2017.  This field trip incorporates hands-on standards-based science and field work, including team and community building. Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation.  The cost of $340 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X 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:       Pat Saddler, Director, Programs and Special Projects
DATE:        January 11, 2016 
SUBJECT:  Ratification of Memorandum of Understanding with Lifelong Medical for Rosa Parks After-School Program

BACKGROUND INFORMATION:
Lifelong Medical Care has been the contracted fiscal agent for the Rosa Parks Collaborative, including the Rosa Parks Kids’ Village After-school Program since 2001.  Lifelong Medical manages all finances for the program, including all costs for the staff, supplies and equipment, and independent contractors. 

The Rosa Parks School Collaborative oversees the After-school Program as outlined in the Memorandum of Understanding between the District and the Collaborative.

Funding for Rosa Parks Kids’ Village After-school Program comes from two sources: After-School Education and Safety (ASES) Grant and parent fees.  The grant amount is based on meeting student attendance figures. 

Rosa Parks Kids’ Village After-School Program will generate a total of $169,575 from grant allocations this school year.  Board approval is needed to pay Lifelong Medical/Rosa Parks Collaborative up to this amount of $169,575 for the 2016-17 school year. 

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund.  The proceeds of $169,575 will be generated through the ASES Grant. 

STAFF RECOMMENDATION:
Approve payment to Rosa Parks Collaborative/Lifelong Medical Center for the Rosa Parks After-School Program for school year 2016-17.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Dr. Donald Evans, Superintendent
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:        January 11, 2017
SUBJECT:   Approval of Memorandum of Understanding for the Sharing of Data--Adult Education

BACKGROUND INFORMATION:
Berkeley Adult School is requesting approval of a Memorandum of Understanding (MOU) with the North Alameda Consortium for Adult Education (NACAE).

The purpose of the agreement is to facilitate the collection, analysis, and sharing of student data in order to track performance and improve student success in adult schools of northern Alameda County and the Peralta colleges. Specifically, by sharing transcript and identification information of certain former and present adult students, the adult schools and colleges can streamline college admissions processes, lower barriers to entry, and facilitate transitions of adult learners to higher levels of education and training.

At this time, the governing board of the Peralta Community College District has approved this MOU. The boards of Alameda Unified School District, Oakland Unified School District and Piedmont Unified School District are each being requested to approve this MOU.

POLICY/CODE:
Ed Code 84920
Ed Code 49076
Family Educational Rights and Privacy Act (FERPA)

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the Memorandum of Understanding for the Sharing of Data with the Northern Alameda County Consortium for Adult Education.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Lisa Graham, Director of Special Education
DATE:         January 11, 2017
SUBJECT:  Ratification of Contract with Bright Path Therapists for 2016 – 2017 School Year 

BACKGROUND INFORMATION:
The District contracts with Bright Path Therapists for services of ~2.5 FTE for Occupational Therapists (Total of 368 days – 8 hours per day) at a cost of $229,800.00. These services are required to fill positions for District staff currently out on maternity leave. Bright Path also provides services of Physical Therapists at a cost of $108,670.40 for a total Contract for the 2016-2017 School Year of $338,470.40. We are asking for Ratification of Contract for 2016-2017 SY in the amount of $338,471.40. 

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $338,471.40 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Ratify Contract to Bright Path Therapists for FY 2016-2017 services in the amount of $338,471.40.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:            Timothy E. White, Executive Director of Facilities    
DATE:             January 11, 2017
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.  On September 21, 2017 the Board approved an increase of $50,000 for additional design services for unforeseen dry rot framing repairs.

The dry rot was found to be more extensive than anticipated and BVA performed more design work for the repairs.

POLICY/CODE:
Board Policy 3310

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Lisa Graham, Director, Special Education
DATE:         January 11, 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 to 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 $232,241 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D, Superintendent
FROM:           Timothy E. White, Executive Director of Facilities
DATE:           January 11, 2017
SUBJECT:    Accept the Completion of the Blacktop Project

BACKGROUND INFORMATION:
On May 18, 2016, the Board awarded a contract to G&S Paving for $95,209 to perform the selective pavement replacement at Hopkins, Whittier (BAM), and Willard. On June 29^, 2016, the Board approved Futility Resolution 16-062 to include the paving of a lot next to B-Tech Academy. The project is now complete and all change orders have been negotiated. Staff requests Board Acceptance of this project.

