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. 

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 5:45 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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.  

Approve Human Resources Report

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Pat Saddler, Director of Special Projects and Pasquale Scuderi,
Assistant Superintendent, Educational Services
DATE: August 26, 2015
SUBJECT: Approval for CalSAFE Agreement for Child Development Services
between Berkeley Unified School District (BUSD)
and the YMCA of the Central Bay Area

BACKGROUND INFORMATION
The District has historically contracted with both the YMCA and the City of Berkeley to provide support services for the District through the California School Age Families Education (Cal-SAFE) program located at the Vera Casey Center in Berkeley. For the past two years the YMCA has provided child care services for the children of teen parents so that parents could attend school. They also added the parent training and support services that the City of Berkeley was providing in previous years. The YMCA has agreed to expand their services to include both child care as well as parenting classes in support of the student/teen parents.

This Memorandum of Understanding (MOU) replaces the previous ongoing MOU with the YMCA of the Central Bay Area. The District is billed by the YMCA for the services provided to both parents and children based on the previous grant from the CDE. The funding for Cal-SAFE is now allocated to the district as a part of LCFF base funding and has been set aside in the budget as an expected expense for 2015-16.

Board approval is required for payment of services.

DISTRICT GOAL
II. Strategies to Promote Student Success

POLICY/CODE
California Development Division
Ed Code Title 5

FISCAL IMPACT
Approximately $60,000 of General Fund Base Grant will be paid to YMCA of Central Bay Area for the services provided

STAFF RECOMMENDATION
Approve the CalSAFE agreement for Child Development Services between Berkeley Unified School District (BUSD) and the YMCA of the Central Bay Area.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational   Services
DATE: August 26, 2015
SUBJECT: YMCA of the Central Bay Area – Head Start

BACKGROUND INFORMATION
BUSD is contracted annually to provide services for the YMCA of the Central Bay Area Head Start Program as part of BUSD's pre-school services. BUSD pre-schools provide Head Start enhanced services for 100 pre-school students each year at a rate of $229 per month per student. Services required by Head Start include home visits for each student, additional screening and assessments for each student, and individual student plans. The annual contract total for BUSD pre-schools will be $245,624 for the 2015-2016 school year.

Funds received from Head Start will be used to pay for additional requirements, materials, and a coordinator to ensure compliance with Head Start regulations and to oversee annual monitoring and audits.

POLICY/CODE
California Development Division
Ed Code Title 5

FISCAL IMPACT
$245,624 will be paid by YMCA of the Bay Area to BUSD’s child development program for these services.

STAFF RECOMMENDATION
Approve the contract with YMCA of the Bay Area.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Donald Evans, Ed.D., Superintendent
From: Lisa Graham, Executive Director, Special Education
Date: August 26, 2015
Subject: Approval of Master Contracts for Nonpublic Agency Services for
the 2015-16 School Year

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

POLICY/CODE
Education Code 39800 Board Policy 3310

FISCAL IMPACT
The fiscal impact of these services is estimated not to exceed $1,029,133.46 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015
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. Target Corporation donated to be utilized as needed, $75 for Rosa Parks School, $25 for Cragmont School, $75 for Thousand Oaks School, $500 for Oxford School, and $25 for Washington School for a total donation of $700.
   
   
2. Negean Mahmoudi donated $200, Kate Mountain $200 and Antonia Torreblanca $200 for a total donation of $600 through the Kaiser Permanente Community Giving Matching Gift Program to be utilized as needed for Rosa Parks School.
   
   
3. LifeTouch National School Studios donated to be utilized as needed $76.81 for Rosa Parks School, $125 for LeConte School, $94.23 for Cragmont and $126.26 for John Muir School for a total donation of $422.30.
   
   
4. Berkeley Public Schools Fund donated $1,565.14 to purchase an electronic piano for the Jazz Band for King School.
   
   
5. Berkeley Public Schools Fund donated $300 to pay substitute cost to enable teachers to go on BHS ELD field trip to Angel Island for Berkeley High School.
   
   
6. Yoshi’s Oakland donated $2,600 of the ticket sales from the proceeds of the Jazz Club student concert on June 8, 2015 to be utilized as needed for the VAPA Department for Berkeley High School.
   
   
7. Various parents donated a total amount of $2,293.50 to support the Music program for the VAPA Department.
   
   
8. In Dulci Jubilo donated $4,500 for the food, lodging and Mosaic Camp program for sixty three students for Cragmont School and $2,975 for on line math subscriptions for Oxford School for a total donation of $7,485.
   
   
9. AT&T Employee Giving Campaign donated $20 to be utilized as needed for Thousand Oaks School.
   
   
10. Oxford PTA donated $4,560 for the gardening program, $2,000 for noon supervision, $23,700 to partial pay for physical education instructor, $17,012 to partial pay for computer teacher, $19,080 to partial pay for the arts program and $12,447 to partial pay for kindergarten instructional aide for a total donation of $78,799 for the 2015-16 School Year.

BOARD POLICY
BP 3290 

FISCAL IMPACT
The District received a total $94,774.94 in donations.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015
SUBJECT: Agents and Authorized signers for Signature Card and Official Documents
and Reports for Fiscal Year 2015-2016

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

Staff is submitting Resolution #16-001-Authorized Agents and Authorized signers for Payroll Warrants and Disbursements, Resolution #16-002-Authorized Agents and Authorized Signers for BUSD and Resolution #16-003-Authorized Agents for Official Documents and Reports for Fiscal Year 2015-2016 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 Resolutions #16-001, #16-002 and #16-003 by a unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Javetta Cleveland, Deputy Superintendent
FROM: Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE: August 26, 2015
SUBJECT: Ratification of District Insurance Premiums and Broker Fees for FY 2015-2016

BACKGROUND INFORMATION
Alliance of Schools for Cooperative Insurance Programs (ASCIP)
The District entered into an agreement with ASCIP in the year 2002 to provide general liability and property insurance coverage for the District. 

For the Fiscal Year 2015-2016, the premium is $702,989 which is a decrease of $44,955 over the previous year. For Fiscal Year 2014-2015, the insurance premium for ASCIP was $747,944.

Staff is satisfied with the services provided by ASCIP and is requesting approval to continue their contract through June 30, 2016 at this rate. 

California Public Entity Insurance Authority Excess Workers Compensation Program (CSAC-EIA)
The District became self-insured for workers compensation on January 1, 2004. At that time, the District solicited quotes for "excess insurance" at a self-insured retention (SIR) level of $250,000. CSAC-EIA, a joint powers authority of cities, counties and special districts provides excess worker’s compensation insurance in excess of $250,000.

The premium deposit for CSAC-EIA services for the coverage period from July 1, 2015 through June 30, 2016 is $306,071. The renewal rate includes a 3.3% decrease to the program, based on a rate of $3897 per $100 of payroll. CSAC has expanded their staff to include Randell Sachtler, who will assist the District with loss prevention and risk exposures.

Staff is satisfied with the services provided by CSAC-EIA and is requesting approval to continue their contract.

POLICY/CODE
Labor Code Sections 3700 to 3705

FISCAL IMPACT
$702,989 is within the General Fund Budget, and $306,071 is within the Self Insurance Fund.

STAFF RECOMMENDATION 
Approval of ratification of payment for insurance premiums and broker costs for fiscal year 2015-16

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Pasquale Scuderi, Assistant Superintendent
FROM: Berkeley High School/ Educational Services
DATE: August 26, 2015
SUBJECT: New Text for Tenth Grade English in Berkeley International High School (BIHS)

BACKGROUND INFORMATION
The following textbooks will be presented to the Board on August 26, 2015 for consideration, and they are now being recommended for adoption:

Breath, Eyes, Memory by Edwidge Danticat.

Berkeley High School is recommending the use of this text in 10^th grade English.

The author, a Haitian-American who has been nominated for the National Book Award, writes about history, power, gender, storytelling, and family relationships through the voice of the narrator, a young Haitian girl who moves to New York as a child and returns to Haiti as an adult. The book is set during the Duvalier dictatorship and will be taught in tandem with the 10^th grade history course’s unit on Haiti. 

In addition to the opportunity for interdisciplinary learning, the themes in the book will engage students and equip them with the knowledge and skills to be successful in IB English the following year. The text is appropriate for teaching the conventions of the novel and the literary argument essay, given the abundant passages worthy of close reading and annotation.

The books will be on display in the Superintendent’s Conference Room for the two weeks. 

DISTRICT GOAL
I. Curriculum and Instruction

POLICY/CODE
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT
$4,620 from General Base Grant funds.

STAFF RECOMMENDATION
Adopt the new textbook for Berkeley High School in BIHS 10^th grade English.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE: August 26, 2015
SUBJECT: Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Camp Arroyo, Livermore, California, October 14-16, 2015
Approve participation of fifty-five fifth grade students, four teachers and 10 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, October 14, at 10:30 a.m., and return Friday, October 16, 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 $214.00 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.

Tilden Regional Park, Berkeley, CA, September 24-25, 2015
Approve participation of thirty-five Student Ambassadors, four teachers, and six other adults from Willard middle school on a two-day, one-night field trip to Gillespie Camp, Tilden Regional Park. The group will depart from Willard middle school at 9:00 a.m. on Thursday, September 24, and return at 2:00 p.m. on Friday, September 25, 2015. No transportation is requested as the students/chaperones will be walking to and from the field trip. Seventh and eighth grade students will learn to cooperate by using various social/emotional and team-building activities. The students will sleep in gender-specific supervised tents. The trip cost of $500 is being paid by site funds, BSF grant and Willard PTA. No student will be denied access based on inability to pay. Requested by Debbie Dean, Willard 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: Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE: August 26, 2015
SUBJECT: Approval of Memorandum of Understanding between Contra Costa County
Office of Education and Berkeley Unified School District to provide
Teacher Induction Services (formerly BTSA)

BACKGROUND INFORMATION:
Berkeley Unified School District provides Beginning Teacher Support and Assessment (BTSA)/induction program for new teachers in order for them to receive a “Clear” California teaching credential. Previously, BUSD had been a part of the East Bay BTSA Induction Consortium with several other districts in Alameda County and coordinated by Newark Unified School District.

Prior to 2007-2008 each district received state funding for each teacher participating in the induction program. These funds were sent to the consortium and allocated out to districts to use to support their local costs. After 2007-08 BTSA/induction was considered a Tier III program and the funds remained dedicated to BTSA but not tied to the number of teachers receiving services. Newark received these funds and continued to allocate funds to the district, but at a much more reduced amount. With the adoption of the Local Control Funding Formula, BTSA/induction funding is no longer provided as a line item allocation to sites or consortiums. Based on this fact, Newark Unified School District determined it would no longer distribute funds to support the program. BUSD researched several other local options to provide services that would meet our needs and possibly serve our teachers better. It was determined that Contra County Office of Education (CCCOE) would be the best match.

Beginning in 2014-15, CCCOE provided induction services and support for new teachers in BUSD. For the first time, induction was offered to special education teachers as well as general education. Services from CCCOE will continue into the 2015-16 school year. The program under CCCOE will no longer be referred to as BTSA, but rather CCCOE Teacher Induction Program (TIP). CCCOE charges BUSD $2,000 per participating teacher when BUSD provides the mentor, or $4,000 per participating teacher when CCCOE provides the mentor. Currently staff is projecting 54 new, year 1 and year 2 teachers in BUSD qualifying for TIP. If additional teachers are hired that require support the contract will be amended to include them.

POLICY/CODE
Education Code Section 44259 - 22579

FISCAL IMPACT
$128,000 in LCFF Base funding will be used to support new teachers with the CCCOE Induction Program.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pauline E. Follansbee, Director of Fiscal Services
DATE: August 26, 2015
SUBJECT: Approve Listing of Warrants Issued in June and July 2015.

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 June and July 2015 are attached for the Board’s review.

POLICY/CODE
Educational Code Section 41010 et seq.

FISCAL IMPACT  
$4,202,972.20 for the month of June 2015 and $6,529,749.31 for the month of July 2015 from various funds. 

STAFF RECOMMENDATION
Approve the monthly bill warrant list for the month of June and July 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pauline Follansbee, Director of Fiscal Services
DATE: August 26, 2015
SUBJECT: Approval of Payroll Warrants Issued in June and July 2015

BACKGROUND INFORMATION
On a regular basis, the Board receives information on the total amount paid employees during a month. The attached represents a summary of pay warrants from various funds for the months of June and July 2015.

POLICY/CODE
Educational Code 41010 et seq.

FISCAL IMPACT
$7,302,546.39 for June 2015 and $7,017,928.53 for July 2015 from various funds.

