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 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

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: March 8, 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:         Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          March 8, 2017
SUBJECT:    Potential Reassignment of Administrative/Supervisory Certificated Employees

BACKGROUND INFORMATION:
To meet the needs of school districts, California Education Code provides for governing boards to reassign certificated employees holding positions requiring administrative or supervisory credentials.  For the Board to reassign such employees, the employees must be noticed by March 15 that they may be released from their present positions and reassigned for the following school year. 

POLICY/CODE:
Education Code section 44951

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          March 8, 2016
SUBJECT:   Non-Reelection of Probationary Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a probationary contract.  An individual newly-employed by the District must serve a probationary period before earning permanency. A probationary certificated employee shall be notified, on or before March 15 of the employee’s second complete consecutive school year of probationary employment, of the District’s decision to not reelect the employee for the next succeeding school year.

POLICY/CODE:
Education Code section 44929.21(b)

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:         Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          March 8, 2017
SUBJECT:   Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a temporary contract for multiple specified reasons.  Such employees may be released at the end of the school year at the Board’s discretion.  To prevent overstaffing, to maintain the integrity of the employment process, and to ensure that the District employs the best available certificated staff, it is prudent to release Temporary (including “Probationary 0”) employees at the conclusion of the school year.  Such individuals may re-apply for vacant positions in the District.

POLICY/CODE:
Education Code Sections 44954 and 44909

FISCAL IMPACT:
Reduction in employee costs

STAFF RECOMMENDATION:
Approve the Resolution.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         March 8, 2017
SUBJECT:  Approval of Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

BHS Jazz Lab I, Santa Cruz Jazz Festival, Santa Cruz, CA March 17-18, 2017
Approve participation of fifty-four students, one teacher and sixteen other adults from Berkeley High School’s Jazz Lab I class, on a two-day, one-night field trip to the Santa Cruz Jazz Festival.  The group will depart from BHS at 8:30 a.m. on Friday, March 17, and return home with their parents at approximately 6:00 p.m., on Saturday, March 18, 2017.  Combos play music composed and arranged by students.  The festival includes many high school groups which will enable students to focus on analyzing the elements that make a good performance.  Students will stay in supervised, gender specific rooms at the Seacliff Inn in Aptos.  Students will travel with volunteer parent drivers to and directly home from the event.  Parents will submit a “Notification of Adults Driving Private Vehicles” as required by Resolution 04-65.  The $3000 cost is being paid with BHS Jazz Association funds.  The substitute will be paid from BHS site funds.  No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS principal.

BHS Jazz Ensemble, Monterey Jazz Festival, March 31-April 1, 2017, Monterey, CA
Approve participation of twenty-five students, one teacher and eight other adults from Berkeley High School’s Jazz Ensemble, on a two-day, one-night field trip to the Monterey Jazz Festival.  The group will depart from home at 12:30 p.m. on Friday, March 31st and depart the jazz festival in Monterey at approximately 9:00 p.m., on Saturday, April 1, 2017.  The Jazz Ensemble and Combos will play music composed and arranged by students.  The festival is comprised of performances by many high school groups, which enable students to focus on analyzing the elements that make a good performance.  Students will stay in supervised, gender specific rooms at the Monterey Marriott in Monterey.  Students will travel with volunteer parent drivers to and directly home from the event.  Parents have submitted a “Notification of Adults Driving Private Vehicles” as required by Resolution 04-65, approved by the Board in 2005.  The cost of $2000 will be paid BHS Jazz Association funds.  No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS principal.

BHS AMPS Junior Retreat-Applegate, CA, March 29-30, 2017
Approve participation of fifty B.H.S. eleventh grade Academy of Medicine and Public Service (AMPS) students, and six teachers on a two-day, one-night field trip to the Jesuit Retreat Center.  The group will depart Berkeley High School on Wednesday, March 29th, at 8:30 a.m., and return Thursday, March 30, 2017 at 3:30 p.m.  AMPS Juniors will participate in a Junior Retreat /Community Building. The goal is to build a sense of purpose and show them the support they can provide one another as well as the support that they have within and from their teachers and families.  The retreat provides a space to reflect on the relationship between this support and academic success.  Students will stay in gender specific cabins.  BUSD or Michael's will provide transportation.  The total cost of $100 per student will be paid from AMPS/CPA Grant funding. No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS Principal.

