The Presiding Officer will call the meeting to order at 5:30 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 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:       January 24, 2018
SUBJECT:      Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         January 24, 2018
SUBJECT:  Out-of-State Travel Request

BACKGROUND INFORMATION:
The following out-of-state travel request is being requested:

National Council for Behavioral Health Conference, Washington DC, April 23 to 25, 2018
Approval for Christina Jack, a consultant who provides management of the Youth Mental Health First Aid Grant awarded to BUSD, and Siu Lau, Senior Budget Analyst II for Programs & Special Projects, to attend this three-day, two-night conference in Washington DC.  The National Council for Behavioral Health Conference will provide a breadth of original, informative and engaging conference sessions and workshops expanding their understanding of behavioral health issues.  Attendance at this conference is required by the Federal Youth Mental Health First Aid Grant.  Requested by Pat Saddler, Director of Programs and Special Projects.  Travel and conference cost is approximately $7100 and will be paid by the Mental Health Youth First Aid federal grant.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

     BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:          January 24, 2018
SUBJECT:   Out-of-State Travel Request

BACKGROUND INFORMATION
The following out-of-state trip is being requested:

2018 COABE Conference-Phoenix, AZ, March 25-28, 2018
Educators build knowledge and new skills by participating in professional conferences. LaRanda Marr, Berkeley Adult School Vice Principal, has been awarded a free registration ($495 value) to the national conference of the Coalition on Adult Basic Education (COABE). The COABE conference will be held in Phoenix, AZ, March 25-28, 2018. Travel expenses incurred for a conference in Phoenix are comparable to expenses for a conference in Southern California. Projected expenses of $1,200 will be covered by adult education funds. Requested by Thomas Reid, Berkeley Adult School Principal

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
Approximately $1,200 in adult education funds

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

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         January 24, 2018
SUBJECT:  Overnight Field Trips

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

Pt. Bonita Retreat Center, Sausalito, CA, March 28-30, 2018
Approve participation of 26 fifth-grade students, one teacher and four other adults on a three-day, two-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Oxford School on Wednesday, March 28^th, at 9:30 a.m., and return Friday, March 30, 2018, at 1:30 p.m.  The group will engage in hands-on science based lessons, learning about the environment, healthy nutrition and wellness, hiking, and thoughtful team building activities. BUSD will provide transportation. Students will sleep in gender-specific cabins.  Costs for the trip will be paid from teacher and parent donations. No student will be denied access based on inability to pay.  Requested by Beth Rhine, Oxford Principal.

Sempervirens Outdoor School, Santa Cruz, CA, April 16-20, 2018
Approve participation of 70 fifth-grade students and three 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 16^th, and return at 2:00 p.m. on Friday, April 20, 2018. 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.

Sempervirens Outdoor School, Santa Cruz, CA, May 7-10, 2018
Approve participation of 40 fifth-grade students and two teachers from John Muir Elementary School on a four-day, three-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups.  The group will depart John Muir Elementary at 9:30 a.m. on Monday, May 7^th, and return at 3:00 p.m. on Friday, May 10, 2018.  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.  There is no cost to the students. The cost of $306.00 per student will be paid entirely by the PTA field-trip outdoor school fund and parent donations.  No student will be denied access based on inability to pay. Requested by Audrey Amos, John Muir Principal.

Pt. Bonita Retreat Center, Sausalito, CA, June 6-8, 2018
Approve participation of 75 fifth-grade students, four teachers and 15 other adults on a three-day, two-night field trip to Pt. Bonita Retreat Center in Sausalito, CA. The group will depart Washington School on Wednesday, June 6^th, at 11:30 a.m., and return Friday, June 8, 2018, at 2:00 p.m.  The group will engage in hands-on science-based lessons, learning about the environment, healthy nutrition and wellness, hiking, and thoughtful team-building activities. BUSD will provide transportation.  Students will sleep in gender-specific cabins. The $261.00 cost per student will be paid from grants, fundraising and parent donations.  No student will be denied access based on inability to pay.  Requested by Katia Hazen, Washington Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D , Superintendent 
FROM:          Pauline Follansbee, Interim Assistant Superintendent, Business Services
DATE:           January 24, 2018
SUBJECT:      Agents and Authorized Signers for Signature Card and Official Documents and Reports for the Berkeley Unified School District

BACKGROUND INFORMATION:
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and signatures of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools. 

Staff is submitting Resolution 18-008 Authorized Agents and Authorized Signers for BUSD for approval to be submitted to the Alameda County Office of Education as required.     

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolution 18-008 by unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Interim Assistant Superintendent
DATE:        January 24, 2018
SUBJECT: Approve Listing of Warrants issued in December 2017.

