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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. will be given priority.        

Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

Board members and the Superintendent are given the opportunity to address any issue.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:      Beatriz Leyva-Cutler, Vice President
DATE:         September 9, 2015
SUBJECT:  Recognition of September 2015 as Attendance Awareness Month 

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

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

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

POLICY/CODE:
None 

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 15-013.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          September 9, 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 California School Boards Association, to provide education legal alliance membership dues for 2015-16FY. The cost will not exceed $14,853. To be paid from General Fund. Requested by Donald Evans.
2. Cooking Round the World, to provide services to the after school program for Malcolm X Elementary School for the period from 9/2/15 to 6/15/16. The cost will not exceed $10,890. To be paid from PTA donations. Requested by Aaron Jorgensen.
3. Kalen Meyer, to provide various  art mediums classes for the Jefferson After School Program for the period from 9/2/15 to 6/15/16. The cost will not exceed $10,328. To be paid from PTA Donations. Requested by Aaron Jorgensen.
4. Berkeley Chess School, to provide chess classes for the Jefferson After School Program for the period from 9/2/15 to 6/15/16. The cost will not exceed $10,560. To be paid from PTA Donations. Requested by Aaron Jorgensen.
   
5. Laurel Watanabe, to provide three-dimensional art class for the Jefferson After School Program for the period from 9/2/15 to 6/15/16. The cost will not exceed $19,440. To be paid from PTA Donations. Requested by Aaron Jorgensen.
6. Play-Well Teknologies, to provide After School enrichment programs for the Jefferson After School Program for the period from 9/2/15 to 6/15/16. The cost will not exceed $14,652. To be paid from PTA Donations. Requested by Aaron Jorgensen.
7. Henri Ducharme to provide chess classes at Malcolm X School for the period from 9/2/15 – 6/15/16. The cost will not exceed $21,760. To be paid from PTA Donations. Requested by Aaron Jorgensen.
8. Conexiones LLC, to provide Spanish cultural enrichment program at Jefferson Elementary School for the period from 9/2/15 – 6/15/16. The cost will not exceed $10,560. To be paid from PTA Donations. Requested by Aaron Jorgensen.
9. Increase in contract, PO# 160253 to Anderson Carpet, to provide flooring services as needed for the Maintenance Department, for the 2015-16 SY.  The Board approved $25,000 on 6/10/15.  The additional amount will increase the purchase order by $15,000 for a total amount of $40,000.  To be paid from Measure H.  Requested by Steve Collins
10. Playworks Education Energized, to provide structural play and physical activity at Jefferson Elementary School for the period from 9/2/15 – 6/17/16. The cost will not exceed $17,000. To be paid from BSEP Measure A  and Restricted Donations Funds. Requested by Sonya Martin.
    
11. YMCA of the Central Bay Area, to provide physical educational activities for Jefferson Elementary School for the period from 9/2/15 – 6/17/16. The cost will not exceed $22,464. To be paid from Restricted Donation Fund. Requested by Sonya Martin.
12. Child Therapy Institute of Marin, to provide counseling and mental health services for Washington Elementary School for the period from 8/31/15 – 6/17/16. The cost will not exceed $14,000. To be paid from  BSEP Measure A  and Restricted Donations Funds. Requested by Natasha Beery.
13. Ratification of payment and increase to Bay Area Community Resources purchase order #150841 for services provided to Thousand Oaks Elementary School. The Board approved $19,725 on 9/10/14.  The additional amount will increase the purchase order by $8,275 for a total amount of $28,000. To be paid from Restricted Donations Fund. Requested by Jennifer Corn.
14. Bay Area Community Resources, to provide counseling services for Jefferson Elementary School for the period from 9/1/15 – 6/30/16. The cost will not exceed $11,000. To be paid from Restricted Donations Fund. Requested by Sonya Martin.
15. Benjamin Alarcon, to provide Spanish classes at Berkeley Adult School for the period from 9/2/15 – 6/17/16. The cost will not exceed $13,500. To be paid from Adult Education Fund. Requested by Tom Reid.
16. Erma Sinclair to provide technical writing support and research for the LCAP process. The cost will not exceed $20,000. To be paid from the General Fund. Requested by Pat Saddler.
    

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         September 9, 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. Jefferson PTA donated $5,000 for behavioral health counseling, $12,500 for Playworks physical education and recess activities, $23,000 for YMCA physical education activities, $7,000 for garden program and services, $3,000 for school supplies and $3,500 for reading support materials for a total donation of $54,000 for Jefferson School.
   
2. Washington PTA donated $6,960 for the gardening program and $54,025 to partially support the physical education program for a total donation of $60,985 for Washington School.
3. Rosa Parks PTA donated $80,400 to partially support the after school program for Rosa Parks School.

BOARD POLICY:  
BP 3290 

FISCAL IMPACT:
The District received a total $195,385 in donations.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Lisa Graham, Director, Special Education
DATE: September 9, 2015
SUBJECT:   Approval of Master Contracts for Nonpublic School Services

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget. All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $993,221.30 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the increases to Master Contracts for the Nonpublic Schools listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         September 9, 2015
SUBJECT:  Approval of Public Disclosure of Collective Bargaining Agreement documents

BACKGROUND INFORMATION:
The Union of Berkeley Administrators (UBA)  bargaining unit negotiated a tentative agreement that was ratified by their members.

This tentative agreement covers a four percent (4%) salary increase effective July 1, 2015, and an increase in the District’s contribution to health benefits of  $112 per month or 1% of the Unrestricted General Fund, effective January 1, 2016.    

For the 2015-16 school year, all UBA bargaining unit wages, including salaries, stipends, daily rates and hourly rates shall be adjusted to reflect a four percent (4%) increase effective July 1, 2015.

In accordance with AB1200 (Chapter 1213/1991) and Government Code Section 3547.5, each public disclosure documents summarizing the fiscal impact of each of the collective bargaining agreements has been provided to the Board and is available for review by the public. The public disclosure documents include the fiscal impact of collective bargaining agreements on the General Fund combined (Fund 01-08) for each bargaining unit.