Samuel P. Taylor State Park, San Francisco, CA April 26-28, 2017
Approve participation of twenty-seven fifth grade students, one teacher, and four other adults from Jefferson Elementary on a three-day, two-night field trip to Samuel P. Taylor State Park in San Francisco.  The group will depart Jefferson on Wednesday, April 26^th at 9:30 a.m. and return Friday, April 28, 2017 at 2:00 p.m.  Students will learn about local ecology, environment protection, and native cultures while working on cooperative, decision-making, communication and leadership skills.  Students will sleep in gender specific tents. BUSD will provide transportation.  The total cost of $2000 is being paid through class fundraising, parent donations and a BPSF grant.  No student will be denied access based on inability to pay. Requested by: Mary Cazden, Jefferson Principal.

State Capitol/UC Davis, Sacramento, CA, March 27-28, 2017
Approve participation of fifty-five eighth-grade students, four teachers, and two other adults from Longfellow on a two-day, one-night field trip to the State Capitol in Sacramento, CA.  The group will depart Longfellow at 9:00 a.m. on Monday, March 27^th and return on Tuesday, March 28, 2017 at 5:00 p.m.  Students will see the California State Legislature in action to supplement their history class. The overnight is for team building and the following day we will visit UC Davis as part of the Avid goal of early college awareness. BUSD will provide transportation.  Students will sleep in gender specific rooms at a local youth hostel.  Cost for the trip is $80.00 per student and is being paid by students, grants and school PTA funds.  No student will be denied access based on ability to pay. Requested by: Marcos Garcia, Longfellow Principal

Yosemite National Park, CA, May 7-10, 2017
Approve participation of approximately one hundred sixty-five grade students, ten teachers, and seven other adults from Longfellow Middle School on a four-day, three-night field trip to Yosemite Valley, CA.  This trip is open to all graduating 8^th graders.  The group will depart Longfellow Middle School at 8:00 a.m. on Sunday, May 8th, and return at 9:00 p.m. on Wednesday, May 10, 2017. This program is intended to expose students to the great natural beauty of Yosemite, to provide them with interpersonal and physical challenges, and to promote their strong identity as a group of successful students as they prepare to enter Berkeley High School.  It is both a celebration of their success as Longfellow graduates and a preparation for their new life at Berkeley High School.  Students will sleep in gender specific cabins.  The $350-500 per student (depending on financial assistance need) cost is being paid by PTA, BPSF Grant, fund raising and parent donations.  No student will be denied access based on inability to pay. Requested by: Marcos Garcia, Longfellow Principal.

Close Up Washington, D.C., April 16-20, 2017
Approve participation of 197 8^th graders, five teachers and 16 parent chaperones from Martin Luther King Middle School on a five-day, four-night field trip to Washington, D.C. to participate in the Close-Up Program. Students will meet at San Francisco International Airport on Sunday, April 16^th at 2:30 a.m. and parents will pick up their students at the airport upon returning April 20, 2017 between 8:00 pm-1:00 a.m.  The Close-Up curriculum offers students a first-hand look at our government through talks with their national representatives as well as the opportunity to learn about the functioning of their government.  Close- Up staff provides student supervision at a ratio of 10:1. Students will stay in D.C. area hotels, four to a room on gender specific floors, with stationed Close-Up representatives to ensure that curfew and other rules are enforced. The cost of $2000 per student is being paid by fundraising, scholarships and parent donations. No student will be denied access based on ability to pay.  Requested by: Janet Levenson, MLK Principal.

Camp Arroyo, Livermore, CA., March 22-24, 2017
Approve participation of forty-five fifth grade students, three teachers and 15 other adults from Emerson Elementary on a three-day, two-night field trip to Camp Arroyo in Livermore, CA.  The group will depart from Emerson on Wednesday, March 22nd, at 9:45 a.m., and return Friday, March 24, 2017, at 2:00 p.m.  Through a series of hands-on activities, students will increase their understanding of and respect for ecology and the environment. Activities will support the Life and Physical Science curriculum.  Students will sleep in gender specific cabins.  BUSD will provide transportation.  The cost of $217.00 per student is being paid by fundraising, grants, PTA and parent donations.  No student will be denied access based on inability to pay.  Requested by Susan Hodge, Emerson Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D., Superintendent
FROM:            Javetta Cleveland, Deputy Superintendent
DATE:             March 8, 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. AT&T Bright Funds Foundation donated $290.00 to Principals’ Discretionary Fund for Thousand Oaks
2. Washington PTA paid $2,700.00 for tutor services for Montay Roberts.
3. Lifetouch national school studios donated $190.00 to Principals’ Discretionary Fund for LeConte
4. Lifetouch made a donation of $1,561.46 to Berkeley Arts Magnet