Acceptance of the project will permit staff to file a Notice of Completion with the County and will permit release of retention. 

POLICY/CODE:
California Public Contract Code 20110- 20118

FISCAL IMPACT:
The project was funded through the Measure I bond.  The Blacktop Project had change orders of $110,287.94 or 115.84% above the original Board approved amount. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         January 11, 2017
SUBJECT: Approve Architect Selection and Contract for the Career Technical Education Facilities Projects  

BACKGROUND INFORMATION:
The Berkeley Unified School District (BUSD) is continuing to develop its Career Technical Education (CTE) programs.  New CTE programs will require use of existing classrooms and support spaces, facilities modifications to meet program needs, furniture and equipment purchases and technology.  In order to meet these needs in a consistent fashion the Facilities Department proposes to develop a set of District CTE Facilities Standards and an overview of appropriate facilities in the District.  Finally, there are several CTE programs which are coming on line this year which require Architectural, Engineering and Consulting Services in order to complete their facilities renovations. 

The District completed a selection process for Architectural firms in October of 2016.  The highest ranked firm, which had been approved by the Board at the meeting of October 26, 2016, was not able to reach agreement with the District on terms and conditions of its contract.  Therefore, staff is requesting that the Board approve a contract with the next highest ranked firm, SVA Architects.    

It is recommended that the Board approve a contract with SVA Architects for the Career Technical Education Projects.  The proposed fee includes Architectural/Engineering services for the transitional Stagecraft/Carpentry space at Berkeley High School and the Electronic Tech/Fab Lab at Berkeley Adult School.  The fee also includes standards development process. 

POLICY/CODE:
Board Policy 3310. 

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

STAFF RECOMMENDATION:
Approve SVA Architects for a contract of $312,375 to provide Architectural, Engineering and Consulting Services for BUSD Career Technical Education Projects. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Executive Director of Facilities
DATE:         January 11, 2017
SUBJECT: Approval of Measure I Bond Reallocation Plan.

BACKGROUND INFORMATION:
The Berkeley Unified School District Measure I Bond Program has been ongoing since 2010.  There are a large number of remaining projects which have not been initiated, and it is important at this time to consider modifications to the program plan, as the needs of the District have evolved and require a re-allocation of the bond funds to ensure that the funds are spent more efficiently and in line with the District’s goals and the voters’ intent. Just as importantly this facilities plan will provide for projects which reenergize our academic learning spaces with much needed improvements to our student support facilities, classrooms and teaching spaces, improvements that support current, new and evolving 21 Century Learning.

At the Board meeting of December 7, 2016 staff provided a presentation for review by the Board that included in-depth background for this item.  It is important to restate the criteria that staff has used to develop a plan for re-allocation:  consolidation of smaller projects, support of educational program needs, stronger support of current levels of student capacity, and finishing incomplete or un-modernized buildings.

The largest reallocation project is for the complete renovation of the Berkeley High School Theaters Building A, which will allow for a comprehensive renovation to a large, well-used space that has a great deal of exciting potential and is sorely in need of substantial renovation.

Another major proposed project includes Cafeteria, Multi-Purpose, Kitchen and Serving Area renovations and reconfigurations at multiple elementary sites to support current enrollment levels. 

The proposed plan will also facilitate the eventual balancing of elementary enrollment among the zones by creating infrastructure for a site at the West Campus.  The West Campus project may likely first serve as a critical “swing space” for both Berkeley High School Theater construction and the Oxford Elementary modernization/construction, and can provide emergency flexibility that is currently lacking in the District should we see an unexpected spike in enrollment or face some other kind of emergency.

The project reallocation maintains the District’s deep commitment to Career Technical Education projects, reconstruction of Maintenance & Operations facility at Russell/Oregon St.

Staff heard concerns from the Board and District community and has continued outreach efforts to stakeholders. Projects that would be deferred under the proposed reallocation are summarized for the Board’s review in the attached updated background material.

The proposed reallocation leaves the Measure I fund with a Program unallocated budget of $5,000,000 as a reserve that can be used for unforeseen facilities emergencies or critical projects at the sites.