STAFF RECOMMENDATION
Approve payroll payments made in June and July 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015
SUBJECT: FY 2015-16 Mandate Block Grant (MBG) Funding

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

The enacted State Budget provides $219.5 million to fund the Mandate Block Grant (MBG) for FY 2015-16. These funds are unrestricted in use. Allocation of funds is based on average daily attendance (ADA) calculated as of the second principal (P-2) apportionment for the 2014-15 FY. For FY 2015-16, the District will receive $28.42 per ADA for students in grades K through eight, and $56 per ADA for students in grades 9 through 12.  

In order to receive the funding appropriated in the 2015 Budget Act, the District must opt-in to the MBG program by August 31, 2015. This will replace the claim reimbursement program which could result in more revenue but no guaranteed funding from the state in the near future.

Staff is recommending that the District opt-in for FY 2015-16, to receive guaranteed funding of $350,549.

FISCAL IMPACT
An additional $350,549 in revenue to the General Fund budget for FY 2015-16

STAFF RECOMMENDATION
Opt into the MBG for FY 2015-16 to receive guaranteed State funding of $350,549.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015
SUBJECT: P-Annual School Average Daily Attendance and October Enrollment Summaries 

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

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

Current and prior year average daily attendance (ADA) for the P-Annual attendance reporting period from the start to the end of school year.

• Current and prior year school enrollment reports as reported in October of each year.

The summary report reflects the variance between FY 2014-15 and FY 2013-14 for enrollment and ADA for each school.

At school sites, regular enrollment and ADA improved over the prior year, with an increase in enrollment of 218 students and an increase in ADA of 177 students. Overall ADA enrollment percentage decreased by 0.30%.

Independent Study, Arts Magnet, Cragmont, Jefferson, LeConte, Malcolm X, King, and Willard added between 10-50 ADA due to increased enrollment. However, ADA percentage dropped in Berkeley Arts Magnet, Cragmont, John Muir, Malcolm X, Longfellow, Willard, Berkeley High and Home & Hospital.

POLICY/CODE
Board Policy 5113

FISCAL IMPACT
The District earns $63.61 per student per day of attendance which equates to $8,014.40 per ADA.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015
SUBJECT: Approval of Legal Services Agreements for Fiscal Year 2015-16

BACKGROUND INFORMATION
The following legal service agreements are being presented to the Board for approval: 

Fagen Fiedman & Fullfrost to provide legal services as directed by the Superintendent, Assistant Superintendent of Human Resources and Director of Special Education.The District will be utilizing these services for labor negotiations, personnel matters, general legal support and special education services.The attorney rates are $275 to $300 per hour for Partners, $215 to $235 per hour for Associates, and $135 to $155 per hour for Paralegal/Law Clerks.This is an increase of $10 per hour for all levels.

Atkinson, Andelson, Loya, Ruud & Romo, Attorneys to provide legal services as directed by the Superintendent and Assistant Superintendent of Human Resources.The District will be utilizing these services primarily for legal services regarding personnel matters.The attorney rates are $250 to $275 for Partners and $235 per hour for Senior Associates and $225 for Associates and $165 to $175 per hour for Paralegal/Law Clerks.This is an increase of $10 to $15 per hour for all levels.

Burke, Williams and Sorreson, LLP to provide legal services as directed by the Superintendent and Deputy Superintendent.The District utilizes these services primarily for legal services regarding charter schools.The attorney rates are $255 per hour for Partners and $220 per hour for Associates. 

Dora Dome Law Offices to provide legal services as directed by the Superintendent.The District utilizes these services primarily for legal services regarding student matters.The attorney rate is $240 per hour and $175 for Paralegals.

Dannis, Wolver and Kelley to provide legal services as directed by the Superintendent or Deputy Superintendent.The District utilizes these services primarily for Facilities Matters.The attorney rates are $225 to $310 per hour for Partners and $185 to $225 per hour for Associates and $120 to $140 per hour for paralegals. 

POLICY/CODE
N/A

FISCAL IMPACT
Legal Fees are estimated at an amount not to exceed of $434,680 for the General Fund and $144,000 within the Special Education Budget. Legal expenses related to the bonds will be paid for through the Building Fund.  

STAFF RECOMMENDATION
Staff is requesting approval from the Board to enter into an agreement for Legal Services as listed above. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Susan Craig, Director, Student Services
DATE:  August 26, 2015
SUBJECT: Contract with New Bridge Foundation for Alcohol, Tobacco, and Other Drug Use (ATOD) Prevention and Intervention Support in BUSD

BACKGROUND INFORMATION
BUSD students at both the middle school and high school levels report high levels of substance use, according to the California Healthy Kids Survey data, which is administered every other year to BUSD students in grades 5, 7, 9, 11, and at Berkeley Technology Academy. In particular, BUSD students’ reported marijuana use rates are above the State and National average.

The abundance of high quality, inexpensive marijuana in the community is a probable factor contributing to the high rate of marijuana use by BUSD students. ATOD use during adolescence contributes to high risk behavior, truancy, academic failure, depression and other issues related to mental and physical health.

The City of Berkeley (COB) and BUSD have joined forces to address ATOD use by Berkeley’s youth through a non-punitive educational and therapeutic approach. One year ago, COB and BUSD agreed to provide matching contributions of $70,000 towards a contract with New Bridge Foundation to provide the ASPIRE Program, a research-based ATOD prevention and intervention program that includes a therapeutic component and education, at Berkeley High School as well as Longfellow and King Middle Schools (The ASPIRE Program was already offered through New Bridge at Berkeley Technology Academy and Willard Middle School through a grant.). Both COB and BUSD have agreed to continue providing matching contributions of $70,000 in order to continue offering New Bridge’s ASPIRE Program at BHS, King MS, and Longfellow MS. Through this joint effort between COB and BUSD, ATOD prevention education and intervention support will continue to be available at all BUSD middle and high schools during the 2015-2016 school year.

The ASPIRE Program provides ATOD education and intervention support for students who are in possession and/or under the influence of ATOD while under school jurisdiction. ATOD intervention is used in lieu of suspension whenever feasible and allowed by law (Note: selling a controlled substance at school requires a mandatory recommendation for expulsion.). Students can be referred to the ASPIRE program by school staff (including administrators, counselors, teachers, safety officers, or other staff), through the School Attendance Review Board (SARB), and by parent/guardian request. Students may also self-refer to the program. The ASPIRE program’s effectiveness will be evaluated through pre- and post- surveys taken by participants, through additional feedback gathered from participants (i.e. focus groups), and through a review of referrals to the program in lieu of suspension/expulsion and through SARB.

POLICY/CODE
3513.3, 5131.6, 5144.1

FISCAL IMPACT
The contract with the New Bridge Foundation will be the amount of $140,000. $70,000 will be paid by BUSD and $70,000 will be paid by the COB.

STAFF RECOMMENDATION
Approve the contract with New Bridge Foundation.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans Ed.D., Superintendent                   
FROM: Susan Craig, Director, Student Services
DATE: August 26, 2015
SUBJECT: Contract with SEEDS Community Resolution Center

BACKGROUND INFORMATION
Restorative Justice (RJ) is an umbrella term that encompasses Community Building and Conflict Resolution principles and practices that enrich communities, repair harm, restore relationships, and create safe spaces for dialogue. When properly implemented in schools, RJ has been successful in improving school climate, building relationships between students and staff, and reducing the need for suspensions and expulsions.

While RJ has been implemented in a few BUSD schools in recent years, the District has not implemented RJ school-wide and with fidelity in multiple schools. Through the District’s LCAP process last spring, the Board prioritized efforts to increase support for students, reduce the use of suspensions, in particular the disproportionate use of suspensions of African American students, and improve school climate through a significant expansion of RJ in schools.

BUSD is fortunate to have SEEDS Community Resolution Center, a local non-profit that specializes in RJ, in our community. The District will be contracting with SEEDS to provide RJ Support at the following schools:

Elementary School RJ Pilot: RJ will be piloted at Washington Elementary School. Twenty hours of RJ support will be provided.

Middle School RJ Support: Twenty hours per week of RJ support will be provided at Longfellow MS and Willard MS. Thirty hours per week of RJ support will be provided at King MS.

Berkeley Technology Academy (BTA) RJ Support: Twenty hours per week of RJ support will be provided at BTA.

Restorative Justice Community Conferencing (RJCC): SEEDS will provide RJCC, as needed, for student disciplinary matters in lieu of suspension and/or a recommendation for expulsion. Referrals for RJCC will be made through Student Services.

The measures that will be used to evaluate the effectiveness of the RJ support through SEEDS include suspension data disaggregated by race/ethnicity, California Healthy Kids Survey data related to school climate and connectedness, the number of staff training and coaching sessions provided, and feedback from staff and students.

POLICY/CODE
5030.2, 5131.2, 5144.1, 5145.7

FISCAL IMPACT
$135,000

STAFF RECOMMENDATION
Approve the contract with SEEDS.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE: August 26, 2015
SUBJECT: New Textbooks for African American History

BACKGROUND INFORMATION
The following textbooks will be presented to the Board on August 26, 2015 for consideration. I am requesting the following books for African American History:

1. African American History: A Journey of Liberation. Asante, Molefi Kete. 1995.
This book promotes cultural awareness through richly flavored accounts of the events in African American History; this book encourages its readers to expand their knowledge of the historical foundations from which this country has evolved.

2. The Autobiography of Malcolm X, as told to Alex Haley – Paperback, 1987
Malcolm X's blistering honesty with which he recounts his transformation from a bitter, self-destructive petty criminal into an articulate political activist, the continued relevance of his militant analysis of white racism, and his emphasis on self-respect and self-help for African Americans. And there's the vividness with which he depicts black popular culture--try as he might to criticize those lindy hops at Boston's Roseland dance hall from the perspective of his Muslim faith, he can't help but make them sound pretty wonderful. These are but a few examples. The Autobiography of Malcolm X limns an archetypal journey from ignorance and despair to knowledge and spiritual awakening. When Malcolm tells coauthor Alex Haley, "People don't realize how a man's whole life can be changed by one book," he voices the central belief underpinning every attempt to set down a personal story.

3. The Souls of Black Folk. DuBois, W.E.B. 1903 (original publication date)
This landmark book is a founding work in the literature of black protest. W. E. B. Du Bois (1868-1963) played a key role in developing the strategy and program that dominated early 20th-century black protest in America. In this collection of essays, first published together in 1903, he eloquently affirms that it is beneath the dignity of a human being to beg for those rights that belong inherently to all mankind. He also charges that the strategy of accommodation to white supremacy advanced by Booker T. Washington, then the most influential black leader in America, would only serve to perpetuate black oppression. Publication of The Souls of Black Folk was a dramatic event that helped to polarize black leaders into two groups: the more conservative followers of Washington and the more radical supporters of aggressive protest. Its influence cannot be overstated. It is essential reading for everyone interested in African-American history and the struggle for civil rights in America.

4. Dreams from My Father by Barack Obama, (2004), An autobiographical journey of racial identity and fulfillment in modern America's "colorblind" society. An updated story of the search for self-identity in the modern world. 

5. Coming of Age in Mississippi by Anne Moody, (1992).
To read her book is to know what it is to have grown up black in Mississippi in the forties an fifties—and to have survived with pride and courage intact. In this now classic autobiography, she details the sights, smells, and suffering of growing up in a racist society and candidly reveals the soul of a black girl who had the courage to challenge it. The result is a touchstone work: an accurate, authoritative portrait of black family life in the rural South and a moving account of a woman's indomitable heart.

6. Sister Outsider by Audre Lorde, (2007).
Lorde takes on sexism, racism, ageism, homophobia, and class, and propounds social difference as a vehicle for action and change. Her prose is incisive, unflinching, and lyrical, reflecting struggle but ultimately offering messages of hope.

7. I know Why the Caged Bird Sings by Maya Angelou (1994).
In this first of five volumes of autobiography, poet Maya Angelou recounts a youth filled with disappointment, frustration, tragedy, and finally hard-won independence. Sent at a young age to live with her grandmother in Arkansas, Angelou learned a great deal from this exceptional woman and the tightly knit black community there. These very lessons carried her throughout the hardships she endured later in life, including a tragic occurrence while visiting her mother in St. Louis and her formative years spent in California--where an unwanted pregnancy changed her life forever. Marvelously told, with Angelou's "gift for language and observation," this "remarkable autobiography by an equally remarkable black woman from Arkansas captures, indelibly, a world of which most Americans are shamefully ignorant." 

8. The Montgomery Bus Boycott and the Women who Started it by JoAnn Robinson, 1987.
First-hand account of the widely-recognized beginning of the modern civil rights movement. This account is about the behind-the-scenes organization and struggles of everyday blacks who decided it was time to stand up risking great personal costs. A milestone for black women as key organizers in this seminal event.