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 $ 4,741.46 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:        March 8, 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. Increase in contract amount, PO 170561, to Bay Area Community Resources to provide additional mental health programming and consulting for students and staff at Jefferson Elementary School. The original purchase order in the amount of $8,000 was issued on 8/17/16. The additional amount requested is $12,000 for a total amount of $20,000. To be paid from LCAP Supplemental Grant. Requested by Pat Saddler.
2. Increase in contract amount, PO 170698, to Rudys Commercial to provide additional refrigeration repairs for Nutrition Services. The Board approved $20,000 on 8/24/16. The additional contract amount will increase the cost by $15,000 for a total amount of $35,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
3. Increase in contract amount, PO 170026, to Dream Ride Elevator to provide additional elevator services for the Maintenance Department. The Board approved $80,000 on 6/15/16. The additional contract amount will increase the cost by $9,000 for a total amount of $89,000. 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 PUBLIC SCHOOLS

President Alper called the special meeting to order at 6:00 p.m.

Roll Call
Board of Education:
Ty Alper, President – Present,
Josh Daniels,  Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Judy Appel, Director – Present by phone
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 Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

APPROVAL OF SPECIAL MEETING AGENDA
Motion to approve agenda:
Leyva-Cutler/Daniels and approved 4-0. 

PUBLIC TESTIMONY
A total of 14 people commented on the proposed redesign for BHS. 

ACTION ITEM

Redesign of Berkeley High School
The BHS design team presented its proposed plan for the redesign of Berkeley High. Their presentation highlighted some of the key changes including a universal ninth grade, six heterogeneous houses of 120 students, and common collaboration for house teachers. If approved to proceed tonight, the next few months will involve refining the proposal. Questions and discussion followed. 

President Alper gave the Board an opportunity to ask any clarifying questions.

Motion to direct District staff and the Design Team to continue to develop their current proposal over the next few months so that they are prepared to bring the final proposal to the Board for a first reading at the May 17 meeting, with a goal of final approval at the June 14 meeting, in time for implementation in the Fall of 2018 

The motion included direction for the Design Team and District staff to include in the final proposal, in addition to the details of the proposal, the following:

• A specific budget including tradeoffs the District will have to make to fund the redesign
• A description of what science education will look like in 9^th grade
• A specific plan for school year 18-19, as well as multi-year timelines with decision points along the way towards a full redesign of the entire school
• More information about the houses and the ways in which community will be built within the houses, and whether houses will have distinct identities
• How CPAs will be affected in grades10-12
• How the needs of special education students  will be addressed
• A detailed description of the Academic Development course, including how it satisfied the G requirement, concurrent enrollment options with BCC, and plans for evaluating and adjusting this course as necessary going forward
• How we will measure success and what metrics will we use
• A specifics description of how the modified block schedule will work

Alper/Daniels and unanimously approved 6-0. 

ADJOURNMENT
President Alper adjourned special meeting at 8:10 p.m.

BERKELEY PUBLIC SCHOOLS

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

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

Roll Call
Board of Education:
Ty Alper, President – Present
Josh Daniels, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Judy Appel, 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 Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION

President Alper reported out on closed session: 

Consideration of Student Expulsion (Ed Code 43918(c))

Case no. 1617-04-040602

Motion to accept staff recommendation:
Leyva Cutler/Hemphill and approved 3-1
Ty Alper, President – Yes
Josh Daniels, Vice President – No
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Judy Appel, Director -- Abstained

Case no. 1617-11-061503

The Board gave direction to staff; no action taken.

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

The Board provided direction to staff. No action taken.