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

POLICY CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,478,465.35 for the month of December 2017 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of December 2017.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Interim Assistant Superintendent, Business Services
DATE:         January 24, 2018
SUBJECT: Approval of Payroll Warrants Issued in December 2017

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of December 2017.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$2,942,973.13, for December 2017 from various funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:            Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:             January 24, 2018
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 $622.51 to Cragmont School.
2. Dorian photography donated $655.10 to BAM for Field trip to Sempervirens.
3. Parents donated $5,507.00 to BAM for field trip to Sempervirens.
4. Parents donated $3,601.00 to BAM for field trip to Sempervirens.
5. Parents donated $4,727.00 to BAM for field trip to Sempervirens.
6. BHSDG grant of $4,579.24 to Library for 20 Chromebooks.
7. BHSDG grant of $2,011.70 to BHS Arts Department Retreat.
8. BHSDG grant of $2,875.70 to PD for Jennifer Campbell and Extended Essay Coordinator Richard Conn.
9. BHSDG grant of $11,812.61 for BHS Science Department IPad and covers.
10. Philanthropio Venture Foundation donated $500.00 to Hopkins Pre-School.
11. AT&T Your Cause donated $320.00 to Thousand Oaks Principal’s Discretionary Fund.
12. Adobe donated $200.00 to Malcolm X Principal’s Discretionary Fund.
13. Dorian Artistry in Photography donated $23.88 to Longfellow Principal’s Discretionary Fund.
14. Martin Luther King PTA donated $12,000.00 2017-18 MOU with PTA.
15. Growing Leaders donated $23,109.59 to Growing Willard Program.
16. Trellis Education donated $13,500.00 to BHS release period per MOU for Trellis Teacher Scholar Program.
17. Various donations to Adult Education of $325.00.

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 $86,370.33 in donations.

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services|
DATE:        January 24, 2018
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. Robin Mills to provide sexual harassment prevention and awareness education at Berkeley High School for the period from 1/17/18-6/15/18.  The cost will not exceed $14,550. To be paid from General Fund. Requested by Patricia Saddler.
2. LifeLong Medical Care to provide supervision and implementation of the Super Science Saturdays program at Washington Elementary and Rosa Parks Elementary schools for the period from 2/3/18 - 3/30/18. The cost will not exceed $38,900. To be paid from General Fund. Requested by Patricia Saddler.
3. Berkeley Symphony Orchestra to provide Music in the Schools program at eleven BUSD elementary schools for the period from 10/1/17 -6/15/18. The cost will not exceed $10,000. To be paid from BSEP Fund. Requested by Peter Gidlund.
4. Jamal Williams to provide conflict resolution and restorative practices training to staff at Washington Elementary School for the period from 10/1/17 – 6/30/18. The cost will not exceed $13,000. To be paid from Restricted Donations. Requested by Katia Hazen.
5. Contract with 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 5/7/18 – 5/25/18. The cost will not exceed $20,280. To be paid from Restricted Donations. Requested by Paco Furlan.
6. Neguse Consulting to help establish the Berkeley Technology Academy Apprenticeship Program for the period from 1/2/18 - 5/2/18. The cost will not exceed $14,500. To be paid from Career Pathway Trust II Grant. Requested by Pasquale Scuderi.
7. Increase in contract, PO180179, to Anderson Carpet to provide flooring services for the Maintenance Department for the period from 7/1/17 - 6/30/18.  The Board approved $15,000 on 5/31/17. The additional amount will increase the cost by $15,000 for a total amount of $30,000. To be paid from Measure H. Requested by Steve Collins.
8. Increase in contract, PO#180910 with Michael’s Transportation, to provide buses for Berkeley High School athletic travel. The additional amount will increase the purchase order by $7,000 for a total amount of $13,000. To be paid for by General Funds. Requested by Britta Fjelstrom.
   
9. Increase in contract, PO#180065 with Syserco, to provide HVAC services for the Maintenance Department for the period from 7/1/17 – 6/30/18. The Board approved $30,000 on 5/31/17. The additional amount will increase the cost by $20,000 for a total amount of $50,000. 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:             Board of Education
FROM:          Board Policy Subcommittee
DATE:            January 10, 2018
SUBJECT:      Board Policy 1340 (Access to District Records)

BACKGROUND INFORMATION:The California Public Records Act (CPRA) requires public agencies to make their records available for review by the public. According to the California Attorney General’s Office: “The fundamental precept of the CPRA is that governmental records shall be disclosed to the public, upon request, unless there is a specific reason not to do so. Most of the reasons for withholding disclosure of a record are set forth in specific exemptions contained in the CPRA. However, some confidentiality provisions are incorporated by reference to other laws. Also, the CPRA provides for a general balancing test by which an agency may withhold records from disclosure, if it can establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure.” While the district is required to disclose records that are not otherwise exempt, the district is not obligated to create records that do not exist. 