The Public Disclosure Documents for tentative agreement have been submitted to the Alameda County Office of Education for their review. These documents indicate that the District will maintain a positive certification at Budget Adoption for Fiscal Year 2015-16  without reliance on parcel tax dollars.  The Superintendent and Deputy Superintendent have certified that the budget revisions necessary to meet the costs of the agreement have been made, and no further budget revisions are necessary.

POLICY:
Government Code Section 3547.5

FISCAL IMPACT:
The Unrestricted General Fund Combined will have an increase in salaries and benefits of $219,738 for FY 2015-16           

Approve Public Disclosure documents for Collective Bargaining Agreement for UBA.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE: September 9, 2015
SUBJECT: Tentative Agreement with the Union of Berkeley Administrators (UBA) for Reopener Agreement

BACKGROUND INFORMATION:
The District and the Union of Berkeley Administrators (UBA) are parties to a collective bargaining agreement that contains a reopener provision. On August 20, 2015, representatives for the District and UBA reached a Tentative Agreement (TA) on provisions covered under the reopener. Staff has been informed that the UBA membership has ratified the terms of this agreement.

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

• Effective July 1, 2015, unit members employed for the 2015-2016 school year shall receive a four percent (4%) on-schedule increase to all rates and schedules;
• Effective January 1, 2016, an ongoing increase to the District’s contribution to health benefits by the equivalent of one percent (1%) increase in compensation of Unrestricted General Fund divided by the total number of bargaining unit members enrolled in the District’s health benefits.
• Changes to contract language relative to informal classroom visits (“walk-throughs”) and performance evaluations.

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

FISCAL IMPACT:
Refer to AB1200 Disclosure

STAFF RECOMMENDATION:
To Approve Tentative Agreement

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE: September 9, 2015
SUBJECT: Approval of Human Resources Report

BACKGROUND INFORMATION:

On a regular basis, staff presents Human Resources Report listing employment actions for the Board to approve officially.  Please refer to attached Certificated and Classified reports.

                                          BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent 
FROM: Timothy E. White, Executive Director of Facilities
DATE: September 9, 2015
SUBJECT: Authorization to Approve a Change Order for the Donahue Gym Modernization Project and Approval of Futility Resolution 16-005

BACKGROUND INFORMATION: 
On May 6, 2015 the Board awarded a contract to W.E. Lyons Construction Company to modernize the Donahue Gym at Berkeley High School. That project is not yet complete. The bid was awarded $1,951,800 and the project budget was increased by $211,000. Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project. Staff predicts that the project will exceed the 10% threshold.  

The primary reason for the changes are generally unforeseen conditions which include:

1. Extensive dry rot, structural damage and hazardous material removal were some of the unforeseen building conditions found in the gym that required repair. 

2. The major glu-lam beams at the roof support structure were found to have dry rot at three of their bearing points.  This required a structural evaluation and unique modification to the beams at these locations, at significant cost. When a project has more than a 10% change order total, counsel states that a futility resolution is needed. Attached to this cover memo is that futility resolution. 

The scope of these defects is extensive and will cause the project to exceed its original budget of $1,951,800 by approximately 15%-20%. 

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded through Measure I. The final change order percentage will return to the Board when the project is recommended for acceptance.  

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.     



RESOLUTION NO. 16-006

BOARD OF EDUCATION OF THE 
BERKELEY UNIFIED SCHOOL DISTRICT
AUTHORIZING CHANGE ORDER

WHEREAS, on or about May 11, 2015 the Berkeley Unified School District (“District”), after formal public bidding, entered into a contract with W.E. Lyons Construction Co. for furnishing of all labor, materials, mechanical workmanship, transportation, equipment and services necessary to modernize the Donahue Gymnasium at Berkeley High School project located at 1980 Allston Way in Berkeley, California (“Project”);  

WHEREAS, this Project was originally designed in 2014, and there have been an unusual number of added elements by the Division of State Architect (DSA), hidden conditions, and additional improvements to the building in the time period planned,  

WHEREAS, the project had a relatively high percentage of costs from hidden conditions because there were so many separate areas impacted during the construction; 

WHEREAS, there were improvement that were sensible to do as a part of this project while the areas were exposed; 

WHEREAS, the District and Contractor have held initial negotiations on the proposed additional change orders to date for the project and those changes coupled with those already agreed will likely exceed the 10% threshold;  

WHEREAS, District staff believes that the final negotiated Change Order price to perform the work will be reasonable;

WHEREAS,  District staff believes that rebidding the project while the job was underway and awarding it to an entity other than the Contractor would have created massive disruption and a potential claim with the Contractor on completing his base scope of work; 

WHEREAS, District staff believes that a new contractor performing the Work would have caused waste and delay, which would be at the expense of the District;

WHEREAS, District staff believes that bringing in new contractors to perform any of this work would have created coordination and interference problems with the Contractor;    

WHEREAS, District staff believes that if the District were to have bid any of this Work to another Contractor, the prices of those bids would be more than the price of Contractor’s Change Order because Contractor is already mobilized on the Project and Contractor’s costs to perform the project and would remain lower than other contractors’ who may bid on the Work; 

WHEREAS, Public Contract Code section 20111 states that a school district is required to competitively bid any public works project with a contract value over $15,000;

WHEREAS, Public Contract Code section 20118.4 states that a school district may, “authorize the contractor to proceed with performance of the change or alteration [to a contract] without the formality of securing bids, if the cost so agreed upon does not exceed the greater of: (a) The amount specified in Section 20111 …; or (b) Ten percent of the original contract price”;

WHEREAS, notwithstanding Public Contract Code sections 20111 or 20118.4, California courts allow a narrow exception to the public bidding law in circumstances in which it would be futile, undesirable or impractical and would cause additional delay and additional cost (Los Angeles Dredging Company v. City of Long Beach (1930) 2 Cal. 348; Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 645.);  

WHEREAS, California law provides that, “Where competitive proposals work an incongruity and are unavailing as affecting the final result or where they do not produce any advantage . . . the statute requiring competitive bidding does not apply.”  (Hiller v. City of Los Angeles (1961) 197 Cal.App.2d 685, 694.);