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

Case no. 130300061
Motion to approve staff recommendation:
Appel/Leyva-Cutler and unanimously approved 5-0

Case no. 120400094
Motion to approve staff recommendation:
Appel/Leyva-Cutler and unanimously approved 5-0

Threat to Public Safety (Government Code Section 54957)—Lieutenant Hawk

The Board provided direction; no action taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Daniels/Silvey and unanimously approved 6-0 

PUBLIC TESTIMONY
A total of 15 people addressed the Board: 

Five people commented on BUSDs sexual harassment policy.

Four BHS students read aloud a peer’s story.

Four students and two adults spoke in support of a teacher.

A teacher spoke on her own behalf.

UNION COMMENTS

Berkeley Federation of Teachers (BFT)
RTI Coordinator Lauren Morrison shared the success stories of three students going through RTI at Oxford Elementary. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Appel thanked the students who came out tonight. She assured them that she hears them and is concerned. 

Student Director Silvey acknowledged her peers for coming out to speak. She read aloud a statement on behalf of the student leadership at BHS. 

Director Hemphill thanked student director Silvey for speaking on behalf of the BHS student body. Her next office hours are on March 25. 

Vice President Daniels highlighted item 11.12 (lowering the voting age for Berkeley School Board elections to 16 years). 

Director Leyva-Cutler acknowledged the courageous students who addressed the Board tonight.

CONSENT CALENDAR
Motion to approve the Consent Calendar:

Daniels/Appel and unanimously approved 6-0 

DISCUSSION ITEMS

California Accountability Model and School Dashboard System
Allotted time: 30 min
Actual time: 30 min

Director Pat Saddler introduced the new statewide accountability model replacing the Academic Performance Index system for a more integrated accountability system based on state and local district indicators. She provided an overview of what each of the six indicators measures as well as some of the key shifts of new system. Questions and discussion followed. 

ACTION ITEMS

Refunding of General Obligation Bonds—Resolution 17-054
Allotted time: 10 min
Actual time: 2 min

Motion to approve staff recommendation:
Daniels/Leyva-Cutler and unanimously approved 6-0.

Vote for Delegate to the California School Boards Delegate Assembly

Allotted time: 5 min
Actual time: 3 min

Motion to vote for all four candidates:
Daniels/Appel and unanimously approved 6-0.

ADJOURNMENT

President Alper adjourned open session at 9p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D,  Superintendent   
FROM:    Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:     March 8, 2017
SUBJECT:   Update on Extended Learning Programs (BEARS and LEARNS)

BACKGROUND INFORMATION:
BUSD currently runs extended learning programs during the school year through either the Links Enrichment, Academics, and Recreation to the Needs of Students (LEARNS), or Berkeley’s Excellent Academic Road to Success (BEARS) program at all 11 elementary schools and three middle schools.   The table below indicates which K-5 schools offer LEARNS, BEARS, or both, and also indicates which schools host other programs.  Middle schools offer a LEARNS program, as BEARS only accommodates students up to age 12.

Extended Learning Offerings at K-5 Schools

These two programs exist separately due to the differences in the requirements of their respective funding sources; the After School Education and Safety grant which supports LEARNS and the California Department of Education’s Child Development Programs which supports BEARS. In addition to these funding sources, both programs charge parent fees on a sliding scale; however, BEARS provides a fully-subsidized program for families that qualify.  The LEARNS program had funding from the 21st Century Community Learning Centers grant through 2014. An application has been submitted for the same grant this year, which would provide an additional $480,000 in annual funding starting next school year for five years. We will receive notification from the state of the approval status by early May.  This will not affect the current revenue streams for the program.

Program Requirements

Through the two programs, all children are served, and no child is turned away due to an inability to pay. We do our best to accommodate as many students as possible; however, on occasion funding prevents us from expanding existing site programs and may limit enrollment.

Priority is given to families needing a full time program, and on occasion this may limit the amount of spaces we have for families seeking only part-time enrollment.

Morning programs operate from 7:00 a.m. until the start of the school day at eight sites, all seven BEARS sites and one LEARNS site.  

Afterschool programs operate from the time students are dismissed from the regular school day until 6:00 p.m. every day that school is in session. The LEARNS program operates every day that school is in session. The BEARS program operates every day that school is in session and during all breaks for a total of 240 days of the year.