The textbooks will be on display in the Superintendent’s Conference Room for the two weeks. 

POLICY/CODE
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT
$2,100 from the General Based Grant fund.

STAFF RECOMMENDATION
Adopt the new textbooks for Berkeley High School in African American Studies: History

 BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans Ed. D., Superintendent
FROM: Timothy Mull, Transportation Manager
DATE: August 26, 2015
SUBJECT: Approval of Contract Extension with American Logistics for
Non-Public School (NPS) Transportation School Year 2015-16

BACKGROUND INFORMATION:
The District contracts with American Logistics for Non-Public School (NPS) Transportation. Over the past few years the District has made significant progress in reducing the expenditures related to the transportation of NPS students. In addition the vendor has worked with the District to reduce the cost of the service including adjusting cost factors and creating incentives for timely payment. In the current fiscal year (2014-15) the costs were less than the budgeted amount of $659,400.There will be a modest overall increase in costs for the 2015-2016 School Year.These increases will not, however, exceed the current year budgeted amount of $659,400.The current contract extends through August 31, 2015.

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

FISCAL IMPACT:
The annual cost of service under the contract extension for 2015-16 will not exceed $659,000. Cost to be paid from the Special Education Budget.These costs include the 2016 Extended School Year from July 1, 2016.

STAFF RECOMMENDATION:
Approve Purchase Order with American Logistics for School Year 2015-16 and the extended school year through August 31, 2016 in the amount of $659,400.

BERKELEY UNIFIED SCHOOL DISTRICT

 OFFICIAL MINUTES
Wednesday, April 8, 2015
____________________________________________________________

President Judy Appel called the meeting to order at 7:40 p.m. She reported that the Board convened to Closed Session at 5:30.

Roll Call 7:53 p.m.       
Board of Education:
Judy Appel, President - Present
Beatriz Leyva-Cutler, Vice President - Present
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director - Present
Ty Alper, Director - Present
Jesse Barber, Student Director, BHS - Present
Carlos Ku-Ceja, Student Director, BTA – Absent

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

Report Closed Session

Collective Bargaining – Conference with Labor Negotiators:
District designated representative: Roy Combs
Employee organization: BFT Negotiations
Employee organization: Local 21 Negotiations
Unrepresented Employees: Classified Management
-No Action

Public Employee Discipline/Dismissal/Release
Consideration of complaint pursuant to AR 1312.1
Classified Employee Settlement Agreement – No Action
Classified Employee Suspension – was postponed at the employee’s request
Classified Employee Dismissal

Motion to accept the staff recommendation for the Classified Employee Dismissal:
Leyva-Cutler/Hemphill and approved 4-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director - Yes
Ty Alper, Director - No

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
Crowell vs. BUSD PERB Case No. SF-CE-3027-E – No Action
OCR Complaint No. 09-15-1041 – No Action
OCR Complaint No. 09-15-1095 – No Action

Public Employment/Appointment
Appointment of Berkeley High Principal - President Appel announced the appointment of Sam Pasarow as the Principal of Berkeley High starting in the new school year.

Motion to Appoint Sam Pasarow as the new Principal of Berkeley High:
Appel/Hemphill and unanimously approved 5-0

OPEN SESSION
President Appel called the Open Session meeting to order at 7:50pm.

APPROVAL OF REGULAR AGENDA
Director Daniels requested that Action Item 1, The Approval of District Funds for the School Nurse, be moved to the Consent Calendar. President Appel requested to switch the order of Discussion Items, making Common Core State Standards Implementation: Three Year Budget Recommendation Discussion Item 1 and Childhood Development Center Staffing Recommendation and Regulatory Compliance Discussion Item 2.

Motion to approve regular agenda as amended by Director Daniels and President Appel:
Hemphill/Barber and unanimously approved 5-0

PUBLIC TESTIMONY
A total of 17 people addressed the board:

Two Students and two parents talked about the Sexual Harassment Policy.

A Parent talked about a complaint she filed with OCR.

A Thousand Oaks teacher addressed teacher compensation.

Three parents addressed the Board about considering alternatives to portables.

Two John Muir parents talked about John Muir’s modernization project.

A Berkeley High parent voiced support for BUSD Information Technology professionals’ request for some important position needs for I.T.

The BFT President asked the Board not to close preschool classrooms.

Two teachers came before the Board requesting prioritization to teacher contract negotiations.

A Berkeley High alum and current parent came before the Board to request transportation for the Biannual Berkeley High Alumni picnic.

UNION COMMENTS

Maggie Knutson, BFT
Ms. Knutson talked about the urgent need for a more culturally responsive, equitable and effective model of student management—one that will address the disproportionality of punitive discipline and drastically improve school climate. In order to eliminate the existing discipline gap, she urged the Board to provide financial support and thoughtful leadership for a restorative practices pilot program to begin next year. She added that concrete action and financial investment should now follow the 2020 Vision Statement and the 2011 BUSD Board Resolution vowing to accept restorative practices as a means to reduce suspensions. She submitted that while preventative measures such as PBIS, Welcoming Schools, RTI and Toolbox are in effect, there is no specific program in place that directly addresses or responds to misbehavior. She reported that a recent BFT survey showed that more than half of BUSD teachers believe that our schools’ discipline structure is either not very effective or is nonexistent. She added that BUSD needs a model that is transparent, student centered, effective and encourages parent engagement. Ultimately, she said that restorative practices create a community culture where students feel valued, heard and respected. In order to implement restorative practices, she asked the Board to make significant investment in professional development.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Ty Alper announced that he made two appointments. His first appointment was of Roxanne Reyes, a recent Cal graduate with years of working with BUSD students, to the Peace and Justice Commission. He also appointed Dewey Zarney, a Berkeley High tenth grader, to the Youth Commission. He congratulated Dr. Craig and Merlin Edwards for the recent state recognition BUSD received as one of only 11 districts with a model SARB program.

Director Karen Hemphill announced that she will be participating on the interview panel for the new Principal at Washington Elementary, making it her third Principal interview this school year. She also notified everyone that she will not attend the next Board Meeting due to her son’s college graduation.

Student Director Jesse Barber thanked his classmates, in particular, for showing up. He invited everyone to come out to Little Theatre tomorrow for the Berkeley High Talent Show at 7p.m.

Vice President Leyva-Cutler introduced Berkeley’s commemorative period, Si Se Puede, recognizing the work and legacies of Cesar Chavez and Dolores Huerta. She announced the essay contest. The deadline for essay submissions is April 22^nd. She also congratulated Dr. Craig for the state recognition given to BUSD SARB team.

Director Josh Daniels invited everyone to this year’s Berkeley High Alum baseball game on Saturday, April 11^th at 1p.m. He announced that his office hours were postponed from April 11^th to April 18^th from 2pm-4pm at Take One Café. In his update of an earlier policy subcommittee meeting today, he said that they discussed the Uniform Complaint procedures. In an effort to allow for PAC more time to submit feedback, he added that LCAP would not be coming back to the Board as soon as they had initially anticipated. He also expressed support for the Biannual Berkeley High Alumni Picnic and said he would like to know more of the kind of help the Board could provide. Lastly, he acknowledged Vice President Leyva-Cutler for her election to the Delegate Assembly of the School Board Association. 

President Appel said she was able to stop by Thousand Oaks’ community meeting and said it was great to see how many parents and community members were present. She added that she and Vice President Leyva-Cutler also attended the joint PAC and ELAC meeting. She reported that during the next policy subcommittee meeting they will be discussing the enrollment policy and extended an invitation for everyone to attend these meetings which take place at 12:30 p.m on the same day as the Board meetings. She thanked the Union for its comments tonight and said she was personally committed to ensure that there be a shift in the way discipline is addressed through the implementation of restorative practices.

Superintendent Evans congratulated the SARB team for its state recognition. He also congratulated Vice President Leyva-Cutler for her election to the Delegate Assembly of the School Board Association. He went on to say he was really excited about Sam Pasrow’s appointment as Berkeley High’s new Principal and added that it was his strong instructional leadership that set him apart from all of the other great candidates. Lastly, he formally introduced Tim White, BUSD’s newly appointed Director of Facilities.

APPROVE CONSENT CALENDAR

Motion to Approve Consent Calendar:
Barber/Alper and approved unanimously 5-0

Action Item

1.Sexual Harassment Policy and Administrative Regulation – 5145.7 – Second Reading
President Appel introduced this item by saying that since it was previously addressed, there have been no changes. She reiterated that it is being passed as an interim policy and that the goal is to go back to the proposal from last year and make improvements reflective of OCR’s input. Board members raised concerns relative to timeline, budget and specifics around the Title IX Coordinator position. Questions and discussion followed.

Motion to adopt the Sexual Harassment and Administrative Regulation – 5145.7 – Second Reading, with the recommendation to revisit this policy in no later than a year:

Alper/Leyva-Cutler and approved unanimously 5-0

DISCUSSION ITEM

1.Common Core State Standards Implementation: Three Year Budget Recommendation  
Presenters: Pasquale Scuderi, Maggie Riddle, Michelle Sinclair

Superintendent Evans introduced this item by saying that the following presentation would be an overview of common standards and how they have been implemented in the past. He added that it would also display a more systematic approach in implementation as we move forward

Assistant Superintendent Scuderi added that his presentation would explain how the Common Core standards will be strategically implemented in the next three years. He said that this more systematic approach was less of a compliance effort and more of an effort to deepen support for positive improvement in how teachers teach, what teachers teach and what students learn. Questions and discussion followed.

Superintendent Evans thanked the Board for its input. He also reminded them that the goal herein was to develop teachers’ capacities in order to deliver a world class education, requiring a thoughtful and significant investment. Staff agreed to come back with a recommendation reflective of the Board’s input.

Vice President Leyva-Cutler moved that open session be extended to 11:30 p.m.

Motion to extend open session until 11:30 p.m.:
Leyva-Cutler/Appel and approved 4-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk - Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes
Jesse Barber, Student Director, BHS - Yes 

2. Childhood Development Center Staffing Recommendation and Regulatory Compliance

Presenters: Maria Carriedo, Pasquale Scuderi
Principal Carriedo provided an overview of the program and its needs relative to funding, staffing and enrollment. In funding this program, Assistant Superintendent Scuderi noted that BUSD is currently making a substantial investment of local monies into a regional program, whose 44 percent of participants are non-Berkeley residents. Out of the three possible scenarios presented, Staff recommended scenario 3, which explores the reduction of one 9.5 hour program and increases positive revenue to $530,054, offering the needed minimum of $253,000 for additional staffing and leaving a remaining $22,946 to be funded. Questions and discussion followed.

EXTENDED PUBLIC COMMENT
No one came forward.

President Appel adjourned meeting at 11:15 p.m. The Board recessed into closed session.

BERKELEY UNIFIED SCHOOL DISTRICT

 OFFICIAL MINUTES
Wednesday, April 22, 2015
__________________________________________________________

President Judy Appel called the meeting to order at 7:40 p.m. She announced that the Board of Education convened to closed session at 6:00 p.m.

Roll Call 7:43 p.m.       
Board of Education:
Judy Appel, President - Present
Beatriz Leyva-Cutler, Vice President - Present
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director - Present
Ty Alper, Director - Present
Jesse Barber, Student Director, BHS - Present
Carlos Ku-Ceja, Student Director, BTA – Absent

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

Report Closed Session

Student Discipline Matters :
Case No. 1415-11-111002 – expulsion, No Action
Case No. 1415-30-022300 – expulsion, No Action
Student Case No. OD1415-02-121099 - readmission, No Action
Student Case No. OD1415-03-071900 - admittance, No Action
-President Appel reported that the Student Discipline Matters would be discussed when the Board re-recessed into Closed Session

Liability Claim
Workers’ Compensation Settlement – Claim No. 130900066 
Motion to accept Staff recommendation on this matter:
Daniels/Leyva-Cutler and unanimously approved 5-0

Public Employment/Appointment
Classified Employee Suspension

Motion to suspend employee for ten days:
Alper/Appel and unanimously approved 4-0
Judy Appel, President - Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Abstained
Josh Daniels, Director - Yes
Ty Alper, Director - Yes

Classified Employee Dismissal
Public hearing was held at employee’s request.

Collective Bargaining – Conference with Labor Negotiators:
BFT Negotiations
Local 21 Negotiations
|UBA Negotiations

President Appel reported that this item will be discussed when the Board re-recessed into closed session at the end of the meeting. No action.

OPEN SESSION
The open session meeting was called to order at 7:40pm.

APPROVAL OF REGULAR AGENDA

Motion to approve regular agenda:
Alper-Leyva-Cutler and unanimously approved 5-0

PUBLIC TESTIMONY
A total of 13 people addressed the Board:

Two teachers addressed teacher compensation.