WHEREAS, bidding any portion of the added Work will not affect the final result to the District except to further increase the cost of the Project; and

WHEREAS, bidding the increased scope of the Work would not have produced an advantage to the District;

NOW THEREFORE, the Board of Education of the Berkeley Unified School District hereby resolves, determines, and finds the following:

1. That the foregoing recitals are true.
2. For the reasons stated above, public bidding of the increased scope of Work would not have produced an advantage to the District, and would produce a net burden and distinct disadvantages to the District.
3. Based on the foregoing, it would be incongruous, futile, and unavailing to publicly bid the increased scope of Work.
4. That the District’s Board hereby approves the already negotiated Change Orders to accept the increased cost of the Project and to resolve several outstanding disputes concerning added Work without further advertising for or inviting of bids, and authorizes the Superintendent and designees to take all steps and perform all actions necessary to execute and implement that Change Order.

PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District, City of Berkeley, County of Alameda, State of California, this 9th day of September, 2015, by the following vote:

AYES:
NOES:
ABSENT OR NOT VOTING:



ATTEST:



Clerk of the Board of Education of the 
Berkeley Unified School District

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent 
FROM: Timothy E. White, Executive Director of Facilities
DATE: September 9, 2015
SUBJECT: Authorization to Approve a Change Order for the King Gym Modernization Project and Approval of Futility Resolution 16-006

BACKGROUND INFORMATION: 
On April 8, 2015 the Board awarded a contract to FRC, Inc. to modernize the gym at King Middle School. That project is not yet complete. The bid was awarded $1,655,000 and the project budget was increased by $530,000. Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project. Staff predicts that the project will exceed the 10% threshold. Costs associated with these changes may approach approximately 15% of the original contract value. There are two primary reasons for the changes are hidden conditions and owner requested additions:

1. Hidden Conditions: As of this writing we have several ‘unforeseen conditions’. The unforeseen conditions are of great concern to Staff.  Extensive hazardous materials and lead paint were found on structural steel members and window framing, capped utility lines, roof leak repairs and extensive dry rot that all had to be remediated and repaired.  The hidden conditions account for approximately 9% of the project increase.   

2. Owner requested additional scope: The owner requested changes are all of great concern to staff.  The District added to the project the installation of a public address system at the entire site and other small additions to improve the functionality of the gym. This added approximately an additional 6% cost.  

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution. 

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded through Measure I.  The final change order percentage will return to the Board when the project is recommended for acceptance.  

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.     



RESOLUTION NO. 16-006

BOARD OF EDUCATION OF THE 
BERKELEY UNIFIED SCHOOL DISTRICT
AUTHORIZING CHANGE ORDER

WHEREAS, on or about April 14, 2015 the Berkeley Unified School District (“District”), after formal public bidding, entered into a contract with FRC, Inc. for furnishing of all labor, materials, mechanical workmanship, transportation, equipment and services necessary to modernize the Gymnasium at King Middle School project located at 1781 Rose Street in Berkeley, California (“Project”);  

WHEREAS, this Project was originally designed in 2014, and there have been an unusual number of added elements by the Division of State Architect (DSA), hidden conditions, and additional improvements to the building in the time period planned,  

WHEREAS, the project had a relatively high percentage of costs from hidden conditions because there were so many separate areas impacted during the construction; 

WHEREAS, there were improvement that were sensible to do as a part of this project while the areas were exposed; 

WHEREAS, the District and Contractor have held initial negotiations on the proposed additional change orders to date for the project and those changes coupled with those already agreed will likely exceed the 10% threshold;  

WHEREAS, District staff believes that the final negotiated Change Order price to perform the work will be reasonable;

WHEREAS,  District staff believes that rebidding the project while the job was underway and awarding it to an entity other than the Contractor would have created massive disruption and a potential claim with the Contractor on completing his base scope of work; 

WHEREAS, District staff believes that a new contractor performing the Work would have caused waste and delay, which would be at the expense of the District;

WHEREAS, District staff believes that bringing in new contractors to perform any of this work would have created coordination and interference problems with the Contractor;    

WHEREAS, District staff believes that if the District were to have bid any of this Work to another Contractor, the prices of those bids would be more than the price of Contractor’s Change Order because Contractor is already mobilized on the Project and Contractor’s costs to perform the project and would remain lower than other contractors’ who may bid on the Work; 

WHEREAS, Public Contract Code section 20111 states that a school district is required to competitively bid any public works project with a contract value over $15,000;

WHEREAS, Public Contract Code section 20118.4 states that a school district may, “authorize the contractor to proceed with performance of the change or alteration [to a contract] without the formality of securing bids, if the cost so agreed upon does not exceed the greater of: (a) The amount specified in Section 20111 …; or (b) Ten percent of the original contract price”;

WHEREAS, notwithstanding Public Contract Code sections 20111 or 20118.4, California courts allow a narrow exception to the public bidding law in circumstances in which it would be futile, undesirable or impractical and would cause additional delay and additional cost (Los Angeles Dredging Company v. City of Long Beach (1930) 2 Cal. 348; Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 645.);  

WHEREAS, California law provides that, “Where competitive proposals work an incongruity and are unavailing as affecting the final result or where they do not produce any advantage . . . the statute requiring competitive bidding does not apply.”  (Hiller v. City of Los Angeles (1961) 197 Cal.App.2d 685, 694.);

WHEREAS, bidding any portion of the added Work will not affect the final result to the District except to further increase the cost of the Project; and

WHEREAS, bidding the increased scope of the Work would not have produced an advantage to the District;

NOW THEREFORE, the Board of Education of the Berkeley Unified School District hereby resolves, determines, and finds the following:

1. That the foregoing recitals are true.
2. For the reasons stated above, public bidding of the increased scope of Work would not have produced an advantage to the District, and would produce a net burden and distinct disadvantages to the District.
3. Based on the foregoing, it would be incongruous, futile, and unavailing to publicly bid the increased scope of Work.
4. That the District’s Board hereby approves the already negotiated Change Orders to accept the increased cost of the Project and to resolve several outstanding disputes concerning added Work without further advertising for or inviting of bids, and authorizes the Superintendent and designees to take all steps and perform all actions necessary to execute and implement that Change Order.

PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District, City of Berkeley, County of Alameda, State of California, this 9th day of September, 2015, by the following vote:

AYES:
NOES:
ABSENT OR NOT VOTING:



ATTEST:



Clerk of the Board of Education of the 
Berkeley Unified School District

                                        BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent 
FROM: Timothy E. White, Executive Director of Facilities 
DATE: September 9, 2015
SUBJECT: Authorization to Approve a Change Order for the Willard Modernization Project and
Approval of Futility Resolution 

BACKGROUND INFORMATION:

On May 20, 2015, the Board awarded a contract to Strawn Construction Inc. to remodel of the existing multipurpose room including the kitchen area; remodel the Gymnasium Girls restroom; replacement of the boiler; painting the exterior; replace door hardware; new public address system; ventilation and electrical modifications; and site accessibility improvements.  The Board awarded base bid and alternate 1, the replacement of the skylight for $3,555,000.   The project budget was increased by $460,000.   The Board approved an increase in the project budget of $260,000 in July 29, 2015.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.  Staff predicts that the project will exceed the 10% threshold.  
Remodel projects historically have unforeseen conditions that can add 10% or more to the project costs.  We anticipate the total project increase to be approximately 40% of the original contract value. 

The District has experienced significantly challenging and costly existing unknown construction issues on this campus. A brief description is provided below:

1. Existing substandard construction:  During demolition for remodeling, existing substandard construction was discovered which must be corrected per current DSA codes.  This was found in concrete foundations and slabs as well as wood framing.  These require additional design and approval through DSA and additional construction. The substandard construction costs account for approximately 10% of the cost increase to the original contract value of $3,555,000.

2. Water intrusion: During demolition for remodeling, dry rot and wet conditions were uncovered.  There are multiple moisture sources, including subgrade concrete walls, leaking plaster walls and leaking roofs.  All of these need additional design and construction. The water intrusion corrections account for approximately 14% of the cost increase to the original contract value of $3,555,000.

3. Hazardous material removal:  The water intrusion caused mold behind the existing finishes.  The mold and finishes were removed under containment and new finishes will now need to be replaced throughout the Kitchen and Parents room areas.  This will require additional design and construction costs. The hazardous material removal costs account for approximately 3% of the cost increase to the original contract value of $3,555,000.

4. Site ADA issues:  Under new DSA regulations issued in April 2015, we are required to verify, and correct if necessary, all accessible paths of travel throughout the school site.  We have found that there are areas that do not meet current code.  These need corrections for acceptance from DSA. The site accessibility issues account for approximately 3% of the cost increase to the original contract value of $3,555,000.

5. Fire Alarm:  It has been determined that the existing Fire Alarm panel is malfunctioning and inadequate for the added devices in this contract.  It is an outdated panel and needs to be replaced. Corrections to the fire alarm account for approximately 4% of the cost increase to the original contract value of $3,555,000.

6. Time Impact:  All of the items above were unforeseen at the start of the project and are therefore a compensable time extension will need to be issued to the contractor. The delay costs account for approximately 6% of the cost increase to the original contract value of $3,555,000.

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution. 

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded through Measure I.  The final change order percentage will return to the Board when the project is recommended for acceptance.  

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.     



RESOLUTION NO. 16-008

BOARD OF EDUCATION OF THE 
BERKELEY UNIFIED SCHOOL DISTRICT
AUTHORIZING CHANGE ORDER

WHEREAS, on or about June 12, 2015  the Berkeley Unified School District (“District”), after formal public bidding, entered into a contract with Strawn Construction Inc. for furnishing of all labor, materials, mechanical workmanship, transportation, equipment and services necessary to renovate the Willard Modernization Project located at  2425 Stuart St. in Berkeley, California (“Project”);  

WHEREAS, this Project was originally designed in 2014, and there have been an unusual number of added elements by the Division of State Architect (DSA), hidden conditions, and additional improvements to the building in the time period planned; 

WHEREAS, the project had a relatively high percentage of costs from hidden conditions because there were so many separate areas impacted during the construction; 

WHEREAS, there were improvement that were sensible to do as a part of this project while the areas were exposed; 

WHEREAS, the District and Contractor have held initial negotiations on the proposed additional change orders to date for the project and those changes will likely exceed the 10% threshold;  

WHEREAS, District staff believes that the final negotiated Change Order price to perform the work will be reasonable;

WHEREAS,  District staff believes that rebidding the project while the job was underway and awarding it to an entity other than the Contractor would have created massive disruption and a potential claim with the Contractor on completing his base scope of work; 

WHEREAS, District staff believes that a new contractor performing the Work would have caused waste and delay, which would be at the expense of the District;

WHEREAS, District staff believes that bringing in new contractors to perform any of this work would have created coordination and interference problems with the Contractor;    

WHEREAS, District staff believes that if the District were to have bid any of this Work to another Contractor, the prices of those bids would be more than the price of Contractor’s Change Order because Contractor is already mobilized on the Project and Contractor’s costs to perform the project and would remain lower than other contractors’ who may bid on the Work; 

WHEREAS, Public Contract Code section 20111 states that a school district is required to competitively bid any public works project with a contract value over $15,000;

WHEREAS, Public Contract Code section 20118.4 states that a school district may, “authorize the contractor to proceed with performance of the change or alteration [to a contract] without the formality of securing bids, if the cost so agreed upon does not exceed the greater of: (a) The amount specified in Section 20111 …; or (b) Ten percent of the original contract price”;

WHEREAS, notwithstanding Public Contract Code sections 20111 or 20118.4, California courts allow a narrow exception to the public bidding law in circumstances in which it would be futile, undesirable or impractical and would cause additional delay and additional cost (Los Angeles Dredging Company v. City of Long Beach (1930) 2 Cal. 348; Graydon v. Pasadena Redevelopment Agency (1980) 104 Cal.App.3d 631, 645.);  