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT:
Reallocates remaining projects Measure I Bond funds totaling $112,632,300.

STAFF RECOMMENDATION:
Approve the Reallocation of Measure I Bond Funds Recommended Option.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         January 11, 2017
SUBJECT:  Approval to Digitize W-2s, Time Sheets and Employee Payroll Files

BACKGROUND INFORMATION:
The District’s Payroll Office is frequently asked to produce historical payroll records covering multiple years in response to subpoenas and employee information requests. Many employees make request regarding their payroll history to determine the accuracy of their retirement reporting. Subpoenas typically request all employee records and are always time critical.

The District has payroll and personnel records on microfilm and paper reports, therefore, processing these requests is very time consuming. Employees, Union Members, and Legal Representatives have expressed concerns about the amount of time it takes to comply with these requests. On several occasions the Payroll Office has hired limited term help in order to meet these requests. It takes 6 times longer to pull information from microfilm than from PDF files.

In 2012, the Board approved a contract with BMI for $50,000 to image 550 rolls of microfilm and 40 storage boxes of paper reports. Staff is requesting the Board to approve another contract with BMI, Imaging Systems to convert more paper reports and microfilm records to modern searchable digital records so that we are compliant with record retention laws. The new service, with searchable digital records, will reduce search efforts from hours to minutes, and only a few minutes more to print.

The District still has approximately 65 boxes covering payroll and personnel records from 1978 to 2015, and approximately 162,076 pages of payroll registers, W2s and retirement reports covering 1978 to 2015.

FISCAL IMPACT:
Cost to convert Payroll and Personnel records from 1978 to 2015 is estimated at $31,530.08 plus tax will require funding from the General Fund Reserves. . The ongoing cost each fiscal year is estimated at $15,000. The requested $31,530.08.

STAFF RECOMMENDATION:
Approve agreement with BMI Imaging Services to convert the District's Payroll records to digital format. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:          Donald Evans, Ed.D., Superintendent
DATE:            January 11, 2017
SUBJECT:    Ratification of Renewal of Employment Contract for the Deputy Superintendent

BACKGROUND INFORMATION:
The Board of Education authorized the Superintendent to renew employment contracts for administrators whose contracts expire June 30, 2017.  The contract to be renewed and ratified is as follows:

      Javetta Cleveland, Deputy Superintendent                                                07/01/17-06/30/20

POLICY/CODE:
Education Code sections 44929.28, 45100.5, and 45103

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Ratify the employment contracts for administrators.

BP5145.3 and BP4119.11 were presented for first reading on December 7, 2016 and are now being submitted for approval. 

POLICY/CODE:
BP4119.11
BP5145.3

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION: 
Approve BP 4119.11 and BP 5145.3.

BERKELEY PUBLIC SCHOOLS

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

President Leyva-Cutler called the meeting to order at 7:15p.m. She reported that the Board convened to Closed Session at 5: 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
Petra Silvey, Student Director, BHS – Excused Absence
Alaunte Keys, Student Director, BTA – Excused Absence

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

REPORT CLOSED SESSION

President Leyva-Cutler reported out on closed session:  

Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)

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

Conference with Real Property Negotiators (Government Code Section 54956.8)

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

Superintendent’s Evaluation (Government Code Section 54957)

The Board will discuss this matter when it reconvenes to closed session at the end of open session. 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Alper/Appel and unanimously approved 5-0

Presentation by Berkeley City College President Rowena Tomaneng

PUBLIC TESTIMONY
A total of 11 people addressed the Board:

Two students and five adults spoke regarding Teacher Felarca’s return to the classroom.

Teacher Felarca spoke regarding her return to the classroom.

Two people spoke in support of the chess resolution. 

UNION COMMENTS
BFT Union President Cathy Campbell addressed consent item 12.4 regarding an allocation to support a 2020 Vision Fund Development Coordinator. She asked the Board to consider it carefully and to pull it for discussion. 

COMMITTEE COMMENTS
The Chair, Co-Chair and a member of the BSEP Committee addressed the Measure E1 ballot initiative .

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hemphill will hold office hours on third Saturday in November. She reported that the CTE Task Force had a great meeting yesterday. 