For purposes of the CPRA, a “record” is any writing containing information relating to the conduct of the district's business prepared, owned, used, or retained by the district regardless of physical form or characteristics. The location of a record (e.g., classroom, district office, private residence) and the location of an electronic writing (e.g., server, computer hard drive) is irrelevant to whether a record is considered public. 

BP 1340 (Access to District Records) provides additional detail regarding how Berkeley USD will comply with the CPRA.

The Policy Subcommittee held extensive discussions on this policy on October 24, 2017, November 3, 2018, November 20, 2018, and December 5, 2018.

POLICY/CODE:
Education Code: 6250 et seq.

FISCAL IMPACT:
No immediate fiscal impact.

STAFF RECOMMENDATION:
Approve Board Policy 1340 (Access to District Records).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:     Timothy White, Executive Director of Facilities  
DATE:             January 24, 2018
SUBJECT:  Approve Resolution 18-009 and Approve Prequalification Criteria, Rating System and Questionnaire for Prime (General) Contractors

BACKGROUND INFORMATION:
To comply with statutory requirements, counsel has recommended that we update our prequalification documents and have the Board approve a resolution that includes the prequalification criteria, rating system and questionnaire.  This approval is for Prime (General) Contractors only. There is a separate memo and approval for Mechanical, Electrical and Plumbing Subcontractors.   

POLICY/CODE:
Public Contract Code 20111.6

FISCAL IMPACT:
There will be some legal and administrative expenses to create a pre-qualification questionnaire, advertise for contractors and evaluate responses.

STAFF RECOMMENDATION:
Adopt Resolution 18-009 and approve pre-qualification criteria, rating system and questionnaire for Prime (General) Contractors.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Timothy White, Executive Director of Facilities 
DATE:             January 24, 2018
SUBJECT:    Approve Resolution 18-010 and Approve Prequalification Criteria, Rating System and Questionnaire for Mechanical, Electrical and Plumbing Subcontractors  

BACKGROUND INFORMATION:
To comply with statutory requirements, counsel has recommended that we update our prequalification documents and have the Board approve a resolution that includes the prequalification criteria, rating system and questionnaire. This approval is for the Mechanical, Electrical and Plumbing Subcontractors only.  There is a separate memo and approval for General Contractors.   

POLICY/CODE:
Public Contract Code 20111.6

FISCAL IMPACT:
There will be some legal and administrative expenses to create a pre-qualification questionnaire, advertise for contractors and evaluate responses.

STAFF RECOMMENDATION:
Adopt Resolution 18-010 and approve prequalification criteria, rating system and questionnaire for Mechanical, Electrical and Plumbing Subcontractors.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Timothy White, Executive Director of Facilities
DATE:            January 24, 2018
SUBJECT:    Approval of CAW Architects for Construction Documents of the Modernization of West Campus Capacity Project

BACKGROUND INFORMATION:
On December 7, 2016, the Board of Education approved a contract for CAW Architects to complete a Scoping and Assessment Study of West Campus Capacity Project.

The next step is to begin designing the construction documents for West Campus to be used as an interim housing location for elementary schools while they are under construction.  The scope of work will include: renovation of girls’ gym locker room for district storage and use for technology/printing, temporary kitchen to be housed on second floor of girls’ gym, minor upgrades to classrooms and theater, and flex classroom located adjacent to theater.

Facilities staff is requesting approval of a contract with CAW Architects to provide architectural and engineering services for the project.  The project will include staff input and District Facilities staff input.  Deliverables will include design, construction documents and construction administration.

POLICY/CODE:
Government Code 4525

FISCAL IMPACT:
Contract award by this action: $901,129 to be paid from Measure I Bond Funds.  This contract is within the approved West Campus Capacity Project, which is a part of the approved Measure I Reallocation Plan.

STAFF RECOMMENDATION:
Approve contract with CAW Architects for the Construction Documents of the Modernization of the West Campus Capacity Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:  Timothy White, Executive Director of Facilities
DATE:             January 24, 2018
SUBJECT:      Approval of Interactive Resources for Design Services of the LeConte Roof Replacement Project

BACKGROUND INFORMATION: 
On January 11, 2017 the Board of Education approved a budget of $4,879,700 for a first phase of modernization at LeConte Elementary School. Gelfand Architects was selected to complete a Scoping and Assessment Study of LeConte Elementary School.

The assessment has been completed and roof replacement has been itemized as one of the top priorities.

Proposals were solicited from several firms who specialize in roofing and waterproofing projects. Four firms submitted proposals to provide drawings, bidding and construction administration of the roofing replacement project. The schedule of the project is anticipated for Summer 2018.

Facilities staff is requesting approval of a contract with Interactive Resources to provide design services for the project. The project will include staff input and District Facilities staff input. Deliverables will include design, construction documents and construction administration.