WHEREAS, California law provides that, “Where competitive proposals work an incongruity and are unavailing as affecting the final result or where they do not produce any advantage . . . the statute requiring competitive bidding does not apply.”  (Hiller v. City of Los Angeles (1961) 197 Cal.App.2d 685, 694.);

WHEREAS, bidding any portion of the added Work will not affect the final result to the District except to further increase the cost of the Project; and

WHEREAS, bidding the increased scope of the Work would not have produced an advantage to the District;

NOW THEREFORE, the Board of Education of the Berkeley Unified School District hereby resolves, determines, and finds the following:

1. That the foregoing recitals are true.
2. For the reasons stated above, public bidding of the increased scope of Work would not have produced an advantage to the District, and would produce a net burden and distinct disadvantages to the District.
3. Based on the foregoing, it would be incongruous, futile, and unavailing to publicly bid the increased scope of Work.
4. That the District’s Board hereby approves the already negotiated Change Orders to accept the increased cost of the Project and to resolve several outstanding disputes concerning added Work without further advertising for or inviting of bids, and authorizes the Superintendent and designees to take all steps and perform all actions necessary to execute and implement that Change Order.

PASSED AND ADOPTED by the Board of Education of the Berkeley Unified School District, City of Berkeley, County of Alameda, State of California, this 29th day of July, 2015, by the following vote:

AYES:
NOES:
ABSENT OR NOT VOTING:



ATTEST:



Clerk of the Board of Education of the 
Berkeley Unified School District

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         September 9, 2015
SUBJECT:   Overnight Field Trip Requests

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

Maritime National Historical Park/SS Balclutha, San Francisco, CA September 23-24, 2015.

Approve participation of twenty seven (27) fifth grade students, one (1) teacher, and six (6) other adults on a two-day, one night field trip to San Francisco Maritime Historical Park located at the Hyde Street Pier.  The group will depart Cragmont Elementary at 10:00 a.m. on Wednesday, September 23, and will return at 10:00 am on Thursday, September 24, 2015. This field trip supports the Age of Exploration Social Studies curriculum for 5^th Grade. Students will also build social skills and self-reliance. Students sleep in gender specific areas on the ship Balclutha. District buses provide transportation. The cost per student is $100.00 and will be paid for by donations, scholarships and fundraising. No student is denied access based on ability to pay. Requested by Hazelle Fortich, Cragmont Principal.

Maritime National Historical Park/SS Balclutha, San Francisco, CA September 25-26, 2015.

Approve participation of twenty seven (27) fifth grade students, one (1) teacher, and five (5) other adults on a two-day, one night field trip to San Francisco Maritime Historical Park located at the Hyde Street Pier. The group will depart Cragmont Elementary at 10:00 a.m. on Friday, September 25, and will return at 10:00 am on Thursday, September 26, 2015. This field trip supports the Age of Exploration Social Studies curriculum for 5^th Grade. Students will also build social skills and self-reliance. Students sleep in gender specific areas on the ship Balclutha. District buses provide transportation. The cost per student is $100.00 and will be paid for by donations, scholarships and fundraising. No student is denied access based on ability to pay. Requested by Hazelle Fortich, Cragmont 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:         September 9, 2015
SUBJECT:  Out-of-State Travel Requests

BACKGROUND INFORMATION:
The following out-of-state travel requests are being requested:

International Baccalaureate Workshop, Atlanta, GA, November 4-7, 2015

Approve for Berkeley International High School’s request for I.B. teachers Nick Pleskac, Karen Zapata, Chris Young and Amanda Moreno, to travel to Atlanta, GA. to receive specific IB training at Atlanta International School. The four-day, three-night conference training is necessary to provide a comprehensive and complete program for students in the BIHS program. Not all subjects are offered in California, and this necessitates out of state travel for the professional training. Registration, transportation, lodging and meals for this training will be paid from Title II, Teacher Quality Funds. Requested by: Sam Pasarow, BHS Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel.

BERKELEY UNIFIED SCHOOL DISTRICT

OFFICIAL MINUTES
Wednesday, May 20, 2015
___________________________________________________________

President Judy Appel called the meeting to order at 7:35 p.m. She announced that the Board of Education convened to closed session at 5:35 p.m.

Roll Call 7:37 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:

Motion to approve staff recommendation:

Daniels/Hemphill and unanimously approved 5-0

Collective Bargaining – Conference with Labor Negotiator: Legal Counsel Roy Combs
BFT, UBA and Local 21 Negotiations - No Action

Conference with Legal Counsel – Anticipated Litigation
PERB Case No. SF-CE-3027-E: Brian Crowell vs. Berkeley Unified School District (pending) - No Action

Public Employee Discipline/Dismissal/Release/Evaluation
Separation Agreement for Certificated Employee -  No Action

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
Name of Case: OCR Complaint – 09-15-1095 - No Action

OPEN SESSION
The open session meeting was called to order at 7:35pm.

APPROVAL OF REGULAR AGENDA

Director Daniels requested that Discussion Item 1, Draft of Local Control and Accountability Plan, precede Action Item 2, Approval of Facilities Master Planning and Community Outreach Process; Consideration to Move Forward with the RFP Process. Director Hemphill pulled Consent Calendar Item 7, Approval of Job Description for Title IX Coordinator, to Action. President Appel moved Board comments to the end of the agenda. 

Motion to approve regular agenda as amended by Director Daniels, Director Hemphill and President Appel:

Daniels/Leyva Cutler and unanimously approved 5-0

PUBLIC TESTIMONY

A total of 16 people addressed the Board:

A student shared her experience in seeking student support.

A student talked about Black Lives Matter.

A student representative of BHS Stop Harassing talked about the sexual harassment policy.

Two community members, representing Save Our Shattuck Cinemas, addressed the development at 2211 Harold Way.

A BAS teacher asked the Board to consider BAS student needs as they plan the move of the school.

A parent addressed the Board and expressed her displeasure in seeking educational support for her child and with filing a complaint with OCR.