The extended learning programs support children in reaching their full potential by providing academic support, enrichment classes, and physical recreation in a safe and structured environment.  The program is proud of the strong link developed by the staff with our families.  This unique link brings together teachers, school day staff, families, and school-based programs to advocate for families in supporting students.

Enrichment activities are delivered by LEARNS staff and outside vendors.  These activities include various classes enjoyed by our students like hands-on science, Spanish, dance, coding, and cooking.  The full list of enrichment classes offered by our program is included in the attachments to this memo (they are labled LEARNS Information for Board Presentation and BEARS Information for Board Presentation).  In addition to these classes, some sites have enrichment classes coordinated by the PTA.  These classes require an additional fee, unless scholarships are offered by the PTA.

Coordination with the school day happens in various ways. LEARNS Program Specialists meet regularly with principals to ensure the program aligns with the school’s goals and needs.  Staff members regularly communicate with teachers to coordinate academic support and social-emotional development of students. Some of the most effective coordination occurs when afterschool staff are employed during the school day. At many sites, LEARNS and BEARS staff are attending School Governance Council, Individualized Education Program, and Response to Intervention meetings to best support the students and the program. While coordination is happening in many ways, holding consistent meeting times between after school staff and school day staff is a challenge.

There also remains a need to continuously support as well as assess the capacity and skills of our after school instructional staff so as to ensure that students with steep academic challenges are met with instructional support that is commensurate to their needs.

Overview of 2016-17 Program

This school year we have already served 2,696 students in the LEARNS program and 215 students in the BEARS program.  The breakdown of the students by site is as follows:

Afterschool Student Enrollment

We have experienced areas of growth in completing the Federal Program Monitoring (FPM) review process, hiring and retaining high quality staff, and developing strong academic support and enrichment.  FPM created a chance to better understand our programs and the resources available to us at the county and state level.  We are finding unique ways to hire and retain quality staff members due to the constraints of the part-time hours and lower salaries of the positions in our program.  We are developing strong academic support and enrichment by exploring intervention programs, collaborating with school day staff, and developing our staff members.  As can be seen in the After School Achievement Data attachment, we have an opportunity to reach students who will benefit with increased intervention.

We have focused on building the program through staff development, increasing collaboration with school day staff, developing greater access to technology for students, and providing equitable opportunities for all students.  

Program Planning for the Future

The goal of the extended learning program is to provide a program that supports our students and the needs of our families.  This includes developing our staff through ongoing professional development and mentoring, increasing collaboration with the school day staff to best support the learning that is occurring during the school day and extend the learning opportunities for students; increasing access to technology; and building partnerships with the community including the City of Berkeley, UC Berkeley, community organizations, and local businesses.

POLICY/CODE:
Ed Code 8482-8484

FISCAL IMPACT:
N/A

BERKELEY UNIFED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed., Superintendent
FROM:           Javetta Cleveland, Deputy Superintendent
DATE:            March 8, 2017
SUBJECT:     Certification of Second Interim Report for the Period Ending January 31, 2017

Staff has prepared the Second Interim report in compliance with Education Code EC 42131(a)(1) requirements and AB1200.  The Second Interim Report covers the reporting period ending January 31, 2017.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period 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 Second Interim Report, along with assumptions using the School Services of California, Inc. Dartboard, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.  The Second 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 Second Interim Report
5. Form 01 – General Fund on Restricted and Unrestricted formats
6. Form 11–67 for all other District funds
7. Form A – Average Daily Attendance
8. Form Cash—Cash Flow
9. General Fund Multi-year Projection using the MYP software (under separate cover)
10. Criteria and Standards

This Second 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 Second Interim Report to the County with a positive certification.

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

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the Second 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:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         March 8, 2017
SUBJECT:   Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Federation of Teachers (BFT)

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations.  As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted.  The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Berkeley Federation of Teachers (BFT) and the District for a successor agreement between the District and BFT for the collective bargaining agreement expiring June 30, 2017.  This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

POLICY/CODE:
California Government Code Section 3547
Board Policy 4143.1
Board Policy 4243.1

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Superintendent
FROM:          Timothy White, Executive Director of Facilities
DATE:           March 8, 2017
SUBJECT:    Measure H Financial Update (Second Interim FY 2017)

SUMMARY AND DISCUSSION
This report is an update of the Maintenance Yearly Plan and Measure H expenditures from July 1, 2016 through January 31, 2017.  This report does not separately document encumbered (obligated) expenses from other planned expenses, nor is it a comprehensive look at the activities in this fund; that more comprehensive look occurs annually.        