A parent spoke in favor of a new coordinator position for BUSD’s Instructional Technology Department.

A representative of Building Opportunities for Self Sufficiency (BOSS) invited the Board to its Youth Leadership Gala where 20 outstanding youth will be recognized for overcoming life challenges including homelessness, domestic violence, and criminal justice issues.

King Middle School’s LCAP Committee representative voiced support for the changes proposed by the PAC to BUSD’s draft policy.

Two students and two instructors advocated for the continuation of BUSD’s Gardening Program.

A Green School Initiative representative spoke in favor of the garden and waste reduction programs.

Two Sexual Harassment Advisory Committee members thanked the Board for securing training around sexual harassment.

A parent talked about his children’s expulsions and asked the Board to reconsider its disciplinary action in this matter.

A Parent spoke in support for LeConte’s TWI program.

UNION COMMENTS

Paula Phillips, Berkeley Council of Classified Employees (BCCE)
She said that in the past years BCCE members have been severely disciplined, denied promotional opportunities, and have received illegal wage garnishments. She stated that changes in district procedures without proper notification coupled with numerous unresolved matters have led to the union going outside of BUSD to resolve these issues. She ceded the rest of her speaking time to the President of the Berkeley Chapter of the NAACP, Mansour Id-Deen, to address the Board then reported that there have been numerous complaints from classified and certificated BUSD employees. Mr. Id-Deen added that these complaints include issues of discrimination and favoritism in employment. He emphasized the importance of ensuring fair and impartial work environments for BUSD employees and asked the Board for its prompt cooperation in addressing and resolving these matters.

Cathy Campbell, Berkeley Federation of Teachers (BFT)
She read aloud portions of a letter addressing budget priorities that BFT sent to the Board on the previous day. She submitted that, with the use of unrestricted funds, staff compensation should top these priorities. She urged the Board not to close any preschool classes and to continue to invest in children’s education. With respect to Common Core Standards, she thanked Assistant Superintendent Scuderi for his proposal to invest in new science standards and asked the Board to consider prioritizing investment in the new core subject areas including ELA, science and math. In terms of the LCAP, she recommended that priority be given to middle school RTI Coordination and Literacy Coaching. Lastly, she stressed the need for a restorative practices pilot program in at least two sites, and the need for investment in the recruitment and retention of quality teachers.

COMMITTEE REPORTS 

District English Language Advisory Committee (DLAC)
A DLAC representative came before the Board to recommend the use of ELD funds left over from 2014-15 to increase ELD support in 2015-16. In regards to the LCAP policy, he asked the Board to consider a data analysis team.

Parent Advisory Committee (PAC)
A PAC member came before the Board and addressed LCAP initiatives and program evaluation.

BOARD MEMBERS AND SUPERINTENDENT COMMENTS
Due to time constraints, President Appel asked the Board Members to limit their comments to one to two minutes, mainly announcing their office hours.

Director Josh Daniels announced that his May office hours will change to May 2^nd from 2pm to 4pm at Take One Café. He provided an update on an earlier subcommittee policy meeting, reporting that the Uniform Complaint Procedure policy and Administrative Regulation as well as the Enrollment Policy and Administrative Regulation were discussed would be revisited at the next meeting on May 6^.

Director Ty Alper announced that his office hours would be Sunday, April 26 at Casa Latina from 3pm to 5pm.

Director Karen Hemphill announced that her office hours would be on  Saturday, April 25 at Café Leila from 10am to 11:30am. She also announced that she will not be present at the next Board meeting due to her son’s college graduation.

Student Director Jesse Barber announced that BHS put on its annual democratic election convention and held a meet and greet with candidates that are running for election.

Vice President Leyva-Cutler -No office hours

President Appel thanked everyone who came to her office hours and said her next office hours will be at Café Leila on May 16^th.

Superintendent Evans announced that he will be speaking tomorrow at the Berkeley Democratic Club at 7pm.

APPROVE CONSENT CALENDAR

Motion to Approve Consent Calendar:
Barber/Leyva-Cutler and approved unanimously 5-0

Discussion Item

1.   Approval of Ongoing Funding for the Gardening Program Pre K-7^th

Superintendent Evans introduced this item by saying that the gardening program has been a one-time funded program, and that out of last year’s total budget of $677,243, $100,000 was city funded. He reported that the city would no longer be supporting this program financially, resulting in BUSD’s task to make up for a $100,000 deficit. Consequently, there will be some administrative changes and reductions to the program.

Presenters, Pat Saddler and Jezra Thompson, presented current year expenditures and budgeting projections for 2015-16, as well as successes and the importance of continuing to fund this program. Questions and discussion followed. 

2.   Staff Recommendations on Budget Priorities

President Appel introduced this item by reminding everyone of the decision the Board arrived at a few weeks back following Deputy Superintendent Cleveland and Assistant Superintendent Scuderi’s first presentation on budget priorities. In order to make informed decisions and to better guide the district in prioritizing budget allocations, the Board agreed to more deeply explore the Early Childhood Program, Common Core, and the Gardening Program.  

Superintendent Evans added that staff gave priority to items around safety and compliance and explained that the goal of this presentation was to allow the Board to item-by-item provide further budgeting direction to staff.

Deputy Superintendent Cleveland explained that in order to make meaningful and accurate multi-year budget projections, one-time funded programs should be looked at to determine whether or not they can be funded on an ongoing basis. Questions and discussions followed.

President Appel directed the Board to go through all of the items one by one and voice whether or not to fund.

School Nursing
Was already approved at a previous meeting.

Compliance Officer $120,000
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Wants to see job description first
Josh Daniels, Director – Lower Amount
Ty Alper, Director - Yes
Jesse Barber, Student Director, BHS - Yes

Technology Restructure $52,000
Judy Appel, President - Maybe
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk -Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes

BTSA Coordinator $277,569
Unanimously supported

Class Size Reduction $400,000
Judy Appel, President – Needs additional information
Beatriz Leyva-Cutler, Vice President – Needs additional information
Karen Hemphill, Director/Clerk – Needs additional information
Josh Daniels, Director - No
Ty Alper, Director - Yes

Math Class Size Reduction, Middle School
Judy Appel, President - Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk - Needs additional information
Josh Daniels, Director - No
Ty Alper, Director - Yes

BSEP Measure Planning $93,000
Unanimously supported

Superintendent’s Super Science Saturday Program $35,000\
Unanimously supported

BHS Theatre Manager
Judy Appel, President - Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk - Yes
Josh Daniels, Director - Maybe

Gardening and Cooking Program $542,000
Unanimously supported

ATOD Prevention and Intervention Counseling $70,000
Unanimously supported

Child Development Staffing $22,000
Judy Appel, President – Requested additional information
Beatriz Leyva-Cutler, Vice President – Requested additional informational
Karen Hemphill, Director/Clerk – Did not say
Josh Daniels, Director – Higher Amount
Ty Alper, Director – Higher Amount

High School Math Design Collaborative
Unanimously supported at a higher amount of $200,000

Middle School Math Class Size Reduction
Judy Appel, President – No
Beatriz Leyva-Cutler, Vice President – Had additional clarifying questions
Karen Hemphill, Director/Clerk – Had additional clarifying questions
Josh Daniels, Director – No
Ty Alper, Director – Yes

Academic Literacy in ELA
Judy Appel, President – Higher Amount
Beatriz Leyva-Cutler, Vice President – Higher Amount
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – Lower Amount
Ty Alper, Director – Yes

Elementary Professional Development Coordinator
Unanimously supported

Next Generation Science Standards
Unanimously supported

Professional Development Coordinator
Unanimously supported

Director Daniels moved to extend Open Session to 11:15pm:
Daniels/Appel and unanimously approved 5-0

Evaluation Assessment TSA
Judy Appel, President – No
Beatriz Leyva-Cutler, Vice President –Additional information
Karen Hemphill, Director/Clerk – Additional information
Josh Daniels, Director – Yes
Ty Alper, Director – No
Jesse Barber, Student Director, BHS – Lower amount

Instructional Technology Coordinator $124,000
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk - Yes
Josh Daniels, Director – No, and replace with TSA
Ty Alper, Director – Undecided
Jesse Barber, Student Director, BHS – Yes

Director Daniels stressed the importance of identifying items that should be cut. He said that we cannot afford to continue to increase budget allocation while also providing an increase in teacher compensation. Questions and discussion followed.

EXTENDED PUBLIC COMMENT
No one came forth.

President Appel adjourned open session at 11:19 and the Board recessed into Closed Session.

BERKELEY UNIFIED SCHOOL DISTRICT

OFFICIAL MINUTES
Wednesday, May 06, 2015
_____________________________________________________

President Judy Appel called the meeting to order at 7:40 p.m. She announced that the Board of Education convened to closed session at 5:50 p.m.

Roll Call 7:43 p.m.       
Board of Education:
Judy Appel, President - Present
Beatriz Leyva-Cutler, Vice President - Present
Karen Hemphill, Director/Clerk – Excused Absence
Josh Daniels, Director - Present
Ty Alper, Director - Present
Jesse Barber, Student Director, BHS - Present
Carlos Ku-Ceja, Student Director, BTA – Absent

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

Report Closed Session

Student Discipline Matters:
Student Expulsion – Case No. 1415-12-111501

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

Conference with Legal Counsel
Conference with Legal Counsel – Anticipated Litigation
PERB Case No. SF-CE-3027-E -- Brian Crowell v. Berkeley Unified School District

Motion to Accept Staff Recommendation:
Daniels/Leyva-Cutler and unanimously approved 4-0

Public Employee Discipline/Dismissal/Release/Evaluation
Immediate Suspension and Dismissal of Certificated Employee

Motion for the Immediate Suspension and Dismissal of Certificated Employee No.6740:
Daniels/Alper and Unanimously Approved 4-0

Suspension of Classified Employee

Motion to reduce the Suspension of Classified Employee No. 3333 to twenty days:
Daniels/Alper and unanimously Approved 4-0

Collective Bargaining – Conference with Labor Negotiators:
President Appel reported that the Board did not have an opportunity to discuss this item.

OPEN SESSION

APPROVAL OF REGULAR AGENDA
Director Daniels requested that Items C4, Recommendation for Allocation of BSEP Class Size Reduction Funds in FY 2015-16, and C5, Recommendation for Expenditures in 2015-16 from the Library Portion of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP), be pulled from Consent Calendar and be voted on respectively.

Motion to approve regular agenda as amended by Director Daniels:
Daniels/Barber and unanimously approved 4-0

PUBLIC TESTIMONY

A total of 16 people addressed the Board:

Seven teachers came forward to demand a fair and strong contract.

Two Library Technicians advocated for the additional district library staff..

A Berkeley High parent and two community members talked about the 18-story building plans on Harold Way.

Two students and a parent, representing the Green Team, talked about the importance of recycling and water conservation.

A parent thanked the Board for its support in ending vaccination loopholes.

A parent came forth to discuss BUSD’s response to sexual harassment.

UNION COMMENTS

Paula Phillips, Berkeley Council of Classified Employees (BCCE)
She said that the Classification Study calls for the collapsing of a number of classified positions coupled with an increase in responsibilities and a reduction in compensation. She urged the Board to bargain without ignoring pleads for just and fair compensation. She expressed support for the California Librarians Association and said that no classified employee should be displaced.

Cathy Campbell, Berkeley Federation of Teachers (BFT)
Asked the Board to present a fair contract before the end of the current school year. For the first time in many years, she added, BUSD did not begin this current year fully staffed. She said this was indicative of BUSD’s inadequate compensation for its teaching force. She went on to emphasize that teachers must be the district’s number one budget priority.

COMMITTEE REPORTS 

Construction Oversight Bond Committee
Committee representatives Stephanie Allan and Suzie Marinola expressed support for the preparation of district wide planning documents, which include education specifications, a master plan and an implementation plan. They said that this plan would help in articulating the education vision and program and student needs, as well as frame the mission of the district and ensure equity across school sites and individuality among school sites. They added that this plan would also be valuable to developers as they improve facilities.

Parent Advisory Committee (PAC) 
PAC representative, Mimi Pullich, reported that the PAC does not feel that there is sufficient program evaluation data. She said that there are more questions than answers and suggested that the Board delegate responsibilities across the district to facilitate data collection. She went on to say how the lack of data presents equity issues. Literacy coaching resources, in particular, she said, present equitable issues for which they would like more time to review and provide feedback. 