POLICY/CODE:
Government Code 4525

FISCAL IMPACT:
Contract award by this action: $51,070 to be paid from Measure I Bond Funds. This project is a part of the first phase of the approved LeConte Modernization Project in the Measure I Reallocation Plan.

STAFF RECOMMENDATION:
Approve contract with Interactive Resources for design services of the LeConte Roof Replacement Project.

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
Official Minutes
November 15, 2017 

President Alper called the meeting to order at 7:37pm. He reported that the Board convened to Closed Session at 6:45pm.

Roll Call

Board of Education:
Ty Alper, President – Present
Josh Daniels, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Excused
Karen Hemphill, Director – Present
Judy Appel, Director – Present
Uma Nagarajan-Swenson, Student Director, BHS – Present

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Alper reported out on closed session: 

Conference with Legal Counsel—Pending Litigation (Government Code Section 54956.9(a))—One (1) Potential Case

The Board discussed this matter; no action was taken.

Collective Bargaining: Lead Negotiator: Evelyn Tamondong-Bradley—BCCE Negotiations (Government Code Section 54957.6)

The Board will consider this matter after open session.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Daniels Items 14.1 and 14.3 were moved to discussion.

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

PUBLIC TESTIMONY
A total of 15 people addressed the Board:

6 comments on the renaming of Le Conte 

2 comments on BTA/BIS restructure

1 comment on the sexual harassment policy

2 comments on PRA requests 

1 comment on teacher investigation process at BHS

1 comment on facilities items

1 comment on RJ counselor job description

1 comment on budget cuts

UNION COMMENTS
BFT members commented in support of the recruitment and retention of qualified teachers of color.

COMMITTEE COMMENTS
PTA Representative asked the board to delay its action on budget cuts.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Appel appointed Ruby Lee Moreno to the Youth Commission. She recognized outgoing Youth Commission member Ruby Spies for her work. Appel then went on to comment in support of addressing the sexual harassment that takes place in BUSD and expressed she was very proud of the work of BHS Stop Harassing. 

Director Hemphill announced that the annual MLK breakfast will be on January 15. She requested that the CTE presentation be featured in the next A+ Newsletter.

Director Nagarajan-Swenson thanked her peers for their work around addressing sexual harassment. 

Vice President Daniels alerted the public to the employee housing item that will be presented at the Dec. 6 Board meeting. 

Superintendent Evans thanked the public who has come out to the SBAC meetings and to the Board meetings.

President Alper appreciated BFT’s presentation and said he would like a deeper presentation to the Board around progress in efforts to hire and retain teachers. With respect to the renaming process at LeConte, he added that our AR and BP for the renaming of facilities do not require outreach to the community. He clarified that any failure to notify the neighbors about community meetings lay with the Board and the Superintendent, not with any of the staff. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Nagarajan-Swenson/Appel and unanimously approved 5-0.

ACTION ITEMS 

Approval of Recommendation to Discontinue the Name of LeConte Elementary School
Superintendent Evans and Director Beery presented an update to the Board on denaming process at LeConte. Their presentation provided some history of Joseph Le Conte and on how BUSD has changed school names in the past. It also highlighted concerns expressed by both neighbors and school community members as well as the reasons to move forward with name change. Questions and discussion followed. 

Motion to accept the Superintendent’s recommendation to dename LeConte Elementary School:
Appel/Hemphill and unanimously approved 5-0.                        

DISCUSSION ITEMS 

Mental and Emotional Education Team (MEET) Proposal
BHS students Ruby Spies and Abigail Steckel presented a proposal on behalf of the Youth Commission for a mental health peer education program. Questions and discussion followed. 

State of the District
Superintendent Evans presented 2017-18 priorities and initiatives in connection with the three LCAP goals. His presentation provided an overview of progress made in each of the three goal areas and highlighted how district resources and organization systems will be directed to strengthen programs that will have the greatest impact on student achievement. Questions and discussion followed.   

Nutrition Services Program Fiscal Update
Director of Nutrition Services Marnie Posey and Executive Chef Bonnie Christensen provided a fiscal update of the nutrition services program. Their presentation provided an overview of department efforts to address deficit spending by increasing student participation in lunch program. Questions and discussion followed.

REALM Charter School Fiscal Update
Vice President Daniels explained that based upon staff review, there has been no improvement in REALM’s fiscal condition. In the event that there is insufficient improvement at the first interim, staff may recommend to initiate the revocation process in January 2018.

California School Dashboard—Local Indicators
Vice President Director Daniels explained that we are required to use a self assessment tool in four different areas. Staff has used the self reflection tools and is reporting this data for our information.   