A BAS student and a teacher addressed the move of BAS.

A teacher representative of the Berkeley Alliance for Gender Inclusive Schools group said that children should feel safe and accepted.

A teacher expressed frustration to the Board.

A supervising attorney from the East Bay Community Law Center addressed the Board about a restorative justice proposal.

A parent brought up the access of students to OCR investigation around sexual harassment.

Three teachers talked about the misuse of the term “full inclusion”. They referred to twice exceptional students who are often overlooked and who have a unique and special talent, yet experience a disability that makes learning difficult.

UNION COMMENTS

Joyce Berrison, Berkeley Federation of Teachers (BFT), Representative  
She presented the Board with a petition signed by 900 staff and students asking that Berkeley Adult School be removed as an option to solve the current enrollment problem. She suggested that the West campus would be a much better suited space for an additional elementary school. She submitted to the Board that BAS, unless moved in its entirety with all of its departments, students and staff, should be removed as an option to solve the enrollment problem and other options should be more strongly considered.

COMMITTEE REPORTS 

Mimi Pulich, Parent Advisory Committee (PAC), Representative
She said that the way information has been given to the PAC does not allow them enough time for discussion. She requested that BUSD submit summarized information in a consistent format and updated with references to LCAP documents and presentation materials shared in meetings. She added that PAC wants more input from teachers and recommended that there be an LCAP office to address communication disconnects and facilitate data gathering and program evaluation.

BOARD MEMBERS AND SUPERINTENDENT COMMENTS
President Appel directed Board members to only announce their office hours at this time and save their comments for the end.

Director Josh Daniels
Office Hours: Saturday, June 6 at Take 5 Café from 2pm to 4pm.

Director Ty Alper
Office Hours: Last Sunday of the month from 3pm to 5pm at Casa Latina. 

Director Karen Hemphill
Office Hours: Saturday, May 30 at 10am at Café Leila.

Vice President Leyva-Cutler 
No office hours

President Appel
No office hours

Student Director Jesse Barber
No comment.

Superintendent Evans reported that BUSD is fully cooperating with OCR. He said they are committed to making Berkeley schools as safe and welcoming as possible for all students.

APPROVE CONSENT CALENDAR
Motion to Approve Consent Calendar as amended:

Daniels/Barber and approved unanimously 5-0

Action Item 

1. Public Hearing for Approval of Resolution for Grades K-12 Textbooks and Instructional Materials Compliance for Fiscal Year 2014-15

President Appel opened public hearing at 9:07pm. Hearing no comment, the Board proceeded to action.

Motion for Approval of Resolution for Grades K-12 Textbooks and Instructional Materials Compliance for Fiscal Year 2014-15:

Daniels/Alper and unanimously approved 5-0

2. Approval of Job Description for Compliance Officer and Title IX Coordinator

Director Hemphill, who moved to have this item pulled from Consent Calendar, expressed concern relative to the description which she feels does not capture all issues affecting school climate as a whole. She added that program components involving compliance and programming should be more clearly separated and individually defined.

Motion to approve the Job Description for the Compliance Officer and Title IX Coordinator with the understanding that Director Hemphill will work directly with staff to revise it so that it clearly reflects broader climate goals: 

Appel/Hemphill and unanimously approved 5-0

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

Superintendent Evans introduced this item by saying that it would be a modified version reflective of the Board’s previous recommendations.

Director White elaborated by saying that this modified master plan was more focused on the current needs and would allow for a more comprehensive approach at a later time. Ultimately, he said, this master plan proposes to generate educational specifications for elementary schools, middle schools, high schools, the adult school and child development centers. Questions and discussion followed.

Director Daniels recommended that this item be revisited on June 10^th with Director White’s proposal included in writing.

Motion to bring this item back with a write-up on Consent for the June 10th Board Meeting:

Daniels/Leyva Cutler and unanimously approved 5-0

Director Daniels moved to extend Open Session to 12:30 a.m.

Motion to extend Open Session to 12:30 a.m.:

Daniels/Appel and unanimously approved 5-0

4. 2211 Harold Way Development in Berkeley High School Zone

Superintendent Evans introduced this item by reporting that the zoning adjustment board agreed to delay action pending new plans from the developers. He added that the District will be weighing in on the Environmental Impact Report to address issues associated with air quality, increased traffic patterns, and proximity to the high school.

Director White informed the Board that this project involves the construction of a 1.6 acre property for both residential and commercial use. Given the written concerns submitted by the BHS safety committee, he recommended that the Board write a letter to the city addressing concerns relative to this development. Questions and discussion followed.

Director Daniels moved to nominate President Appel and Director Hemphill to work with staff to draft a letter.

Motion to nominate President Appel and Director Hemphill to work with staff to draft a letter:

Daniels/Appel and unanimously approved 5-0

Discussion Item

1. Draft of Local Control and Accountability Plan (LCAP)Superintendent Evans introduced this item by saying that tonight’s plan incorporates the existing three year plan with the new state metrics.

Director Saddler and Director Riddle reported that they are still in the drafting phase and said that major LCAP expenditures had been categorized by the following goals:

• High quality instruction with appropriate interventions
• Ensure that all systems are culturally and linguistically responsive.
• Ensure safe and welcoming schools

  They also shared the following recommendations to employ projected carryover: 

• .6 TSA for recruitment and retention of teachers of color
• Super Science Saturday
• Restorative Practices (66k for k-5),

  They reported that feedback period for stakeholder has been extended to 6/1/15.  Questions and discussion followed: 

2. First Reading – Board Policy 5111 and Administrative Regulations 5111.1 – Enrollment

Superintendent Evans introduced this item by saying that this was a first reading following the most recent enrollment projections.

Francisco Martinez, Admissions Manager, explained the procedures in place to enroll families who need to provide proof of residency and formal identification. He added that families will also need to provide the same documentation as they transition from elementary to middle school and from middle school to high school. Questions and discussion followed.