BSEP Planning and Oversight Committee (P&O)
A P&O representative addressed the Board on behalf of the Berkeley Schools Excellence Program Planning and Oversight Committee to express support for the approval of the plan for the class size reduction budget. He suggested that making inevitable cuts early would help minimize the possibility of major traumatic cuts later. He went on to say that after careful consideration, P&O’s general consensus is that employing a short term general fund along with other monies would aid in buffering the BSEP priorities of extended course offerings.

Berkeley Arts Steering Committee
Invited the Board to upcoming performances.

BOARD MEMBERS AND SUPERINTENDENT COMMENTS
Board and Superintendent Comments were pulled to accommodate full agenda. 

APPROVE REGULAR AGENDA (AMENDED)
Motion to Approve Regular Agenda with item C3, the Approval of School Safety Plan for Berkeley High School, pulled and Items C4, Recommendation for Allocation of BSEP Class Size Reduction Funds in FY 2015-16, and C5, Recommendation for Expenditures in 2015-16 from the Library Portion of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP), moved to Action Items:

Leyva-Cutler/Barber and approved unanimously 4-0

APPROVE CONSENT CALENDAR

Motion to Approve Consent Calendar:
Alper/Barber and approved unanimously 4-0

Action Items
1. Recommendation for Allocation of BSEP Class Size Reduction Funds in FY 2015-16

Director Daniels introduced this item by saying that his concern lied in the proposed budget’s structural deficit of about $400,000. He added that the proposal on how to address this gap is a minor cut that will employ one-time funds for the following year. He suggested that it would be best to eliminate now as opposed to next year, when cuts will have to be made four to five months before voting on BSEP. He proposed that the Extended Class offerings (ECO) list be prioritized. Questions and discussion followed.

Motion to approve staff Recommendation for Allocation of BSEP Class Size Reduction Funds in FY 2015-16:
Leyva-Cutler/Appel and approved 3-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes
Jesse Barber, Student Director, BHS - Yes

2. Recommendation for Expenditures in 2015-2016 from the Library Portion of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP)

Director Daniels introduced this item by expressing similar concerns as with the previous Action Item, saying that although Director Todd has done a great job managing the libraries’ budget, going into the next measure did not guarantee any additional funds, which means that it is highly probable that the current proposed budget may not be able to be carried into 2017-18. He clarified that in this case, there is no need to make cuts but rather prevent an expansion. Questions and discussion followed.

Motion to approve Recommendation for Expenditures in 2015-2016 from the Library Portion of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP):
Appel/Leyva-Cutler and approved 3-1:
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes

3. Annual Declaration of Need for Fully-Qualified Educators
Motion to accept staff recommendation on the Annual Declaration of Need for Fully-Qualified Educators:
Daniels/Alper and approved unanimously 4-0

4. Superintendent’s Recommendation on Budget for 2015-16

Staff came back with a list of budget priorities reflective of Board’s recommendations. Superintendent Evans said it has been a challenging process to prioritize what will be brought forward. In an effort to gather further direction from the Board, he went through the list item by item. Questions and discussion followed.

Motion to accept Superintendent’s Recommendations on Budget priorities with the exception of the Compliance Officer, and opting for Scenario 1 of the Child Development Staffing with the condition that raising fees is considered:
Appel/Daniels and unanimously approved 4-0

5. Resolution No. 15-058 for Issuance of General Obligation Bonds and Resolution No. 15-059 for Refunding General Obligation Bonds

Motion to adopt resolution No. 15-058 for Issuance of General Obligation Bonds and Resolution No. 15-059 for Refunding General Obligation Bonds:
Daniels/Leyva-Cutler and unanimously approved 4-0

6. Public Hearing for Initial Proposals for a Reopener Agreement between the District and UBA

President Appel opened the Public Hearing for the initial Union of Berkeley Administrators (UBA) Proposal for A Reopener Agreement. Hearing no public comment, the Board proceeded to action.

Motion to approve the Initial Proposals for a Reopener Agreement between the District and UBA:
Daniels/Barber and unanimously approved 4-0

Director Daniels moved to extend Open Session to 12:00 a.m.
Daniels/Appel and unanimously approved 4-0

7. Presentation of Facilities Master Planning and Community Outreach Process; Consideration to Move Forward with RFP Process

Director White introduced this item by saying how much more effective it is to take a preventative approach rather than a crisis control one with respect to facilities planning. His presentation addressed the education specifications of facilities master planning. He encouraged the Board to consider the draft of the Request for Proposals before the Board. Questions and discussion followed.

President Appel suggested that Director White reach out to individual members of the Board to figure out how to better refine his recommendation and hone the scope of his planning. Staff agreed to bring this item back to the Board.

Discussion Item

1. Local Control and Accountability Plan (LCAP) Update

Superintendent Evans introduced this item as the first reading of the LCAP, saying it would provide an update on year one’s engagement, programs, proposed budget, timelines and measurable outcomes.

Director Saddler presented data reflective of stakeholder and community engagement, expenditures, programmatic budget allocations, budget projections, and timeline. She reported that they had completed the LCAP draft book and submitted it to the county for technical feedback before it is made available to Cabinet and stakeholders. The goal is to have it ready by June 2, 2015 and approved by June 20, 2015. Questions and discussion followed.

Following the Board’s direction and recommendations, Director Saddler agreed to come back to the Board with a final recommendation.

President Appel moved to extend the meeting to 12:30 a.m.
Appel/Alper and approved 4-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes
Jesse Barber, Student Director, BHS - Yes

2. Proposed Position for Title IX Coordinator/Compliance Officer

The Board weighed in on what this position entailed and the FTE required to carry out assigned responsibilities.

Motion to adopt the Superintendent’s Proposed Position for Title IX Coordinator/Compliance Officer with the condition that this position is defined as and encompasses a broader breadth of responsibilities:
Appel/Barber and approved 3-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Josh Daniels, Director - No
Ty Alper, Director – Yes
Jesse Barber, Student Director, BHS - Yes

EXTENDED PUBLIC COMMENT
No one came forward.

President Appel adjourned meeting at 12:30 a.m.

BERKELEY UNIFIED SCHOOL DISTRICT

 OFFICIAL MINUTES
Wednesday, June 10, 2015
__________________________________________________________

Acting Chair, Student Director Jesse Barber called the meeting to order at 7:48 p.m. President Appel announced that the Board of Education convened to Closed Session at 6:00 p.m.

Roll Call 7:50 p.m.       
Board of Education:
Judy Appel, President - Present
Beatriz Leyva-Cutler, Vice President - Present
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director - Present
Ty Alper, Director - Present
Jesse Barber, Student Director, BHS - Present
Carlos Ku-Ceja, Student Director, BTA – Present

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

 Report Closed Session

Student Discipline Matters:
Expunging of Suspension 1415-SP01-110296 –

Motion to reject the Staff recommendation to expunge suspension 1415-SP01-110296:
Appel/Hemphill and approved 3-2
Judy Appel, President - Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director - No
Ty Alper, Director -No

Collective Bargaining
BFT, UBA, BCCE and Local 21 Negotiations - No Action

Public Employment Appointment
Program Supervisor for VAPA

Motion to approve the appointment of Peter Gidlund as the new Program Supervisor for VAPA:
Appel/Alper and unanimously approved 5-0

Liability Claims
Per No. 1400876
Workers’ Compensation Claim No. 10BSD0051

Motion to accept staff recommendations in this matter:
Appel/Leyva-Cutler and unanimously approved 5-0

Workers’ Compensation Claim No. 2005040263
- The Board postponed decision to June 24

 OPEN SESSION
The open session meeting was called to order at 7:48pm.

APPROVAL OF REGULAR AGENDA
Director Daniels asked to move Discussion Item 1, LCAP Hearing, before Action Items.

Motion to approve agenda with Discussion items before Action Items:
Daniels/Appel and unanimously approved 5-0

PUBLIC COMMENT
A total of 10 people addressed the Board:

Two BTA students asked the Board to save the gardening program

Two representatives of the Black Parent Affinity Group spoke on behalf of parent participants, who expressed how important this group has become in our community.

A parent and the Director of Growing Leaders, a new entrepreneurship program that helps students prepare for college life, shared some of the program’s successes. 

A parent spoke in support of the Coordinator of African American studies as a  K-12 position.

A developer addressed the Board about developer impact fees, saying that school districts can obtain up to 25% of costs and urged the Board to take action as the state has run out of bonding.

A parent called attention to the comment written by the LCAP committee which advocates for more accountability, including fund related and evaluative data.

The Executive Director of the Green Schools Initiative thanked the Board for solidifying the administrative component and expressed support for the Master Facilities planning.

A teacher and a parent thanked  The Board for the Soda Tax. They also advocated for the gardening program.

COMMITTEE REPORTS 

PAC

A PAC representative addressed the comments the PAC submitted to the Board and said they were awaiting a response from staff. She thanked the Board and staff for their work and cooperation with bylaws and accountability plan.

BOARD MEMBERS AND SUPERINTENDENT COMMENTS

Director Josh Daniels thanked Director White, Superintendent Evans and President Appel for their contribution to the Facilities Master Plan. He reported that the public comment forum will open on Friday, June 12, and added that they had closed on a refunding of an existing bond, saving $2.4 million.

Director Carlos Ku-Ceja advocated for the Gardening program at BTA and for the African American studies class.

Director Ty Alper reported that in February 2016 there will be a better sense of how many portables will be needed, allowing the Board to make a responsible, better informed decision.

Director Karen Hemphill also thanked Director White for his proposal regarding the Master Plan. She also commented on school climate, saying that recently there have been some arising matters not necessarily related to sexual harassment, but directly connected to the school climate, that also need to be captured in District policy. She added that the yearbook incident, in which some students made some dishonorable comments, was indicative of an unsafe climate. As the LCAP is discussed, she said she will be a strong advocate of school culture.

Vice President Leyva-Cutler responded to Director Hemphill’s comments, saying that one of the ways in which school climate can be addressed is by providing Chicano and African American Studies courses throughout BUSD. She also congratulated the first graduating cohort of BUSD’s EMT program. She concluded by recognizing the student who passionately addressed the Board during public comment in regards to the gardening program.

President Appel thanked everyone who spoke. She also thanked the PAC for its work in collaboration with staff and particularly commended Laura Babbitt. She acknowledged the Student Board Representatives, announcing that today was Student Director Barber’s last meeting. She commended Director White for his facilities master plan, which is now being referred to as the facilities planning process. She said she was excited about the work as it validates the deep commitment to equity. In regards to the article on BTA, she tearfully apologized for the comments that were made and encouraged everyone to read BUSD’s response.

Student Director Jesse Barber announced that he graduated from his small school CAS and said that this was his last meeting, He thanked the staff for their support and for pushing him beyond his own limits.

Superintendent Evans thanked the student directors for a job well done. He also congratulated the graduating class of 2015. He thanked all of the committees for their work on the LCAP and said that the goal is to continue supporting the programs that will have the greatest impact on student success. He acknowledged the students and teachers who have contributed to the decline in suspensions. He shared that he was able to attend the graduation ceremonies for BAS and the EMT program and commended the students for their achievement. He personally thanked Director Saddler for her work with the Black Parent Affinity Group and said he hopes she continues this great work.

APPROVE CONSENT CALENDAR

Motion to Approve Consent Calendar:
Ku-Ceja/Leyva-Cutler and approved unanimously 5-0

Discussion Item

1. Public Hearing – Local Control Accountability Plan (LCAP)
   Acting Chair Barber opened hearing at 9:04 p.m.

 A BTA teacher came forth to advocate for resource and intervention for BTA students. She said they are in need of a dean and a family engagement coordinator and added that BTA students need to be advocated for.

A public council member thanked the Board for the number of programs it has implemented, but said that the coordination component still needs to be solidified in order to effectively manage these programs.

A parent thanked the Board for putting in place the LCAP plan and asked the Board to ensure follow-through.

The PAC co-chair shared an email she received from a parent who said that she witnessed targeted disciplinary action on an African American student whose teacher singled him out.

Hearing closed at 9:17 p.m.

Director Saddler and Assistant Superintendent Scuderi introduced this presentation by saying this was a response to the Board’s budgetary recommendations at the previous meetings. With regards to Restorative Justice, they proposed to identify one elementary school in which a Restorative Justice program will be piloted along with a coordinator at each middle site. They also displayed some of the goals and timeline. Questions and discussions followed.

President Appel went down the line to allow the Board to voice support or concerns for any of the items.

Director Barber moved to extend Open Session to midnight.

Motion to extend Open Session to midnight:

Barber/Appel and unanimously approved 5-0
*Carlos Ku-Ceja, Student Director excused himself at 11pm

Action Item

1. Approval of Proposed Budget for Garden-Based Learning Program for 2015-16

Given this was the first time the Board is considering ongoing funding for the gardening program with the inclusion of RTI, Jezra Thompson, the Gardening Program Supervisor, walked the Board through the budget and clarified its allocations. Questions and discussion followed.