ADJOURNMENT
11pm

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
Official Minutes

December 6, 2017 

President Alper called the meeting to order at 7:30. He reported that the Board convened to Closed Session at 6:15pm. 

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
Uma Nagarajan-Swenson, Student Director, BHS – Present

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION
President Alper reported out on closed session:

Public Employee Discipline/Dismissal/Release (Government Code Section 549557)
Motion to modify the staff recommendation to impose a suspension of one day:
Alper/Hemphill and unanimously approved 5-0. 

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 discussed this matter and gave staff direction; no action taken. 

Conference with Legal Counsel – Pending Litigation/Settlement (Government Code Section 54956.9) – Cal 200
Motion to approve staff recommendation for a settlement:
Alper/Hemphill and unanimously approved 5-0.

Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(b))-One (1) Potential Case

Motion to approve staff recommendation to settle:
Appel/Alper and approved 4-1
Ty Alper, President – Yes
Josh Daniels, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director –No
Judy Appel, Director -- Yes 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations.

The Board heard an update and gave direction to staff; no action was taken. 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) Local 21 Negotiations.

The Board heard an update and gave direction to staff; no action was taken. 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Appel item 13.2 was pulled for discussion

Motion to approve agenda as amended:
Leyva-Cutler/Daniels and unanimously approved 6-0.

Yearly Organizational Requirements

Director Hemphill moved to approve Board meeting calendar for 2018 and to appoint Josh Daniels as President and Judy Appel as Vice President.

Motion seconded by Leyva-Cutler and passed unanimously 6-0.

PUBLIC TESTIMONY
A total of 15 people addressed the Board:

Four comments in support of keeping BTA as is

Eight comments on salary increase

Three comments on budget cuts

UNION COMMENTS

BCCE members expressed urgency with respect to increase in employee compensation.

BFT President commented in support of increased compensation.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Hemphill announced that she will hold office hours this Saturday.

Daniels alluded to the information item regarding quarterly report of number of students referred for expulsion and said that the fact that we have only one referral for expulsion so far this year is something to be proud of. 

Superintendent Evans thanked the SBAC members and participants for their contribution to such a challenging process that is identifying potential budget cuts.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Leyva-Cutler/Alper and unanimously approved 6-0. 

ACTION ITEM

Approval of First Interim Budget Report
Allotted time: 25 min 
Actual time: 30 min 

Interim Superintendent Pauline Follansbee reported that the first interim ended in a positive certification. Her presentation highlighted budget changes since adoption, multi-year projections. Recommendations for Board approval will be presented in February of 2017. She noted that the budget will not include the anticipated reduction of $1.8 million until cuts are identified and approved. Questions and discussion followed. 

Motion to approve the first interim budget report:
Daniels/Hemphill and unanimously approved 6-0.

DISCUSSION ITEM

Proposal: Berkeley Technology Academy and Independent Study
Allotted time: 30 min
Actual time: 60 min 

Associate Superintendent Pasquale Scuderi explained that staff spent the summer looking at BTA and how to possibly restructure it by turning it into a continuation school. Since the possible restructuring of BTA was first presented, the proposal now includes maintaining the clerical positions for both program, keeping a single administrator to oversee both programs, keeping the counselor at BTA and reducing the safety officer staff. The goal is to align this program with CTE to expand opportunities for students at BTA. This item will come back at the January 10 meeting for approval. Questions and discussion followed. 

ACTION ITEM 

Recommendation for District-Owned Rental Housing for Employees
Allotted time: 30 min
Actual time: 60 min

Facilities Director Tim White explained that this proposal first came to the Board following an analysis based on income categories. Consultant Sean Dolcy compiled a survey in an effort to move forward in a more informed manner. The results indicate that there is overwhelming interest in employee housing. Staff has identified options for financing including generating income through issuance of voter approved bonds in 2018 or 2020, and contracting with a developer for the construction of below market rate housing. Sean Dolcy presented survey’s results. 

Appel moved to refer this to the facilities subcommittee to further explore the possibility of a public-private partnership and other potential funding models. Motion seconded by Leyva-Cutler:

Josh Daniels, President – No
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – No
Ty Alper, Director – No
Uma Nagarajan-Swenson, Student Director, BHS – Abstained 

Motion failed to pass on a 2:3:1vote. 

Motion to extend open session to midnight:
Daniels/Alper and unanimously approved 6-0 

Daniels moved to direct staff to incorporate a housing portion into the 2020 facilities bond; no one seconded.

Alper moved to direct staff to consider including employee housing as a potential item if and when we pursue a 2020 facilities bond; motion seconded by Appel:

Motion passed on a 4-1 vote:
Josh Daniels, President – No
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director – Yes

Special Education Review and Program Analysis
Allotted time: 35 min
Actual time: 21 min
Consultant Bill Gillespie shared with the Board his findings following his analysis and review of the special education program. He explained that while the full inclusion model is a great delivery system, after a number of years it is important to revisit policies and procedures to ensure that all sites are following the same guidelines, that there is adequate hiring of staff, that we are directing resources to students with IEPs more efficiently, and ultimately cutting costs associated with NPAs and other outside agencies.