The Board inquired about ensuring equitable verification does not disproportionately fall on African American, Latino and low income families. Additionally, they said that this policy should also consider other special circumstances including the use of a Berkeley business address or Berkeley property address, families that are doubled up in a Berkeley household, and requested changes to the policy regarding children of divorced parents without proper custody provisions.

In addition to compiling data, the Board agreed to more closely look at the policy to ensure equity in BUSD’s enrollment process.

3. First Reading – Administrative Regulation 1312.3 – Uniform Complaint Procedure

The Board agreed that the Board Policy Subcommittee would look at whether or not ADR could be used in a case of assault and battery. Director Daniels added that while minor grammatical changes may be applied, the policy would essentially capture this discussion. 

4. Information on the Governor’s Budget May Revise

Deputy Superintendent Cleveland gave update on the Governor’s budget, reporting that there is an increase in funding for BUSD in 2015-16. She added that gains for K-14 primarily came from the passing of Proposition 98 for a total of $6.1 billion funding to schools.

EXTENDED PUBLIC COMMENT

Two people addressed the Board:

A community member addressed the 2211 Harold Way development project 

A community member addressed the Board about the importance of investing in a high caliber person to oversee implementation of restorative practices as recommended in the teachers’ proposal.

President Appel adjourned meeting at 12:34 a.m. 

BERKELEY UNIFIED SCHOOL DISTRICT

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 5:32 p.m.

Roll Call 7:42 p.m.       
Board of Education:
Judy Appel, President - Present
Beatriz Leyva-Cutler, Vice President - Present
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director – Excused Tardy (9:03)
Ty Alper, Director - Present
Jesse Barber, Student Director, BHS - Present
Carlos Ku-Ceja, Student Director, BTA – Late (8:02)

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: Lead Negotiator: Legal Counsel Roy Combs
BFT, UBA and Local 21 Negotiations – No Action

Conference with Legal Counsel – Anticipated Litigation PERB Case
PERB Case No. SF-CE-3027-E: Brian Crowell vs. Berkeley Unified School District (pending) – No Action

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
Names of Case: OCR Complaint – 09-15-1095 – No Action

Public Employment/Appointment
Principal, Washington Elementary

Motion to approve the assignment of Katia Hazen as Washington Elementary Principal:

Daniels/Appel and unanimously approved 4-0
Judy Appel, President - Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Not present during this vote
Josh Daniels, Director – Yes
Ty Alper, Director - Yes

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

APPROVAL OF REGULAR AGENDA

Motion to approve regular agenda with item 11, Approval of Facilities Master Plan, moved from Consent Calendar to Action at a later time:

Barber/Leyva Cutler and unanimously approved 4-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – Excused Tardy
Ty Alper, Director – Yes
Jesse Barber, Student Director, BHS - Yes

PUBLIC TESTIMONY

A parent addressed the development plans for the city of Berkeley and questioned whether the Board had considered how this project would impact enrollment.

UNION COMMENTS

Cathy Campbell, President, Berkeley Federation of Teachers (BFT)
She thanked the Board, the Superintendent and District staff for their work on the tentative agreement. She thanked everyone for the high level of discussion and robust process demonstrative of the investment of the Board. She acknowledged Roy Combs for his service, and thanked Deputy Superintendent Cleveland for her integrity and forthrightness. She went on to commend the Board for placing a focus on BSEP tonight. She noted the importance of BSEP in light of Proposition 16 and the No Child Left Behind Act.

BOARD MEMBERS AND SUPERINTENDENT COMMENTS

Director Ty Alper reported that he had a chance to visit LeConte and said he was impressed and inspired by the progress that is taking place as it has transitioned to a dual immersion school.

Director Karen Hemphill reported that she attended the Bridge Program and African American graduation ceremonies.

Vice President Leyva-Cutler announced that her office hours would be on June 11 at Casa Latina from 6pm to 7pm. She reported that she, Director Alper, and President Appel attended the retirement celebration.

Student Director Jesse Barber said he was excited that the school year was coming to an end and announced that next year’s School Board student representative will be Angelo Arroyo.

Carlos Ku-Ceja 
In light of the negative scrutiny on BTA, he mentioned that there was a need for a focus on the positive things happening there.  

President Appel thanked Director Ku-Ceja for his comment and expressed support for a highlight of BTA’s successes. She added that she enjoyed the retirement event as it was a good reminder of how hard working BUSD staff is. She wished all of the students good luck as they prepare for their finals and SATs.

Superintendent Evans thanked Director Ku-Ceja and President Appel for their comments on BTA. He acknowledged BTA’s needs and said they are committed to continue providing support to BTA. He reported that BHS and BTA held two hour long workshops about Violence Prevention, sexual harassment and how to build healthy relationships.He said evaluative data would follow this summer. He announced that the Biannual went out this week and encouraged everyone to check it out as it features the Bridge Program, provides update on enrollment, and gives information on the general fund.

APPROVE CONSENT CALENDAR

Motion to Approve Consent Calendar:

Hemphill/Barber and approved unanimously 4-0

Discussion Item

1. BSEP Measure Planning Update

Superintendent Evans introduced this item by saying that this update would primarily focus on the process and timeline for BSEP planning.

Director Natasha Beery presented some of the tools that will be used for community engagement. She guided the audience through a series of BSEP related questions with an interactive tool that gave participants the option of texting or going online to submit their answers. She went on to display BSEP measures from 1986 to 2006, budget allocations, and planning timeline. She also pointed out some of the existing issues relative to the current measure status and preliminary planning. She reported that there has been some community engagement around values. In moving forward, she said there is ongoing collaboration with the Director of Student Services to create outlines including the history and evolution of each of the BSEP purposes, as well as the possibility to explore other funding sources. She announced that the next reports to the Board will take place on September 30, November 4 and November 18. Questions and discussion followed.

2. Overview of Berkeley High School WASC Report on Proposed Response

Presenters: Interim Pincipal Kristen Glenchur, Vice Principal Erin Schweng, Vice Principal Jorge Melgoza, Vice Principal Ashley Milton, Vice Principal Daniel Roose, Program Manager Diane Colborn, Dean Of Attendance Janelle Bugarini, Teacher on Special Assignment Dave Stevens, and Intervention Team Member Jasdeep Malhi

Interim Principal Kristen Glenchur presented the findings of the recent WASC review and proposed action; BHS was granted a three year accreditation with a possibility of a three year extension to be determined by a revisiting committee. Following the revisit in the spring, BHS was granted a three year accreditation extension with a required progress report and a one day follow up in spring of 2016.