Motion to approve Proposed Budget for Garden-Based Learning to include a proportional increase at BTA:
Alper/Appel and approved 4-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes
Jesse Barber, Student Director, BHS - Yes

After Director Daniels expressed his negative vote, President Appel withdrew her seconding motion.

Director Hemphill amended motion to include a ratio balanced increased for each site involved.

Motion to approve Proposed Budget for Garden-Based Learning as amended by Director Hemphill:
Alper/Hemphill and approved 4-1
Judy Appel, President – YesBeatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director - No
Ty Alper, Director - Yes
Jesse Barber, Student Director, BHS - Yes

Public Hearing – 2015-16 Preliminary Budget
Acting Chair Barber opened Hearing at 11:53. No one came forward.

Presentation followed and it went over budget highlights, changes since estimated actuals, multi-year projections and other considerations. Questions and discussion followed.

Director Daniels suggested that staff modify their proposal to show a reduction in the General Fund’s contribution by 50,000 every year. The Board agreed.

EXTENDED PUBLIC COMMENT

No one came forth.

President Appel adjourned meeting at 12:30  a.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:        Donald Evans, Ed.D., Superintendent
Pasquale Scuderi, Assistant Superintendent
DATE:         August 26, 2015
SUBJECT:  Modification of Board Policy 6146.1 and Issuance of Diplomas to Class
of 2015 Graduates Who Met All Graduation Requirements Other Than CAHSEE

BACKGROUND INFORMATION:
California Education Code 60851(a) provides that “each pupil completing grade 12 shall successfully pass the high school exit examination as a condition of receiving a diploma of graduation or a condition of graduation from high school,” and based on this requirement current Board Policy 6146.1 and Administrative Regulation 6146.1 similarly require that students must successfully pass the California High School Exit Exam (CAHSEE) to receive a high school diploma.

Elsewhere, California Code of Regulation requires that “school districts shall provide eligible pupils in grade 12 at least three opportunities per school year to take the section(s) of the CAHSEE not yet passed,” and that “eligible pupils in grade 12 may take the section(s) of the CAHSEE not yet passed up to five times per school year and may take the CAHSEE in successive administrations.” (5 CCR 1204.5(b)).

Historically seniors are able to take the CAHSEE in July for an additional opportunity to pass one or both sections of the CAHSEE in order to obtain a diploma.

Pending Senate Bill 172 proposes suspension of CAHSEE administration during the 2016-17 through 2018-2019 school years, and suspension of the requirement that students pass this examination as a condition of graduation from high school.  Due to this legislation, the California Department of Education (CDE) notified Districts that the CAHSEE may be suspended in the 2015-2016 school year; and the State Superintendent of Public Instruction Tom Torlakson has exercised his discretion under Education Code section 60851(d) to cancel the July 2015 administration of CAHSEE.

Superintendent Torlakson’s cancellation of the July CAHSEE administration left many seniors without an additional opportunity to pass both sections of CAHSEE and to obtain a high school diploma, an opportunity that each previous graduating class was given. As a result of the State’s decision to cancel the administration of the CAHSEE in July, some seniors in the Berkeley Unified School District may have been adversely impacted.

The delay and uncertainty caused by this pending legislation and the cancellation of the July CAHSEE administration before final resolution of the new legislation has potentially left some of our students vulnerable to being denied access to opportunities that would have otherwise been available to them if the July administration of the exam had not been cancelled.

Therefore, BP 6146.1 and AR 6146.1 notwithstanding, the Berkeley Unified School District will hereby issue diplomas to all students in the class of 2015 who have not received diplomas solely because they had not passed both sections of the CAHSEE, but who otherwise completed all credit and course requirements in compliance with Board Policy 6146.1 and AR 6162.52.

Board Policy 6146.1 is hereby attached and may be modified if the Board sees fit.  Otherwise, the Superintendent will bring Board Policy 6146.1 (Graduation Policy) back to the Board for reconsideration at such time as the California legislature and Governor have taken action on Senate Bill 172.

FISCAL IMPACT
None

STAFF RECOMMENDATION 
Approve the proposal and issue diplomas to any and all students in the class of 2015 who met all course and credit requirements to receive a high school diploma except the passage of CAHSEE.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Donald Evans, Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE: August 26, 2015
SUBJECT: Approval of the 15–16 Consolidated Application for
Funding Categorical Aid Programs

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

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

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

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

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

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

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

POLICY/CODE
Education Code Section 64000-64001

FISCAL IMPACT
Approximately $1,142,561.00 in categorical funding

STAFF RECOMMENDATION 
Approve the Consolidated Application for Categorical Aid programs. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Donald Evans, Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent
DATE: August 26, 2015
SUBJECT: Department of Rehabilitation (DOR) Contract Renewal with Berkeley Adult School (BAS)

BACKGROUND INFORMATION
This Cooperative Contract is designed to jointly serve the mutual consumers receiving services from the Department of Rehabilitation DOR through the Greater East Bay District Office and the Berkeley Adult School BAS. The Berkeley Adult School has partnered with DOR to create Workability II WAII through a cooperative contract.

The Berkeley Adult School BAS WAII program is designed to serve all eligible DOR consumers with a variety of disabling conditions.  Services delivered through BAS WAII are provided on site on the Berkeley Adult School.  DOR consumers referred to BAS WAII for employment preparation, job development, placement and/or education and training services under this agreement

The Berkeley Adult School Workability II Program staff will provide employment preparation, job development, placement and follow up services, vocational and academic counseling designed to prepare DOR consumers to obtain and retain competitive employment. 

All services, funded directly or through certified expenditures, provided through this agreement shall be exclusively for DOR consumers.

During fiscal year 2015/16, a total of 35 unduplicated DOR consumers will receive services through this cooperative agreement.

As a result of services provided through this contract, it is expected that DOR will:
Open 35 new cases (status applicant)
Develop 20 new Individual Plans for Employment (IPE)
Close 13 cases successfully (status closed rehabilitated)

During fiscal year 2016/17, a total of 35 unduplicated DOR consumers will receive services through this cooperative agreement.

As a result of services provided through this contract, it is expected that DOR will:
Open 35 new cases (status applicant)
Develop 20 new Individual Plans for Employment (IPE)
Close 13 cases successfully (status closed rehabilitated)

During fiscal year 2017/18, a total of 35 unduplicated DOR consumers will receive services through this cooperative agreement.

As a result of services provided through this contract, it is expected that DOR will:
Open 35 new cases (status applicant)
Develop 20 new Individual Plans for Employment (IPE)
Close 13 cases successfully (status closed rehabilitated)

Description of services

Employment Preparation - Intake - The DOR counselor, student/DOR client, and WAII staff will have an initial meeting to review the IPE and the services WA III will provide. In addition, the intake will serve to establish a collaborative effort / agreement between the student/DOR client, DOR counselor, and WA II staff. BAS WAII staff will provide DOR consumers (as needed) job seeking skills, counseling and preparation either individually or in a group setting. The Berkeley Adult School WA II staff will meet with the DOR consumer to develop an education/training plan and determine/suggest the duration of the training required for accomplishment of the IPE and otherwise expedite entry into Berkeley Adult School. Activities include:

• Informational intake
• Expediting of enrollment into BAS
• Arrangement of accommodations for DOR consumers
• Monitoring of DOR consumer’s attendance and performance.
• Addressing problems that may occur while attending school
• One to one vocational career counseling
• Job search skill instructional
• Master application development
• Resume development
• Interview techniques
• Assistance in the development of employment objective and strategies
• Appropriate grooming and hygiene

Job Development, Placement and Follow Up - The Placement Specialist will assist job ready DOR consumers, both in school and out of school, obtain employment by identifying specific job openings.  Activities include:
Intake/information meeting.
Development and maintenance of relations/network with employers and business groups to identify opportunities.
Provision of job leads, job descriptions, and related information, and referral of DOR consumers to employer contacts.
Assisting and coaching DOR consumers with their own job development/search activities.
Providing monthly reports on DOR consumers job search activities to their DOR counselor.
Maintaining a reference file of employer’s contacts.

POLICY/CODE
California Ed Codes 52614, 52616.4, 52525

FISCAL IMPACT
$35,000

STAFF RECOMMENDATION
Approve contract renewal with the Department of Rehabilitation for fiscal years 2015-2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         August 26, 2015
SUBJECT:  Requests for Additional Staffing for School Sites and Business Operations

BACKGROUND INFORMATION

The Board approved budget priorities for fiscal year 2015-16 on May 6, 2015. Since the State Budget for 2015-16 was passed with additional funding for the District, Staff is requesting additional FTE allocations for immediate school year needs at Thousand Oaks and King Middle schools. Staff is also requesting an additional clerical position for the Business office, an additional LEARNS Coordinator position for the central office and a restoration of a .5 FTE Storekeeper for the Warehouse that was previously reduced from a 1.0 FTE during the State budget cuts in fiscal year 2009-10.

Thousand Oaks
Staff is requesting an additional .2 FTE teacher to support the bilingual program at Thousand Oaks.

Extending the bilingual program all the way to 5th grade is a new development at Thousand Oaks. Last year was the first time we had 5th graders receiving instruction in Spanish (students used to transition to English-only after 3rd grade). For 80% of their day, 4th and 5th graders all receive grade-level instruction in English. For 20% of their day, the bilingual students receive instruction in Spanish.

This year we expect to have 17 bilingual 5th graders and 18 bilingual 4th graders--a total of 35 children, too many for a 4th/5th bilingual combination (the model we used for the past two years).  In 4th grade, we are projected to have 70 students, 3 classes. We intend to have 3 classes of approximately 24, each with 6 bilingual students. For 20% of the day, the classes will re-group and the bilingual students receive their Spanish instruction from one of the 4th grade teachers, who is bilingual. The English-only classes will be a bit larger during that 20% time, 26 or 27 students--but well within a reasonable class size.

At 5th grade we have 81 total students, 17 of them bilingual. We cannot simply re-group these students for the bilingual students' 20% Spanish instruction, because it will mean English-only classes of 32 or 33 students during that time. With an additional .2 FTE BCLAD position for 5th grade, we will be able to pull out the 17 bilingual students for their Spanish instruction, while maintaining reasonable class sizes for English-only students during that time.

King Middle School
King is currently predicted to have 323 students in 7^th grade and 321 students in 8^th grade next year. Altogether, this is 23 sections of students and this is where the FTE calculation comes from. In reality, almost all King classes are grouped by grade level, so there are 11.5 sections for each grade. This creates challenges in building classes, as they are often a bit small or too large.  

Ideally, King’s FTE would be calculated using 24 sections (12 for each 7^th and 8^th grade). Each grade has an average of 13.4 sections, so King staff would like to be able to round up to 14 sections each so class size stays under 24.  An additional .3 FTE would allow staff to schedule 14 sections at each grade level in math and science. This FTE is about the allocation provided to support BSEP Class Size Reduction (CSR). Staff is requesting the Board to approve an additional .3 teacher FTE to support this need.

Staff is also requesting an additional .4 teacher FTE to support EL classes. Currently, 28 EL students have 2 teachers over 2 periods.  With an additional .4 FTE for those 28 students, small class sizes for EL students can be created.

Warehouse Staffing
In fiscal year 2009-10, the Storekeeper position in the Warehouse was reduced from a 1.0 FTE to a .5 FTE. This is the only position in the warehouse. During that year, not only did the Purchasing Department lose a .5 FTE warehouse position due to the State budget cuts, but also a 1.0 FTE clerical position. With those 2 reductions, it has been extremely difficult over the years to manage Purchasing in an effective and efficient manner. During that same year, the Storekeeper also became the Delivery Driver for Food Services as a .5 FTE to increase the position to a 1.0 FTE. Therefore, the Storekeeper is currently a .5 FTE position for the Warehouse and .5 FTE Delivery Driver position for Food Services. 

During a recent discussion with the Facilities team, Technology and Purchasing, a concern was brought forward that the Storekeeper position is no longer able to keep up with the tagging of all of the District assets over $500, receive all of the textbooks, new computers, tablets and other equipment coming into the District warehouse, and manage the surplus of the District’s property.Staff is requesting that the Board restore the .5 FTE Storekeeper position to a full time FTE. This will allow the Storekeeper working in the warehouse to support Purchasing full-time. 

The Food Services Department has another part-time .5 FTE Delivery Driver position. Food Services will need to hire another part-time .5 FTE Delivery Driver since two employees are needed. 