Approval of Job Description for the African American Success Program Manager
Motion to approve job description for the African American Success Program Manager:
Alper/Hemphill and unanimously approved 5-0. 

ADJOURNMENT
12am

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans ED.d, Superintendent
FROM:          Pauline Follansbee, Interim Assistant Superintendent
DATE:           January 24, 2018
SUBJECT:    Governor’s January Budget Proposal 

BACKGROUND INFORMATION:
On Wednesday, January 10, 2018, Governor Jerry Brown unveiled his final proposed State Budget for the upcoming 2018-19 fiscal year. During his tenure, aided by improving national and state economic conditions, California’s recovery has allowed the Governor to reshape major state institutions, including restructuring of the entire public education delivery model. Ahead of schedule, the Governor caps off his legacy by proposing to fully fund the Local Control Funding Formula (LCFF).

The Governor's Budget proposes $1.8 billion in one-time Proposition 98 funds for school districts, charter schools, and county offices of education (COEs) to use at the discretion of local governing boards, estimated at $295 per ADA. These funds, like prior years, would be counted by the state as offsetting prior-year mandate reimbursement claims on a dollar-for-dollar basis.

Please see attached detailed update on the Governor’s budget.

FISCAL IMPACT:
The fiscal impact on the District to be provided in the presentation to the Board.

RECOMMENDATION:
Discuss and give direction to staff

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed.D., Superintendent
PRESENTERS: Pauline Follansbee, Interim Assistant Superintendent, Fiscal Services
Pasquale Scuderi, Associate Superintendent, Educational Services
DATE: January 24, 2018
SUBJECT: First Reading of Proposed Reductions and Budget Priorities for 2018-2019 Base Grant (Unrestricted General Funding)

PURPOSE:
Review and Discuss with the Board a current list of proposed reductions as well as considerations for ongoing and one-time funding for 2018-2019.

BACKGROUND INFORMATION:
Each year the Superintendent brings forward a list of current and competing priorities for funding through the base grant/general fund and seeks direction from the Board of Education for items on that list that the Board is in interested in funding, or not funding, for the subsequent school year. These priorities are considered in two categories, those that represent ongoing commitments and expenditures, and those that are proposed for funding on a one-time or very limited term basis.

This year, BUSD faces the added complexity of needing to reduce expenses district-wide by approximately 1.8 million dollars, and the Board has directed staff to propose reductions that will address the eventuality of our overall expenses outpacing our revenue given our multi-year projections. These proposals have been considered by the Superintendent’s Budget Advisory Committee (SBAC), a group consisting of representatives from parent groups, unions, district staff, and community members. This committee has discussed and reviewed these proposals, along with significant community input and public comment, at a series of seven public meetings between May 30,2017 and January 23, 2018. The Board will consider these proposals at both tonight’s meeting as well as its February 7 meeting, with additional discussion and decision scheduled for the February 21 meeting.

The need to reduce our overall budget is driven by a responsibility to ensure the multi-year fiscal health of the District, and to deal with a structural deficit that, if not addressed, would potentially compromise the District’s financial well-being in the long term. Additionally, a portion of the new funding, both ongoing and one-time, must be used to honor compensation agreements reached previously with our employees through their unions.

Tonight’s discussion will focus on proposals of approximately $1.8 million in reductions (staff has provided $2.1 million in proposals toward that $1.8 million target), as well as a limited set of proposals for new expenditures against a projected $3.3 million in total new ongoing revenue ($1.3 million coming after the first interim projections based on the Governor’s January budget). Additionally, we will discuss proposals for  $2.3 million in projected revenue for one-time or limited term use.

QUESTIONS FOR THE BOARD:

1. What are your clarifying questions to the proposed ongoing reductions and priorities?
   
2. What are your suggestions for other possible solutions?
   
3. What are your clarifying questions to the proposed one-time reductions and priorities?
   
4. What additional information do you need to make a decision on whether to approve/reject these reductions and priorities on February 21, 2018? (This information will be provided on February 7, 2018.)

NEXT STEPS:
Receive questions and additional direction from the Board in order to refine or amend the recommended reductions and/or additions for the February 7 meeting and discussion.

FISCAL IMPACT:
Forthcoming decisions will involve each of the following areas:

• Proposed ongoing reductions of $1.8 million

• Proposed additional ongoing expenditures of $318K

• Proposed one-time/limited term expenditures of $2.3 million

Details can be found in the attached documents.