President Leyva-Cutler will hold office hours next Thursday. 

Director Appel will hold next office hours on November 19. 

Director Alper commented in support of the proposed 2020 Vision Fund Development Coordinator positon but on the understanding that it was a one-time allocation. 

Superintendent Evans added that the request of the 2020 Vision Fund Development Coordinator position will include a year-end evaluation that will allow us to determine whether or not we will continue to fund it.   

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Hemphill/Alper and unanimously approved 5-0

DISCUSSION ITEMS

Career Technical Education (CTE) Update (60 min)
Allotted time: 60 min
Actual time:  70 min

Assistant Superintendent Pasquale Scuderi and CTE Director Wyn Skeels presented an update on the CTE program. Student participants also shared their experience with the program. Questions and discussion followed.

Annual Report on Special Education
Allotted time: 60 min
Actual time:   50 min

Director of Special Education Lisa Graham provided an update on the 2015-16 special education demographics. Questions and discussion followed.

BOARD SELF EVALUATION

Appel as observer:

• We did ok with the introduction
• We need to improve closure summary
• Went over time on CTE update
• Staff does a good job of including the root of the problem in their presentation

ADJOURNMENT
Meeting adjourned open session at 9pm and the Board recessed back into closed session.  

BERKELEY PUBLIC SCHOOLS

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
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
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

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

Worker’s Comp Claim (Government Code Section 54961)

Claim #140900200

Motion to accept staff recommendation:
Alper/Hemphill and unanimously approved 3-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Absent
Josh Daniels, Director – Absent
Karen Hemphill, Director – Yes

Claim #15-081359

Motion to accept staff recommendation:
Alper/Hemphill and unanimously approved 3-0
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Absent
Josh Daniels, Director – Absent
Karen Hemphill, Director – Yes

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed the Superintendent’s evaluation; no action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of President Leyva-Cutler action item 12.1 was pulled from the agenda. At the request of Vice President Alper, discussion item 13.3 was moved to the beginning. 

Motion to approve agenda as amended:
Hemphill/Silvey and unanimously approved 5-0

PUBLIC TESTIMONY
A total of 14 people addressed the Board:

Two students and five adults spoke in support of immigrant students.

One person spoke in support of Measure E1.

One parent spoke in support of the developer fees study. 

One person spoke in support of the study facilities is conducting to solve the tennis court and parking issues at BHS. 

A community member commented on the CA Healthy Kids Survey. 

Three community members and a student spoke in support of teacher Felarca.

UNION COMMENTS
BFT President Cathy Campbell congratulated Director Appel and Director Leyva-Cutler on their reelection to the Board. She also thanked staff and the community for the passage of Measure E1.

BCCE President Paula Phillips addressed personnel issues and asked the Board and administration to begin taking the necessary steps towards resolving them.  

COMMITTEE COMMENTS
Danielle Perez, Co-chair of the BSEP P&O Committee read a statement on behalf of the committee thanking all who participated and contributed to the passage of Measure E1.  

Members of the Citizens Bond Oversight Committee spoke in support of Director White’s plan to restructure Measure I.

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Appel expressed feeling proud of the actions this Board has taken to protect our students. She added that she will do everything in her power to stand in solidarity with students and their families as we move forward in making sure our schools become sanctuaries. She closed by congratulating Director Daniels for the birth of his daughter.

Vice President Alper congratulated Director Daniels for the birth of his daughter, and Director Leyva-Cutler and Director Appel for their reelection to the Board. He appreciated Director Appel for her comments and reported that the Policy committee will review a proposed policy that will reaffirm our commitment to protecting our undocumented students. The hope is to have this policy approved prior to inauguration. He closed by thanking Berkeley voters for their support of the public schools.

Director Daniels thanked everyone for their well wishes and announced that he would be excusing himself at 9pm. 

Director Hemphill thanked Director Appel for her words and reminded the public that this is the same school Board that a few years ago linked arms with students against ICE’s threat to come on campus, that supported our Black students who walked out in response to a racial threat directed to them on campus, and that adopted policies in support of transgender students. She went on to congratulate Director Leyva-Cutler and Director Appel on their reelection and thanked the Superintendent for his letter to the community following the national election. She will hold her office hours on Sat., Nov. 26 at 10:30 at Café Leia. 