The first chart details the actual recorded expenses as of January 31, 2017 and the current projected expenses for the remainder of the Fiscal Year.   All expenses are consistent with previous reports and are based upon State defined object codes unless stated otherwise.  This report differs slightly from the other District reports because the hourly cost of the Director of Facilities is listed on this report as a salary and benefit expense whereas Board reports show this as an interfund (contract) expense, and the cost to pay the County and City tax collection fees are deducted from the income whereas the District reports will list a higher income and will list those fees as a contract expense.

The next chart compares the projected expenditure recommendations in the 2017 Annual Plan with current projected expenses.

EXPENDITURES

SALARIES AND BENEFITS

The projected expenditures for salaries, benefits and overtime are $171,000 less than contained in the Annual Plan.  The change is because we have had several vacancies for most of the year. Some of this difference was predicted at first interim.     

The salary and benefits budget includes costs for the following list of permanent staff positions.  Please note that we list some jobs by functional area; we feel this provides the information in a more meaningful way.

STAFFING

Total                                                           41.54 FTE

We do not detail the 5% of head custodians charged to the Measure H Fund in the chart above. 

VACANT POSITIONS
One Supervisor, one Maintenance Engineer, one Maintenance Technician and one Gardener position are vacant.  The Supervisor and Technician positions have been vacant all year. The Engineer and Gardener positions have been vacant for about one month each. We hope to have all positions filled by the end of the school year.

SUPPLIES

The projected expenditures for supplies are the same as contained in the annual plan.       

CONTRACTED SERVICES

The planned expenditures for contracted services are the same as in the annual plan.           

MAINTENANCE INITIATIVES

The planned expenditures for maintenance initiatives are $80,000 more than planned in the annual plan. We predicted this at first interim.  

EQUIPMENT

The planned expenditures for Equipment are $9,000 more than in the annual plan. We are planning to buy one vehicle and a large commercial mower.

INDIRECT COSTS

The projected expenses for indirect costs are the same as the projection in the 2017 Annual Plan.   

TOTAL EXPENDITURES
The changes result in a $82,000 decrease of projected expenditures compared to the budget contained in the 2017 Annual Plan.   

TOTAL INCOME
The 2017 Annual Plan income projection for Measure H is $5,958,904.  

INCOME OVER EXPENDITURES

TOTAL INCOME

The projected income from Measure H has stayed the same.

TOTAL EXPENDITURES

The total projected expenditures have decreased by $82,000.  

TOTAL INCOME OVER EXPENDITURE

The 2016 ending fund balance contained in the unaudited actual report was $1,016,000.  This amount was about $45,000 more than planned. The projected income received from Measure H including interest for this Fiscal Year is $5,958,904. 

The projected expenditures for the 2017 year are $6,205,000.  The revised projected fund balance for Measure H as of June 30, 2017 is $766,764.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive Financial Update on Measure H.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Superintendent, Ed.D
FROM:        Timothy White, Executive Director of Facilities 
DATE:         March 8, 2017
SUBJECT:  Measure H Second Quarter FY 2017 Report

SUMMARY AND DISCUSSION
This report is an update of the Maintenance Department for the second quarter of the 2017 Fiscal Year.  The reporting period covers October 1, 2016 through December 31, 2016.  The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved Plans as we make progress on those goals. 

COMMUNICATION/REPORTING
The Committee met on October 12^th.  Management presented a report of projects completed over the summer.  An attorney for the District gave a presentation on By-laws.  The Committee received Measure H First Quarter Update and Measure H First Interim financial update.

COMMITTEE MEMBER COMMENTS

MAINTENANCE
The evening crew was short four positions.  In addition, we had an unusual amount of emergency repairs.  Because of these factors, the evening crew spent their time on emergency repairs instead of their regular routine of visiting schools as a group.

The fire inspector visited four sites. Three sites passed; one site had deficiencies which were repaired.  The site was re-inspected and passed.