ATTACHMENTS:

Attachment A: Budget Priority General Information for 2018-2019 School Year

Attachment B: Proposed Ongoing Budget Reductions

Attachment C: Proposed Common Core expenditures for 2018-2019

The Recommendations in this document were the most recent versions discussed at the superintendents budget advisory committee on 1/16/17. These recommendations are subject to change given that the advisory committee will review them once more on 1/23 before the Board hears them on 1/24. State law on public meeting agenda deadlines required us to publish this agenda on 1/19.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Donald Evans, Ed.D., Superintendent
FROM:             Pauline Follansbee, Interim Assistant Superintendent
PRESENTERS:  Pauline Follansbee, Interim Assistant Superintendent
DATE:                January 24, 2018
SUBJECT:        Approval to Issue Notice of Violation for REALM High and Middle Schools

PURPOSE: 
To issue a Notice of Violation (NOV) to REALM High and Middle Schools, 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.

BACKGROUND INFORMATION:|
The revocation of a charter is governed by Education Code § 47607. Education Code § 47607(c) sets forth the grounds for revocation: A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:

(1)      Committed a material violation of any of the conditions, standards, or procedures set forth in the charter;

(2)      Failed to meet or pursue any of the pupil outcomes identified in the charter;

(3)      Failed to meet generally-accepted accounting principles, or engaged in fiscal mismanagement; or

(4)      Violated any provision of law.

The charter-authorizing agency precedes revocation with a Notice of Violation and a reasonable opportunity to remedy the violation under Education Code § 47607(d). Prior to revocation, the charter-authorizing agency provides the charter school with a Notice of Intent to Revoke, and conducts a public hearing on the potential revocation (Education Code § 47607(e)):

RECOMMENDATIONS FOR THE BOARD:
Staff is asking the Board to consider and approve a Notice of Violation to REALM Charter Middle School and REALM Charter High School on the grounds that they failed to follow Generally Accepted Accounting Principles and Fiscal Mismanagement (Education Code section 47607(c)(1)(C)), and Violation of terms of the Charter (Education Code section 47607(c)(1)(A)).

NEXT STEPS:
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 June 27, 2018, the date that the Charter Schools’ adopted budget is due. The District then 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.

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. 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.

FISCAL IMPACT:
N/A

RELATED PAST BOARD ITEMS:

January 25, 2017-Action Item 12.1: Notice of Violation for REAL Charter Schools

March 8, 2017-Information Item 15.5: Audited Financial Statements for REALM Charter Schools

November 15, 2017- Information Item 14.1: REALM Charter School Fiscal Update

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D., Superintendent
FROM:             Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:             January 24, 2018
SUBJECT:      Approval of Tentative Agreement with the Berkeley Council of Classified Employees (BCCE) for a Reopener Agreement

BACKGROUND INFORMATION:
The District and the Berkeley Council of Classified Employees (BCCE) are parties to a collective bargaining agreement that contains a reopener provision. On January 8, 2018, representatives for the District and BCCE reached a Tentative Agreement (TA) on provisions covered under the reopener. 

Under the terms of the attached Tentative Agreement, the parties have agreed to the following:

• Changes to contract language relative to member information.
• Changes to contract language relative to new unit members.

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

FISCAL IMPACT:
Refer to AB1200 Disclosure

STAFF RECOMMENDATION:
To Approve Tentative Agreement

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Interim Assistant Superintendent, Business Services
DATE:         January 24, 2018
SUBJECT:   P-1 School Average Daily Attendance and October Enrollment  Summaries

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

Based on information provided from each school site, we are presenting a report on the P-1 reporting period and providing a comparison of the following information:

• Current and prior year average daily attendance (ADA) for the P-1 attendance reporting period that begins in September and ends in December.
• Current and prior year school enrollment reports as reported in October of each year.

The report reflects the variance between FY 2017-18 and FY 2016-17 for enrollment and ADA for each school. 

Enrollment and Attendance Analysis

At school sites (grades TK-12), enrollment increased by 150 students from 9629 to 9779, and ADA increased by 193 students. Overall ADA enrollment percentage increased by 1.14%. 

Berkeley High and Willard have both experienced increases in enrollment of 20 or more students. Berkeley High has an increase of 99 in enrollment and 146 in ADA, for an ADA enrollment increase of 3.43 %. Willard saw an increase in enrollment of 42 and 52 in ADA, for an ADA Enrollment increase of 1.96%.

A decrease can be seen at Rosa Parks, where the ADA Enrollment decrease of 1.12% can be attributed to enrollment remaining constant at 445 students since last year and a decrease of 5 in ADA.

We are still retrieving attendance data for Non-Public School and Home Hospital, which impacts the District’s overall enrollment and ADA data at P-1.