Superintendent Evans congratulated Director Appel and Director Leyva-Cutler for being reelected. He thanked Director Appel for her words and went on to announce that there is a PAC meeting tomorrow night. 

Student Director Silvey said she was proud of her peers for the walkout last week and sent her condolences to the student and family who were murdered last week.

President Leyva-Cutler said she was committed to working to protect the rights of our undocumented students and their families. She looks forward to the passage of a policy. No office hours in December.

CONSENT CALENDAR
Motion to approve the Consent Calendar: 

At the request of President Leyva-Cutler, consent item 11.3 was pulled for discussion.

Motion to approve consent calendar as amended:
Alper/Appel and unanimously approved 7-0

DISCUSSION ITEM

Measure I Bond Reallocation Plan
Allotted time: 60 min
Actual time: 73 min

Director White’s presentation outlined reallocation options. The recommendation is for the Board to approve an option with the flexibility to modify it as we move forward. This item will come back for approval on Dec. 7. Questions and discussion followed.

Report on Measure E1 Election Results
Allotted time: 20 min
Actual time: 15 min

Director of BSEP and Community Relations Natasha Beery reported that the measure was approved with a record high of 88.86% of Berkeley voters. Her presentation highlighted changes and explained the implications of current measure in comparison to the former.

Report on the 2016 California Healthy Kids Survey Results and Approval of Contract with New Bridge Foundation for ATOD Prevention and Intervention Support in BUSD (Leyva-Cutler/Alper and all in favor)
Allotted time: 50 min
Actual time: 50 min

Director of Student Services Susan Craig presented results from the CA Healthy Kids Survey. Questions and discussion followed.

Motion to extend meeting for 10 minutes:
Alper/Hemphill and unanimously approved 5-0

ADJOURNMENT:
President Leyva-Cutler adjourned open session at 11pm.

BERKELEY PUBLIC SCHOOLS

President Leyva-Cutler called the meeting to order at 7:40 She reported that the Board convened to Closed Session at 6:00 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
Petra Silvey, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Absent 

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

YEARLY ORGANIZATIONAL MEETING

Swearing in of Board Directors by City Clerk

Reelected Board of Directors Beatriz Leyva-Cutler and Judy Appel were sworn in by City Clerk Mark Numainville

Appointment of President/Chair, Vice-President/Vice Chair, Secretary and Clerk
Appel moved to approve the following appointments:
Ty Alper appointed as President/Chair
Josh Daniels appointed as Vice-President/Vice Chair
Superintendent Donald Evans as Secretary
Beatriz Leyva-Cutler as Clerk

Appel/Hemphill and unanimously approved 6-0

Approval of proposed Board meeting calendar for 2017

Motion to approve proposed Board meeting calendar for 2017:
Daniels/Appel and unanimously 6-0 

Approval of proposed committee and school assignments for 2017

Leyva-Cuter/Silvey and unanimously approved 6-0.

Adjourned to regular Board of Education Meeting 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Leyva-Cutler/Appel and unanimously approved 6-0

REPORT CLOSED SESSION

President Alper reported out on closed session:

Conference with Legal Counsel—Existing Litigation (Government Code 54956.9(a))

The Board received an update from counsel; no action was taken.

Conference with Real Property Negotiators (Government Code Section 54956.8)

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

The Board provided direction to the Superintendent; no action was taken.

Collective Bargaining (Government Code Section 54957.6); Lead Negotiator: Joshua Stevens, Legal Counsel; District Representative: Javetta Cleveland—BCCE

The Board provided direction to the Superintendent; no action was taken. 

Superintendent’s Evaluation (Government Code Section 54957)

This item was postponed until next meeting.

PUBLIC TESTIMONY
A total of 14 people addressed the Board:

Four students and a parent shared the experience of a student who was sexually harassed. 

A community member thanked the administration for approving a study to review the District’s summer school program.

Three students, a parent and three teachers spoke in support of the policy for the protection of undocumented students.

A community member requested disclosure of complaints from the last four years.

UNION COMMENTS

BFT President Cathy Campbell congratulated Alper and Daniels for their new roles as President and Vice-President and thanked Leyva-Cutler for a great year of service. On Behalf of BFT, she commented in support of the policy for the protection of undocumented students.