The State elevator inspection department conducted ten inspections in which there were infractions. The issues were addressed and we received notices of compliance for nine of these.  At the Adult School, there is a wheel chair lift that requires significant repair.  Our conveyance contractor is performing an investigation of potential solutions. 

TRAINING
All employees attended our annual Staff Development Day in which we had diversity training, mandated reporter training, and training on blood borne pathogens. 

GROUNDS   
The grounds department focused on tree pruning and storm drain cleaning. 

VEHICLES AND EQUIPMENT
We plan to buy one new vehicle and a large commercial mower,      

STAFFING

Total                                                           41.64 FTE

We do not detail the 5% of head custodians charged to the Measure H Fund in the chart above. 

BUDGET
The Measure H 2^nd Interim Report for FY 2017 will be presented to the Committee on February 21^st and to the Board on March 8^th.  

CUSTODIAL
Two custodians were hired.

UTILITY REDUCTION AND MONITORING
We are searching for a centralized monitoring solution for our sites with solar power.

PROPERTY MANAGEMENT
Staff processed 98 permits from October 1, 2016 through December 31, 2016.  The gross revenue received in this time period was $94,799.76.  

WASTE MANAGEMENT  
We have continued to put forward the effort to reduce waste and increase recycling.

HAZARDOUS MATERIALS  
There was flooding in the District’s main file storage room.  We have performed restoration work and cleared the space of mold.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:      March 8, 2017
SUBJECT:  Plan for 2020 Bonar Starting in Summer 2017

BACKGROUND INFORMATION:
Berkeley Unified School District has a facilities use agreement with Realm Charter High School for the use of the West Campus with the understanding that REALM only needed one year and would find a facility .  This agreement expires on June 30, 2017 when REALM is scheduled to vacate the campus. As presented to the Board in December 2016 the Measure I Capital Program Reallocation Plan anticipates the use of the West Campus as a “swing site” to reduce the adverse impact of heavy construction on teaching and learning. In the meantime, we have plans to use the site for critical District functions beginning this summer.

To prepare West Campus as a swing site, Facilities is currently engaging with the necessary design professionals to determine the logistics of scope, schedule and potential budgetary impact. On December 7, 2016, the Board approved CAW Architects to provide a scoping study of this site.  We anticipate hiring an architect in May 2017 to provide design services for this project. If the architect is on board by May 2017, we anticipate submitting plans and specifications to the Division of the State Architect for approval by the end of year.

The use of the West Campus as a temporary location to house students from school projects under going heavy construction is scheduled to start in the summer of 2018.

Additionally, Staff has identified programs that must immediately be relocated to the West Campus this summer.  VAPA, the district’s Visual and Performing Arts program, is located at Willard Middle School. They are located in four classrooms that will need to be vacated to accommodate enrollment for the 2017/2018 school year.  VAPA is scheduled to move in the West Campus E Building as soon as REALM vacates that space.  The District has also scheduled Career Technical Education (CTE) classes to take place at West Campus beginning with the summer session.  Finally, the District intends to use the classrooms on the first floor of 2020 Bonar as conference rooms and potential office space beginning this Summer, which will alleviate a critical shortage of such space at the District headquarters.

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT: 
None.

STAFF RECOMMENDATION:
Accept as information update.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Timothy E. White, Executive Director of Facilities
DATE:            March 8, 2017
SUBJECT:    Update on All-Student Restroom Implementation at all District Schools

BACKGROUND INFORMATION:
In late spring of 2015, the District decided to designate a “Gender Neutral (All Student)” restroom at each school. The maintenance department identified a restroom at each site and worked with Educational Services to choose the signage wording and symbol. There were several iterations of the signage wording and symbol in the summer months of 2015 and in an effort to complete the project by the fall of 2015, some signs were installed with the incorrect wording and/or symbol. The maintenance department until months later did not realize this oversight. However by the fall of 2015, all schools had a designated “All Student” restroom. This was phase one of the implementation.

In October of 2016, the Gender Inclusive School Alliance (GISA) and Welcoming Schools Liaisons released a report of findings from a survey that they had performed. Their survey found that there was incorrect signage on the All Student restrooms and that some of the All Student restrooms were not in ideal locations for the students. The report concluded with a three-step action plan. The first step of their action plan was for Principals to work with GISA and Liaisons to identify more appropriate restrooms at their sites, Step 2 was for maintenance to replace the signage at all newly identified restrooms and the third step was for administration to follow up and make sure that steps 1 and 2 were completed.