POLICY/CODE:
Board Policy: 5113

FISCAL IMPACT:
ADA at P1 increased by 193 students. The District is predominately funded on ADA at the second attendance reporting period, P2, which is reported at the 7^th month. Staff will continue to evaluate attendance and enrollment data, and determine ADA to be reported at second interim as additional information becomes available. 

STAFF RECOMMENDATION:
Receive this October enrollment and P-1 average daily attendance summary reports for information. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: School Board 
FROM: Board Policy Subcommittee
DATE: January 24, 2018
SUBJECT:  Board Bylaw 9132: FacilIties Safety and Maintenance Oversight Committee (First Reading)

BACKGROUND INFORMATION:
The Facilities Safety and Maintenance Oversight Committee (also know as the "Measure H Committee") has been working this past year with Maintenance Staff on revising the bylaws of the committee to bring them into line with actual practices and current realities. Staff has also received advice from district counsel with respect to appropriate language to include in the revised bylaws.

The Policy Subcommittee reviewed the revised bylaws at its January 12, 2018 meeting, and unanimously voted to approve the revised bylaws and ask that they be included on tonight's agenda for information and first reading.  The Policy Subcommittee appreciates the hard work of staff and the Measure H Committee in revising these bylaws.

RECOMMENDATION:
Receive BB9132 for first reading. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Board of Education
FROM:        Board Policy Subcommittee
DATE:           January 24, 2018
SUBJECT:      Administrative Regulation 1340: Access to District Records (Second Reading) 

BACKGROUND INFORMATION:
The California Public Records Act (CPRA) requires public agencies to make their records available for review by the public. According to the California Attorney General’s Office: “The fundamental precept of the CPRA is that governmental records shall be disclosed to the public, upon request, unless there is a specific reason not to do so. Most of the reasons for withholding disclosure of a record are set forth in specific exemptions contained in the CPRA. However, some confidentiality provisions are incorporated by reference to other laws. Also, the CPRA provides for a general balancing test by which an agency may withhold records from disclosure, if it can establish that the public interest in nondisclosure clearly outweighs the public interest in disclosure.” While the district is required to disclose records that are not otherwise exempt, the district is not obligated to create records that do not exist.

For purposes of the CPRA, a “record” is any writing containing information relating to the conduct of the district's business prepared, owned, used, or retained by the district regardless of physical form or characteristics. The location of a record (e.g., classroom, district office, private residence) and the location of an electronic writing (e.g., server, computer hard drive) is irrelevant to whether a record is considered public. 

AR 1340 (Access to District Records) provides additional detail regarding how Berkeley USD will comply with the CPRA. The CPRA requires districts to make “reasonable efforts to located requested records. This regulation clarifies that such “reasonable efforts” may include, but are not limited to:

• Identifying one or more individuals to search for and locate potentially responsive records
• Directing the District’s IT department to search the electronic records of employees, after providing notice to employees, and locate potentially responsive records
• Directing school site employees to search for and locate potentially responsive records and provide instructions on the process to use to conduct the search

The regulation also clarifies that, with respect to physical and electronic records not in the possession of the District, reasonable efforts may include, but are not limited to, having district employees search for and locate potentially responsive records in their possession. 

The Policy Subcommittee held extensive discussions on this regulation on October 24, 2017, November 3, 2018, November 20, 2018, and December 5, 2018.

POLICY/CODE:
Education Code: 6250 et seq.

FISCAL IMPACT:
No immediate fiscal impact. 

STAFF RECOMMENDATION:
Receive Administrative Regulation 1340 (Access to District Records) for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent, Ed. Services
Patricia Saddler, Ed.D., Director, Programs and Special Projects
DATE: January 24, 2018
SUBJECT: Local Control Accountability Plan Implementation Update

BACKGROUND:
Board Policy 0460 requires that the Superintendent or designee shall ensure proper implementation of the Local Control Accountability Plan.  The policy requires a written report to the Board that provides an update on the implementation of the actions and services in the LCAP.

RECOMMENDATION:
Staff request that this update be reviewed by the Board.  Once the update has been reviewed, staff welcomes questions and feedback on the contents of this LCAP Implementation update.

FISCAL IMPACT:
No fiscal impact

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Dana Clark, Compliance Officer and Title IX Coordinator
DATE:         January 24, 2018
SUBJECT:   Williams Quarterly Report

BACKGROUND INFORMATION:
As a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met.

1)      There should be sufficient textbooks and instructional materials for all students, including English learners.

2)      School facilities should be clean, safe and maintained in good repair.

3)      All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaints procedure to follow if there is a concern that any one of them is not being met. 

Staff is now reporting that between October 1, 2017 and December 31, 2017 there were no Williams Complaints filed.

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 

STAFF RECOMMENDATION:
Receive the Williams Case Settlement Quarterly Report 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.