BCCE President Paula Phillips said that all types of harassment should be taken seriously and should involve a high level of sensitivity for the victim. She also expressed her support for the policy for the protection of undocumented students.

UBA Representative Marcos Garcia spoke in support of the Board Policy for the protection of undocumented students.

COMMITTEE COMMENTS
Vice Chair to BHS PTA Orlando Williams spoke regarding incidents at Berkeley High.  

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hemphill will not hold office hours this month. She announced that the annual MLK breakfast will be held on Jan. 16. 

Director Appel recognized Director Leyva-Cutler for her work as President and for her strong advocacy for families. She thanked the students who came out tonight. Office hours on December 17, 1pm-3pm at Café Leila.

Director Leyva-Cutler expressed appreciation for our school community who came out to share with the Board. No office hours in December. 

Director Daniels thanked Director Leyva-Cutler for her work as president. Will resume office hours in January.

Student Director Silvey thanked her peers for coming out to speak up. She expressed her support for the BHS Stop Harassing and the policy for the protection of undocumented students.

CONSENT CALENDAR
Motion to approve the Consent Calendar:

Leyva-Cutler/Appel and unanimously approved 6-0 

ACTION ITEMS

Board Policy for Protection of Undocumented Students
Alloted time: 30 min
Actual time: 30 min 

President Alper thanked the people who worked on crafting this policy just days after the election of Trump. He added that this is a Board Policy directing staff on what information to collect and disclose in the event that it is requested by federal immigration authorities. A resolution is forthcoming and will reaffirm our values and commitment to the safety of our students and make clear the extent to which we hold dear the principles discussed tonight. Questions and discussion followed.

Daniels added that adopting this policy does not mean it is final. As time goes on, we have the flexibility to improve it. (Daniels excused himself at 9pm)

Alper proposed adding language to clarify that our direction is to challenge any request by federal immigration authority for student records without a lawful and valid court order. The Board reviewed language.

Motion to approve this policy as amended tonight, to disseminate it as widely as possible prior to Inauguration and to have staff come back with an update on implementation of the policy at the January 11 Board meeting:

Leyva-Cutler/Appel and unanimously approved 5-0 

Director Appel, Silvey, and Leyva-Cutler will work together with community stakeholders to craft a resolution to be presented at the January 11 meeting. 

First Interim Budget Report for the Period Ending October 31, 2016
Allotted time: 30 min
Actual time: 17 min

Pauline Follansbee presented the first interim budget. Her presentation highlighted changes since adoption, accomplishments and multi-year projections. Questions and discussion followed. 

DISCUSSION ITEMS

Developer Fees Justification Study
Allotted time: 30 min
Actual time: 23 min 

Director of Facilities Tim White presented the purpose of developer fees. The recommendation is for the Board to approve the levying fees. This item will come before the January 11 meeting for further discussion or approval.

Board Meeting Norms
Allotted time: 15 
Actual time: 15

President Alper said this was an opportunity to review and discuss current norms. He welcomed comments from the Board. The consensus was that the norms are good as they stand. 

EXTENDED PUBLIC TESTIMONY

A total of four people addressed the Board:

Two community members and a teacher commented on the policy for the protection of undocumented students. 

BCCE President commented on the unfilled positions listed in the First Interim Budget.

ADJOURNMENT
President Alper adjourned open session at 10:33pm.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:    Timothy White, Executive Director of Facilities
DATE:          January 11, 2017
SUBJECT:    Discussion of Developer Fee Justification Study for possible Adoption of School Facilities Fees.

BACKGROUND INFORMATION:
The Berkeley Unified School District has a strong program to build and renovate its facilities to meet the challenges of educating our students.  Ongoing development in the city continues to impact the district’s facilities.  In order to meet these challenges, the Berkeley Unified School District Board of Education approved the preparation of the  development fee study to address impacts on the District’s facilities.  This study is attached and has been reviewed by staff for consideration by the Board. 