Clerical Support for the Business Office
Currently, the Business Office has one Executive Assistant that supports the Deputy Superintendent and the Director of Fiscal Services. The demand on the Executive Assistant to manage and facilitate, not only the Fiscal Services Department, but the other eight Departments, including Human Resources, is overwhelming. The Executive Assistant also covers the Receptionist desk on the Second Floor during lunch and breaks since the move to 2020 Bonar. This impacts her ability to focus on the work demands of the Business Office. The demands on one person supporting two Administrators and covering all of the tasks for all of Business Services and other service departments have become very challenging. 

Staff is requesting the Board to approve an additional 1.0 FTE Clerical Assistant III that can support the Director of Fiscal Services, Technology, Purchasing and the Risk Management Department  and assist with filing, mail and other clerical tasks that are needed. This person can also cover the receptionist desk for lunch, breaks and the last hour of the day between 4:00pm and 5:00pm without overtime pay.  We currently pay the receptionist overtime to cover an extra hour each day. 

POLICY/CODE
N/A

FISCAL IMPACT
One-time Base Grant funding of $85,000 for .9 FTE certificated positions at Thousand Oaks and King Middle School.  These positions will be analyzed to determine if there is an ongoing need during this year’s budget process for budget priorities for 2016-17.

Ongoing Base Grant funding of $55,000 for Clerical Assistant III position and $34,200 for additional .5 FTE Storekeeper position for a total of $89,200.

STAFF RECOMMENDATION
Approve the additional positions as described above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015
SUBJECT: Fiscal MOU with REALM Charter Schools

BACKGROUND INFORMATION 

On June 9, 2010, the Board approved the charter to operate the REALM Middle and High charter school. The attorneys from both parties negotiated and finalized a fiscal Memorandum of Understanding (MOU) including but not limited to REALM's share of the District's oversight and special education sights.

The District enters into an agreement with Realm Charter Schools each year pertaining to services provided by the District and the charter school's fiscal obligations.  Staff has updated the MOU for school year 2015-16. 

The most significant change is Realm’s decision to obtain services for Special Education from another SELPA.  The District will no longer receive REALM’s share of the encroachment of approximately $390,000 for both schools in 2015-16.  In 2016-17, the District will also no longer receive revenue from our SELPA based on REALM’s prior year enrollment. The revenue received from the SELPA for REALM has been applied towards the District’s cost to service REALM of about $410,000 a year for both schools. Last year, the District cost to service REALM school was approximately $800,000 for both schools. This MOU agreement does not include Special Education services

Staff is requesting board approval of the Fiscal MOU with Realm Charter School for fiscal year 2015-16.

POLICY/CODE
Education Code section 47604, 47604.32, 47604.33, 47605(g), 47605(m), 47613(d). 

FISCAL IMPACT
The District will charge 1% of charter school’s revenues as a statutory oversight fee. The District will deduct this amount from the annual in-lieu property tax transfer. 

The District will charge Realm Charter School approximately $183,000 for maintenance, grounds and custodial support for fiscal year 2015-16. The District will not receive REALM’s share of the encroachment of approximately $390,000 for Special Education services. 

STAFF RECOMMENDATION
Approve the fiscal MOU for REALM charter schools for fiscal year 2015-16. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: August 26, 2015  
SUBJECT: Approval of Contracts/Purchase Orders for Services Contracts

BACKGROUND INFORMATION
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget.

1. Ratification of contract with Reliance Communication, to provide renewal of School Messenger Complete 12 Month Notification Service and secure document delivery for the period from 7/1/15 – 6/30/16. The cost will not exceed $19,758. To be paid from General Fund. Requested by Jay Nitschke.
2. Ratification of contract with QSS, to provide annual support for BUSD business systems software for the period from 7/1/15 – 6/30/16. The cost will not exceed $68,079. To be paid from General Fund. Requested by Jay Nitschke.
3. Ratification of contract with Lightspeed Systems, to provide web filtering and reporting services for the period from 7/1/15 – 6/30/16. The cost will not exceed $11,000. To be paid from General Fund. Requested by Jay Nitschke. 
4. Ratification of contract with NCS Pearson, to provide PowerSchool software support for the period from 7/1/15 – 6/30/16 for the Technology Department. The cost will not exceed $47,696.25. To be paid from General Fund. Requested by Jay Nitschke.
5. Ratification of contract with A Z Bus Sales, to provide repair services for Transportation Department for the period from 7/1/15 – 6/30/16. The cost will not exceed $10,000. To be paid from General Fund. Requested by Tim Mull.
6. Ratification of contract with Office of Administrative Hearings, to provide the services of Administrative Law Judges for the period from 7/1/15 – 6/30/16.  The cost will not exceed $48,000. To be paid General Fund. Requested by Delia Ruiz.
7. Ratification of contract with State of California Justice Department, to provide pre-employment fingerprint records for the period from 7/1/15 – 6/30/16. The cost will not exceed $25,000. To be paid from General Fund. Requested by Delia Ruiz.
8. Ratification of contract with City of Berkeley, to provide deisel fuel for BUSD Transportation vehicles for the period from 7/1/15 – 6/30/16. The cost will not exceed $89,200. To be paid from General Fund. Requested by Tim Mull.
9. Ratification of contract with CSM Consulting, Inc., to provide E-Rate consulting services for the period from 7/1/15 – 6/30/16. The cost will not exceed $21,500. To be paid from General Fund. Requested by Jay Nitschke.
10. Ratification of contract with Michael Stead’s Hilltop Ford, to provide service for BUSD Ford F450 busses as needed for the period from 7/1/15 – 6/30/16. The cost will not exceed $65,000. To be paid from General Fund. Requested by Tim Mull.
11. Ratification of contract with One Stop Auto Parts, to provide repair service for BUSD vehicles as needed for the period from 7/1/15 – 6/30/16. The cost will not exceed $29,250. To be paid from General Fund. Requested by Tim Mull.
12. Ratification of contract with Safety-Kleen, to provide disposal of waste oil and hazardous materials as required by Transportation Department for the period from 7/1/15 – 6/30/16. The cost will not exceed $15,000. To be paid from General Fund. Requested by Tim Mull.
13. Ratification of contract with Seven-Eleven Body Shop, to provide body work and painting for District vehicles for the period from 7/1/15 – 6/30/16. The cost will not exceed $45,000. To be paid from General Fund. Requested by Tim Mull.
14. Ratification of contract with Peterson Power System, to provide repair services for BUSD busses as needed for the period from 7/1/15 – 6/30/16. The cost will not exceed $70,000. To be paid from General Fund. Requested by Tim Mull. 
15. Ratification of contract with Cummins Pacific, to provide repair services as needed for BUSD vehicles for the period from 7/1/15 – 6/30/16. The cost will not exceed $15,000. To be paid from General Fund. Requested by Tim Mull.
16. Ratification of contract with Cogent Communications, to provide monthly broadband internet service for the period from 7/1/15 – 6/30/16. The cost will not exceed $33,336. To be paid from General Fund. Requested by Jay Nitschke.
17. Ratification of contract with J&O’s Commercial Tire Center, to provide vehicle repair service as needed for BUSD Transportation Department for the period from 7/1/15 – 6/30/16. The cost will not exceed $18,500. To be paid from General Fund. Requested by Tim Mull.
18. Downtown Berkeley YMCA, to provide physical educational activities for LeConte Elementary School for the period from 9/2/15 – 6/17/16. The cost will not exceed $22,464. To be paid from General Fund. Requested by Veronica Valerio.
19. Bay Area Community Resources, to provide Counseling Services for Thousand Oaks Elementary School for the period from 8/15/15 – 6/30/16. The cost will not exceed $23,000. To be paid from General Fund and BSEP Measure A Fund. Requested by Natasha Beery and Jennifer Corn.
20. Contract with Crowe Horwath LLP, to provide independent audit services for BUSD 2014-2015 Fiscal year financial statements. The cost will not exceed $65,000. To be paid from General Fund. Requested by Pauline Follansbee.
21. Contract with School Innovations & Advocacy, to provide BUSD with consulting services as needed for participation in the Mandate Block Grant Program for fiscal years 2015/16. The cost will not exceed $22,950. To be paid from General Fund. Requested by Javetta Cleveland.
22. Contract with Myers-Stevens & Toohey & Co., to provide insurance as requested by the Risk Management Department for the period from 7/1/15 – 6/30/16. The cost will not exceed $55,000. To be paid from Self Insurance Fund. Requested by Kimberle Sanders.
23. Ratification of contract with Infocus Video, to provide camera and PA system installation at Thousand Oaks Elementary. The cost will not exceed $34,177.69. To be paid from School Construction Fund. Requested by Timothy White.
24. Ratification of contract with Anixter Sales, to provide camera and PA system installation at Cragmont Elementary. The cost will not exceed $30,214.41. To be paid from School Construction Fund. Requested by Timothy White.
25. Community Alliance for Learning, to provide the WriterCoach Connection program at Berkeley High School for the period from Aug. 2015 – Aug. 2016. The cost will not exceed $10,500. To be paid from General Fund. Requested by Sam Pasarow.
26. Lisa Zeiler, to provide community-building music assemblies at Thousand Oaks Elementary School. The cost will not exceed $13,300. To be paid from General Fund. Requested by Jennifer Corn.
27. HERO, Inc., to provide recess and playground programming at Thousand Oaks Elementary School for the period from 9/2/15 – 6/17/16. The cost will not exceed $30,000. To be paid from General Fund. Requested by Jennifer Corn.
28. Museum of Children’s Art to provide fundamental visual arts skills  at Thousand Oaks Elementary School for the period from 9/2/15 – 6/17/16. The cost will not exceed $19,600. To be paid from General Fund and BSEP Measure A Fund. Requested by Jennifer Corn.
29. Contract with Crowe Horwath, to provide Measure I audit services for Fiscal Year 2015-16 for the Facilities Department. The cost will not exceed $16,900. To be paid from Measure I Fund. Requested by Timothy White.
30. Ellen Evangeliste, to provide Exploration in Art instructions for Cragmont School for the period from 9/2/15 – 6/17/16. The cost will not exceed $41,540. To be paid from General Fund. Requested by Hazelle Fortich.
31. YMCA of the Central Bay Area, to provide provide physical educational activities for three  preschool sites for the period from 9/2/15 – 6/17/16. The cost will not exceed $11,232. To be paid from BSEP Measure A Fund. Requested by Maria Carriedo.
32. YMCA of the Central Bay Area, to provide provide physical educational activities for Berkeley Arts Magnet Elementary School  for the period from 9/2/15 – 6/17/16. The cost will not exceed $30,888. To be paid from General Fund and BSEP Measure A Fund. Requested by Rene Molina.
33. Stiles Hall, to provide tutoring counseling services for Martin Luther King Middle School for the period from 9/1/15 – 6/30/16. The cost will not exceed $20,000. To be paid from General Fund and BSEP Measure A Fund. Requested by Pasquale Scuderi.
34. Child Therapy Institute of Marin, to provide counseling and mental health services for Berkeley Arts Magnet Elementary School for the period from 8/31/15 – 6/17/16. The cost will not exceed $35,000. To be paid from4 General Fund and BSEP Measure A Fund. Requested by Rene Molina.
35. Child Therapy Institute of Marin, to provide counseling and mental health services for three preschool sites for the period from 8/31/15 – 6/17/16. The cost will not exceed $32,000. To be paid from BSEP Measure A Fund. Requested by Maria Carriedo.
36. Nikao Youth Enrichment Services, to provide mentoring and case management services to Martin Luther King Middle School for the period from 9/2/15 – 6/30/16. The cost will not exceed $32,400. To be paid from BSEP Measure A Fund. Requested by Natasha Beery.    
37. Cupertino Electric, to provide electrical service repairs to the Maintenance Department as needed for the period from 7/1/15 – 6/30/16. The cost will not exceed $10,000. To be paid from Measure BB Fund. Requested by Steve Collins.
38. Comcast Inc., to provide network internet services to the district for the period from 7/1/15 – 6/30/16. The cost will not exceed $44,000. To be paid from General Fund. Requested by Jay Nitschke.
39. YMCA of the Central Bay Area, to provide provide physical educational activities for Emerson Elementary School  for the period from 9/2/15 – 6/30/16. The cost will not exceed $21,168. To be paid from General Fund. Requested by Susan Hodge.
40. Ratification of contract with Provo Canyon School, to provide Residential Non Public School services to Special Education Department students for 2014-15SY. The cost will not exceed $33,202.07. To be paid from General Fund. Requested by Lisa Graham.
41. Ratification of contract with Alameda County Behavioral Health Care Services, to provide In-State Mental Health Services for Special Education Department for 2014-15SY. The cost will not exceed $12,523.21. To be paid from General Fund. Requested by Lisa Graham.
42. Bay Area Community Resources, to provide Counseling Services for Cragmont Elementary School for the period from 9/1/15 – 6/30/16. The cost will not exceed $14,000. To be paid from General Fund and BSEP Measure A Fund. Requested by Natasha Beery and Pat Saddler.
43. Michael Mpyangu, to provide dance teachers for King Middle School for the periof from 9/2/15 – 6/17/16. The cost will not exceed $12,000. To be paid from BSEP and Measure A Fund. Requested by Peter Gidlund.
44. YMCA of the Central Bay Area, to provide physical educational activities for John Muir Elementary School  for the period from 9/2/15 – 6/30/16. The cost will not exceed $20,736. To be paid from General Fund. Requested by Audrey Amos.  
45. R.I.S.E., to provide academic assistance for Berkeley High School students and their families for the period from 7/1/15 – 6/30/16. The cost will not exceed $10,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
46. Goodwin Simon Strategic Research, to provide Opinion Research Services for the period from 7/1/15 – 6/30/16. The cost will not exceed $55,000. To be paid from General Fund. Requested by Natasha Beery.
47. Bay Area Community Resources, to provide AmeriCorps Volunteers for Willard’s Greening Project for period from 9/2/15 – 6/30/16. The cost will not exceed $28,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
48. The Mosaic Project, to provide food, lodging and curriculum for 63 students while on a field trip to the Mosaic Camp for the period from 9/7/15 – 10/2/15. The cost will not exceed $19,650. To be paid from the Restricted Donations. Requested by Hazelle Fortich.
49. Robertson Recreational Surfaces to install one Pour in Place Pad at King CDC.  The cost will not exceed $10,250. To be paid from Measure H.  Requested by Steve Collins.
50. Robertson Recreational Surfaces to re-surface the play mat at Franklin Parent Nursery for FY 2016.  The cost will not exceed $10,600. To be paid from Measure H. Requested by Steve Collins.
51. Merit Floor Care to sand and refinish various wood floors in the District for FY 2016. The cost will not exceed $30,000.  To be paid from Measure H.  Requested by Steve Collins.
52. Infocus Video, to provide equipment and camera installation for Cragmont Elementary School. The cost will not exceed $23,000.  To be paid from Measure AA. Requested by Timothy E. White.
53. Ninyo & Moore, to provide geotechnical testing and observation services at Willard Middle School Modernization Project. The Board originally approved $15,000 on October 22, 2014. The additional amount needed is $15,000 to amend the contract for a total of $30,000. To be paid from Measure I.  Requested by Timothy E. White.
54. Ninyo & Moore, to provide hazardous materials removal services for the King Gym Modernization Project.  The original contract was $9,200 and an additional $6800 is needed for a total of $16,000. To be paid from Measure I. Requested by Timothy E. White
55. Ratification of contract with N Harris Computer Corp to provide Etrition cafeteria serving line software support for the 2015-16SY for the Nutrition Services Program. The cost will not exceed $18,278.54. To be paid from the Cafeteria Fund. Requested by Marni Posey.
56. Contract with Stephanie Allan, to provide CTE Program and Curricula development at Berkeley High School and Berkeley Adult School for the period from 8/15/15 – 6/30/16. The cost will not exceed $20,000. To be paid from Genera Fund. Requested by Pasquale Scuderi.