Staff has currently labeled and posted signage for Gender Neutral restroom use at all of the District’s school campuses with the exception of Berkeley High School. All of the restrooms used are single use restrooms and were taken in some cases from existing Teachers designated restrooms and in other cases from pre-existing single-stall student facilities. Note that this reduces the number of restrooms for staff use.

FUTURE STEPS:
Phase Two of our rollout looks at expanding the restroom use from single use facilities to multi-use restroom facilities. There are many considerations for this subject, including code compliance, design and user comfort. The formation of a working group that includes all stakeholders, to create a long term plan will be started and managed by the Facilities Division with other District leadership at the school site level. All adult and student single stall restrooms must ultimately have the correct signage indicating "all use" restrooms.

POLICY/CODE:
School Facilities support for educational program.

FISCAL IMPACT: 
None.

STAFF RECOMMENDATION:
Accept as information update.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:        March 3, 2017
SUBJECT:    Audited Financial Statements for REALM Charter Schools for fiscal year 2015-16

BACKGROUND INFORMATION:
REALM Charter Schools independent audit for the Fiscal Year 2015-2016 has been completed. The audit is now being presented to the Board for review. 

The auditor’s opinion states that “In our opinion, the financial statements referred to on page one present fairly, in all material respects, the financial position of the Schools as of June 30, 2016, and the changes in its net assets and its cash flows for the year then ended in accordance with accounting principles generally accepted in the United States of America”.  

The ending fund balance as June 30, 2016 is a negative $1,146,107 and positive ending fund balance of $243,646 for the High School.  The Auditor’s issued statement of going concern or REALM’s ability to continue operations as follows:

The accompanying financial statements have been prepared assuming the Schools will continue as a going concern. As noted in Note 9 to the financial statements, in the previous year, the School experienced an operating deficit, cash flow difficulties, and did not have adequate cash reserves or accounts receivable to meet its current obligations without obtaining additional financing or funding. The Schools reduced the deficit for the year ended June 30, 2016, but still had an ending deficit net asset balance and required substantial financing to meet its current obligations. These factors cause substantial doubt about the Schools’ ability to continue as a going concern. Management’s plans in regard to these matters are also described in Note 10. The financial statements do not include any adjustments that might result from outcome of this uncertainty. Our opinion is not modified with respect to this matter.

Based on the District’s review, REALM was issued a notice of violation that was approved the BUSD’s Board on January 25, 2017.  The Notice of Violation was issued on the following grounds

• Failure to Follow Generally Accepted Accounting Principles and Fiscal Mismanagement (Education Code section 47607(c)(1)(C))
• Violation of terms of the Charter (Education Code section 47607(c)(1)(A))
• Violation of conditions of December 9, 2015 renewal

The process for a Notice of Violation is as follows:

• First, the District issues a Notice of Violation which must be approved by the Board in open session, and a copy of the Notice and supporting documentation must be provided to REALM at least 72 hours before the meeting.
• Second, the District must give REALM a period in which to remedy the violations.  The Ed. Code does not require a particular  duration.  Staff recommends that the remedy period end July 1, 2017, the date that the Charter Schools’ adopted budget is due.
• Third, the District evaluates REALM’s response to the Notice of Violation.  If REALM has not remedied the violation, Staff would bring to the Board a Notice of Intent to Revoke for consideration and action. 
• Fourth, the Board would have to hold a public hearing on the revocation within 30 days of the Notice of Intent to Revoke, and make a decision within 60 days.
• Fifth, if the Board revokes, REALM would still have the right to appeal to the revocation to the County Board, and if needed, the State Board of Education.

The Notice of Violation is based on the following, with respect to REALM Charter Middle School and REALM Charter High School

• Fiscal mismanagement
• Failure to maintain positive ending fund balance
• Failure to avoid deficit spending
• Failure to make sufficient budget cuts to avoid chronic deficit spending
• Failure to maintain adequate cash flow.

The District provided REALM a copy of the Notice of Violation, with exhibits, on January 20, 2017.

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Receive REALM financial audit for fiscal year 2015-16 for information.

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.