The District has not collected Developer Fees in the past. In order to approve and impose developer fees, the Board must hold a public hearing no earlier than ten (10) days following making the fee study available to the public for review.  The public hearing will be held on November 16, 2016. The developer fee justification study justifies fees in an amount higher than the current state-approved amount of $3.48 per square foot for residential.  However, the District is limited to imposing the state-approved developer fee rate. The fee study also justifies imposition of $0.56 per square foot for commercial/industrial space. 

The following table by way of compression shows several local districts and their developer mitigation fee position:

The District has reached out to the developer community and engaged with the City Manager in a process to help inform and understand implications among all appropriate stakeholders. It should be noted that the developer community has not expressed opposition to the District’s levy of these fees, however, they did request that the District evaluate the impact of the BUSD developer fees in the context of all other fees being assessed.  The District does not currently have that information, however, the City Manager has indicated that she would be providing the list of developer fees compiled by the City of Berkeley’s Office of Economic Development and the master fee schedule for the Planning Department. This list will cover the extent of what the City has  on developer fees.

It is anticipated that this item will return for a formal vote in February, 2017.

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT: 
Potential additional funds available for facilities projects, total impact not known at this time. Fund 25, Developer Fee Fund. 

STAFF RECOMMENDATION:
Discuss the “School Facility Fee Justification Report for Residential, Commercial and Industrial Development Project for the Berkeley Unified School District,” dated September 2016, and return to Board in for approval of Resolution #17-043, Adoption of School Facilities Fees at a later date.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         January 11, 2017
SUBJECT:     Update on Implementation of Policy to Protect Undocumented Students

BACKGROUND INFORMATION:
On December 7, 2016, the Board approved a policy extending protections for undocumented students and their families. The policy affirms BUSD’s ongoing commitment to ensuring that “equitable educational and programmatic services” are provided to all students regardless of their immigration status or the immigration status of their family members.

The particulars of this policy as adopted can be reviewed in their entirety as the full text is attached to this agenda item.

For context, the policy is adopted in part with respect to the 1982 Supreme Court ruling in Plyer v. Doe wherein the court stated immigrant students could not be denied access to a public education; moreover, that undocumented children have the same right to a free and public education as U.S. citizens and permanent residents.

The following information is provided to update the Board and the Community on the initial phases of the policy’s implementation in our schools.

Requests by Immigration and Customs Enforcement (ICE) to Access School Sites or to Access Student Information

At a December 14 meeting of elementary principals, administrators were given a preliminary review of the policy.  In particular, staff focused on areas providing guidance around how to respond if and when a request to visit or access a school is made by the Immigration and Customs Enforcement Agency (ICE). Principals were directed to politely deny access to government agents in that situation and to direct those requests to access school sites to the Superintendent or his designee. Comparable guidance was sent to secondary principals as well and both groups will review these aspects of the policy at the January 18 principals meeting.

Principals have also been advised to send any and all requests made by federal immigration officials for student information directly to the superintendent or his designee for review with legal counsel and/or the Board.

Admissions Considerations and Requests for Green Cards or Documentation of Immigration Status

Broadly, staff has also been presented with clarity on the policy’s prohibition regarding inquiring about or subsequently recording a student’s immigration status.

Admissions staff is also well aware of the policy’s clarification that District personnel shall not ask for green cards or any other forms of citizenship documentation at the initial registration or at any other time for any purpose.

Social Security Number Inquiries

Administrators are advised of the District's position that no District Personnel shall require students to apply for Social Security numbers nor shall the district require students to supply Social Security numbers for any purpose. At present neither our enrollment or admissions process, nor our application process for free and reduced lunch requires a social security number.

Referring Students, Families, or Employees to Legal Aid Rather Than Government Agencies

The policy requires the district staff and all district personnel refer any student, parent, or even employee to local legal aid services for advising and guidance should they have questions about their immigration status.  A wider list is being developed around all principles have been provided contact information for both the East Bay community Law Center and Bay Area Legal Aid to assist individuals or families who may need such guidance.