POLICY/CODE
Public Contract Code: 20111
Board Policy 3310

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director
DATE:         August 26, 2015
SUBJECT:   Approval of Process for Berkeley City Council’s Request for Use of BUSD Board Room

BACKGROUND INFORMATION
On 6/23/15 The City Council of Berkeley passed a resolution expressing interest in using the District’s Board Room for its meetings on a pilot basis from 09/15/2015 to 11/17/2015. As part of the City Council’s request, a proposed license agreement between the District and the City was provided detailing the term and scope of the contract.

The Berkeley City Council and Berkeley Unified School District have a history of sharing facilities used for public meetings. Prior to the construction of 2020 Bonar, where our board room is located, the district held its board meetings at the Old City Hall. This also served as the City Council’s Chambers.

In 2007 the District  began exploring renovations of West Campus which was vacant at the time. The immediate plan was “to house our administrative personnel from the Central office (2134 ML King and 1835 Allston) and personnel from the 1720 Oregon Street” in safe facilities. This plan was shelved when the estimated cost of the facility was $20,000.000 and the available budget was $10,000.000.

Working closely with the neighbors, then Superintendent Bill Huyett, moved forward with a new scaled down plan that was mutually agreeable. In the summer of 2010 during the planning process the City of Berkeley approached the District in a 2 by 2 meeting to explore the possibility of sharing the Board Room space, and in that case also share in the costs. Additional improvements, restroom and conference space, and technology were added to the project. The final construction cost was projected roughly between $575,000 and $1,150,000. Although there was never a formal agreement, the understanding was that the cost of the project would be shared. A June 23, 2010 Board memo states, “The Superintendent and the City Manager will discuss the proposed scope of work and the responsibility of payment and or/ reimbursement.”  

The City Council use of the Board Room was outlined in an early community engagement process for the West Campus project, and residents expressed a desire for the city council to explore alternative locations for their council meetings, as documented in the October 18, 2011, West Campus Projects community meeting minutes. The community was most concerned about the volume of traffic and city politics converging into a single family residential neighborhood. No opposition was expressed about the use of West Campus as Board chambers for BUSD Board of Education meetings.  

At the January 2012 Berkeley City Council Meeting, 2020 Bonar was no longer considered as a location for the Council chambers. The Council instructed staff to “Review the summary of alternate locations for City Council meetings and directed staff to report back by May 1, 2012 on the cost, schedule, and viability of the following three options: Berkeley Community College Auditorium, Longfellow Middle School Auditorium and the North Berkeley Senior Center Multi-Purpose Room.

It appears that while the City of Berkeley was unsuccessful in locating another suitable location, they declined to partner with the District shortly after these engagements, opting to remain in the Old City Hall until they could find a suitable space. No funding was received from the City of Berkeley for this project.

POLICY/CODE
Board Policy 1330

FISCAL IMPACT
None

STAFF RECOMMENDATION
Given the prior community sentiment associated with housing city council meeting at 2020 Bonar, staff is recommending that the Board agendize a public meeting or ‘hearing’ to inform the community of the request and allow for the residents and community to give feedback.

Community comments and concerns can be expressed publicly and weighed by the Board in informing decision making on this issue.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Debbi D’Angelo, Director of Research, Evaluation and Assessment
DATE: August 26, 2015
SUBJECT: Local Control and Accountability Plan (LCAP), Goal 1 Evaluation

BACKGROUND
Local Control and Accountability Plan (LCAP)
The Local Control and Accountability Plan (“the Plan”) is mandated by the state as the standardized vehicle for addressing state priorities and local goals, identifying the most effective actions and services to meet those goals, as well as accounting for the Local Control Funding Formula supplemental expenditures and the indicators for monitoring progress. The Plan includes a description of annual goals, for all pupils and for each subgroup of pupils as stipulated in Education Code sections 52060 and 52061. On June 24, 2015, the school board approved a new three-year Local Control & Accountability Plan (LCAP) for 2015-2018. The first year’s plan (2014-15) was revised and updated to include the new state mandated format/template, additional accountability measures, and actions to improve and expand service to our highest need students.  The adopted plan in full can be found at: http://www.berkeleyschools.net/local-control/lcap/

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

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

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

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

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

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

LCAP Evaluation
The approved plan now includes an “Annual Update” which serves as a comprehensive review of the targeted goals, actions, services, and expenditures, a focused evaluation by Goal will be presented in a series of two presentations.  This first presentation will address the LCAP Goal 1 annual measureable outcomes as well as the actions and services specifically funded by supplemental dollars in 2014-2015. The second presentation, scheduled for September 30^th, will address Goals 2 and 3. 

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

The evaluation, provided under separate cover, is grouped according to the state and federal requirements to include:

Table 1 Progress Indicators:  The State and Local Metrics identified in the 2014-15 plan as annual measurable outcomes.  The Goal 1 metrics include:: credentialing, Common Core Implementation, Third Grade Reading, Eighth Grade Math, College and Career Readiness and Cohort Graduation Rate. 

Table 2 –Quantitative and Qualitative Data aligned to Goal 1 actions and services funded by LCFF supplemental funds:   Table 2 includes baseline data and student participation for the actions and services implemented in 2014-15 including: Response to Intervention and Instruction (RTI²), Common Core Mathematics, Super Science Saturday, High-School Intervention, Elementary Literacy Coaches, AVID and Bridge Programs. 

Where applicable, Section 2 also reviews the percentage of student participants represented in the targeted student sub-groups. 

Table 3 –Qualitative Findings and observations aligned to Goal 1 actions and services funded by LCFF supplemental funds: Table 3 provides a summary of the qualitative observations, data and findings for the aforementioned actions and services. 

Table 4 – Evaluation Findings for Goal 1:  A summary of evaluation findings by metric and action as well as recommendations that serve to inform the implementation of the 2015-16 plan. 

Evaluation Appendix:  The Appendix includes a list of LCAP and District Acronyms as well as further analysis provided for specific goals and actions aligned to our 2020 Vision student outcomes including Teachers College Reading and Writing Project (TCRWP) and Interventions, Ninth Grade Mathematics and High-School Cohort Graduation Rates. 

POLICY/CODE
NA

FISCAL IMPACT
As noted in the LCAP

STAFF RECOMMENDATION 
Receive Goal 1 Evaluation presentation and evaluation provided under separate cover.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:  Donald Evans, Ed. D., Superintendent                
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
  Dr. Sheila Quintana, Principal, Berkeley Technology Academy (BTA)
DATE:  August 26, 2015
SUBJECT:  Berkeley Technology Academy: Program Update and Progress Report  

BACKGROUND INFORMATION
Berkeley Technology Academy (BTA) serves students within BUSD and, along with the independent study program, represents one of the two primary alternative high school settings within the District.

BTA is officially classified as a continuation school with the California Department of Education and as such is tasked with supporting students who may benefit from a smaller setting, alternative and accelerated means of gaining and recovering credits toward high school graduation, and, in the specific case of BTA, access to alternative pathways for college and career readiness.

As a continuation education program, BTA, and continuation schools in general are, according to the California Department of Education, “For students who are sixteen years of age or older, have not graduated from high school, are still required to attend school, and who are at risk of not graduating” (California Dept. of Education).

Students in continuation education may be behind in credits while others may need flexible school schedules because of jobs, family obligations, or other circumstances.

Students who attend continuation high schools must spend at least 15 hours per week or three hours per day at school.

Staff will present to the Board a current progress report including the following information on BTA:

• Enrollment
• Graduation rates
• Attendance Rates
• Staffing

Additionally, staff will update the Board on:

• Enrollment processes relative to BTA
• Transfer policies from BHS to BTA
• Developing programs and pathways at the school site
• Credit recovery policies and processes (including accelerated recovery options)

POLICY/CODE
Board Policy 6184, Administrative Regulation 6184

FISCAL IMPACT
None

STAFF RECOMMENDATION
Receive report.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Donald Evans, Superintendent
FROM:   Director Karen Hemphill and Director Josh Daniels
DATE:          August 26, 2012
SUBJECT:   Review of School Naming Policy 

BACKGROUND INFORMATION
The attached Board Policy 7310 establishes a process for naming and renaming facilities and parts of facilities. Under this policy, the Board encourages community participation in the process of selecting names (although it is the Board’s sole prerogative to name or rename a facility) by permitting the creation of a citizen advisory committee to review name suggestions and submit a recommendation for the Board’s consideration.

Over the past six months, the Board received a number of emails either requesting that a school or facility be renamed or inquiring about the process of renaming a school or facility. In light of these requests, it seems appropriate to review BP 7310 to (i) determine whether the Board is still comfortable with it and (ii) determine how the process to name or rename or school or facility should begin.

POLICY/CODE
Board policy 7310

FISCAL IMPACT
None

BOARD MEMBER RECOMMENDATION
To approve review of Board Policy 7310 regarding naming of schools and facilities. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM:  Delia Ruiz, Assistant Superintendent, Human Resources
DATE: August 26, 2015
SUBJECT:  Employee Evaluation Report 

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

Classified Personnel

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

BFT Certificated Personnel

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

UBA Certificated Administrative Personnel

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

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

FISCAL IMPACT
None

STAFF RECOMMENDATION
Accept Employee Evaluation Report as information.

None

Accept Employee Evaluation Report as Information

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent
FROM: Timothy E. White, Executive Director of Facilities
DATE: August 26, 2015
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION

This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014.  Data in this report are current as of August 12, 2015. This report includes updates of all active construction projects.  Maintenance projects are detailed in the Maintenance Quarterly Reports.    

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in for the earlier open session public testimony will be given priority.  Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.