Next Steps

At the January 18 principals meeting several additional components of the policy will be discussed and strategies for further implementation will be determined in the following areas:

• Distribution of policy copies to all staff members at all school sites (including translation in Spanish)

• Distribution of the policy and a brief summary and/or explanation sent home to families

• Increased discussion and professional development around the considerations and sensitivities that may be associated with certain self-expression prompts assigned in classrooms

BERKELEY UNIFIED SCHOOL DISTRICT

FROM: Beatriz Leyva Cutler, Judy Appel and Petra Silvey
TO: Board of Education
DATE: January 11, 2017
SUBJECT:  Resolution 17-050 Reaffirming Our Commitment to the Education of All Children and Making all BUSD Campuses a Safe Zone for Students and Families Threatened by Immigration Enforcement

BACKGROUND INFORMATION:
On December 7, 2016 the Board approved Board Policy 5111.3 Protection of Undocumented Students. The Board formed a committee comprised by Board members and stakeholders to draft a resolution that reaffirms our values and commitment to the safety of our students. 

POLICY/CODE:
BP5111.3

FISCAL IMPACT:
N/A

BOARD MEMBER RECOMMENDATION:
Discuss Resolution 17-050 Reaffirming Our Commitment to the Education of All Children and Making all BUSD Campuses a Safe Zone for Students and Families Threatened by Immigration Enforcement

BERKELEY UNIFIED SCHOOL DISTRICT

FROM: Board Policy Subcommittee
TO: Board of Education
DATE: January 11, 2017
SUBJECT: Board Policy Priorities for 2017

The following are potential policy priorities that the Board Policy Subcommittee has identified for the 2017 year. The Subcommittee would like the Board's input on additional priorities, if any, for 2017.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed.D., Superintendent
FROM:           Javetta Cleveland, Deputy Superintendent
DATE:            January 11, 2017
SUBJECT:    Approval of First Interim Budget Report for the Period Ending October 31, 2016 

BACKGROUND INFORMATION:
Staff has prepared the First Interim report in compliance with Education Code EC 42131 (a)(1) requirements and AB1200. The First Interim Report covers the reporting period ending October 31, 2016. The report is required to be approved by the governing Board no later than 45 days after the close of the reporting date to determine whether or not the District is able to meet its financial obligations. The following certifications may be assigned:

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

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

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

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

This First Interim Report along with the Multi-Year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the First Interim Report to the County with a positive certification. 

This item was presented to the Board on December 7, 2016 and is now being submitted for approval. 

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

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the First Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:        January 11, 2017
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

December 31, 2016. This report includes updates of all active construction projects.  Maintenance projects are detailed in the Maintenance Quarterly Reports.    

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:     Board of Education
FROM:           Donald Evnas, Ed.D., Superintendent
DATE:           January 11, 2017
SUBJECT:   Review of Administrative Regulations for Expulsion and Suspension

BACKGROUND INFORMATION:
On June 29, 2016, the Board approved Board Policy 5144.3 governing changes to the expulsion policy for the District.  The approved Policy is attached.  The Policy Subcommittee and Restorative Justice Working Group continue to work on revisions to other aspects of the District’s discipline policies. 

In the meantime, staff, working in consultation with the Policy Subcommittee, has developed a revision to the Administrative Regulations (AR) that relate to BP 5144.  The Policy Subcommittee has reviewed the AR at meetings on these dates: September 9, September 22, October 14, and December 9.  At each of these meetings, there was robust participation from stakeholders in the community. 

In addition to revising the AR for expulsions, it became clear that the old AR 5144.1, which referred to both suspensions and expulsions, should be revised so that it would address only suspensions.  

Accordingly, as revised, AR 5144.1 will govern suspensions, and AR 5144.3 will govern expulsions.

Attached are the revised AR 5144.1 and 5144.3.  Note that the only substantive changes to AR 5144.1 are to remove the provisions relating to expulsions, which are now found in AR 5144.3.  No other revisions to AR 5144.1, governing suspensions, have been made.  As the Policy Subcommittee and Restorative Justice Working Group continue their work, we may very well wish to make substantive revisions to AR 5144.1.  For now, the purpose in revising AR 5144.1 was to eliminate any confusion over which AR applied in which situations.

POLICY/CODE:
Board Policy 5144

FISCAL IMPACT:
There will be a small additional cost for instruction of the few students each year on extended suspension pending expulsion, but it is likely that this will be offset, or even exceeded, by a reduction in expulsion hearings, which incur considerable legal costs for the district.

RECOMMENDATION:
Provide feedback to the Superintendent with respect to AR 5144.3.

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.