Their presentation highlighted areas of improvement, including increased attendance, reduced suspensions, increased graduation rates and increased college going rates. It went on to display WASC findings which identified strengths and areas of improvement. The presentation also covered the methods by which areas of improvement will be addressed. Questions and discussion followed.

BHS staff addressed the segregated and inequitable student placement that results from the current lottery system. They brought forth the universal 9^th grade proposal that would allow incoming BHS students to be educated on their small school community options, and to ultimately make an informed decision as to which small school to attend.

The Board asked staff to bring a recommendation for further discussion in September and a final recommendation for action in December.

EXTENDED BOARD COMMENTS

Director Daniels announced that the City Council unanimously approved to fund BUSD $250,000 of the Soda Tax.

EXTENDED PUBLIC COMMENT
No one came forth

President Appel adjourned meeting at 12:34 a.m.

BERKELEY UNIFIED SCHOOL DISTRICT

 OFFICIAL MINUTES
Wednesday, June 24, 2015
____________________________________________________________

President Appel called the meeting to order at 7:48 p.m. President Appel announced that the Board of Education convened to closed session at 5:45 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

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: Lead Negotiator: Legal Counsel Roy Combs
UBA, BCCE and Local 21 Negotiations - No Action

Conference with Legal Counsel – Anticipated Litigation
PEB Case No. SF-CE-3027-E: Brian Crowell v. Berkeley Unified - No Action

Public Employment /Dismissal/Release/Evaluation
Separation Agreement for Certificated Employee – No Action

Public Employment/Appointment
BHS Vice Principal
The Board approved the Superintendent to make appointment during the summer.

Program Supervisor – Extended Learning

Motion to approve the assignment of Aaron Jorgensen as the new program supervisor for the Extended Learning Program:
Hemphill/Leyva Cutler and unanimously approved 5-0

Liability Claims
Property Claim No. PER1400876

Motion to accept Staff recommendation on this matter:

Alper/Leyva-Cutler and unanimously approved 3-0
Judy Appel, President - Yes
Beatriz Leyva-Cutler, Vice President - Yes
Karen Hemphill, Director/Clerk – Not yet present during this vote
Josh Daniels, Director - Not yet present during this vote
Ty Alper, Director - Yes

Property Claim # IN2053

Motion to accept Staff recommendation on this matter:

Appel/Alper and approved unanimously 5-0

Workers Compensation Claim NO. 130900066

Motion to accept Staff recommendation on this matter:

Appel/Hemphill and unanimously approved 5-0

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

APPROVAL OF REGULAR AGENDA

Director Alper asked that items 6, Approval of Schematic Design of the Portables Addition Project at John Muir, Thousand Oaks and LeConte Elementary School, Budget Update, Approval of Additional Services from Consultants; and 19, Approval and Adoption of Board Policy P 0460 and Exhibit 0460-LCAP be pulled from Consent and moved to Action. Director Daniels moved Discussion item 1, Board Bylaws 0100, 9000, 9005 and 9010—First Reading, to information.

Motion to approve agenda with Discussion Items preceding Action items, and as amended by Director Daniels and Director Alper:

Daniels/Alper and unanimously approved 5-0

PUBLIC TESTIMONY

A total of nine people addressed the Board:

A teacher spoke in support of a full time CTE Program director to manage and oversee the work at BHS, BTA and BAS.

Four parents and a former BHS student came before the Board to thank them for their hard work throughout the year. The parents asked the Board to organize a meeting to address some of the issues surrounding BHS student athletes and their coach.

A gardening instructor addressed the Board in support of continuing the Gardening Program with an increased FTE for consultation.

A parent addressed the Board in regards to alternatives to portables.

UNION COMMENTS

Cathy Campbell, President, Berkeley Federation of Teachers (BFT)
She congratulated the Board on a great year. She thanked the Board for their funding decisions--their substantial investment in restorative justice programs, for their work around the negotiation investment, for separating BTSA position from Professional Development position, for their support of the CDC program, and their investment in attracting more teachers of color.

BOARD MEMBERS AND SUPERINTENDENT COMMENTS

Director Karen Hemphill announced that she had appointed Bahava Javaheri to the Peace and Justice Commission. She went on to express support for the gardening program and for the African American studies class. She noted that BUSD is the only district in the state with a CTE program. She also addressed the Administrative Regulation for Admissions and Enrollment, noting a variety of possible scenarios that would not allow families to provide some of the documentation required by Admissions.

Vice President Leyva-Cutler announced that her Peace and Justice appointee will not be able to continue; she is in the process of deciding between leaving this seat vacant or proceeding to appoint someone else.

Director Josh Daniels addressed the Board on behalf of the Chair of the District Language Advisory Committee (DLAC) who could not be present so speak tonight, announcing that DLAC would like to forego its role as a separate ELAC committee. Director Daniels made reference to the email DLAC sent to the Board, saying that that the work that the Board was assigning to DLAC was too much.  Instead they would like to have some required membership within the existing PAC as parents and guardians of English learners. Director Daniels went on to report that there was $150,000 and $175,000 collected from the Soda Tax Measure in March and April, respectively.

Director Ty Alper no comment

President Appel said she was proud of all of the work of the Board and thanked the leadership, saying it had been an honor working with Superintendent Evans and his team.

Superintendent Evans congratulated the 700 students who walked the stage. He thanked all of the bargaining units for their work. He noted that while strides have been made in different areas, there is still much work to be done. He thanked all of the committee chairs for the number of hours they put into representing their schools. He concluded by wishing everyone a great summer.

APPROVE CONSENT CALENDAR

Motion to Approve Consent Calendar with Items 6 and 19 pulled:

Hemphill/Daniels and approved unanimously 5-0

Action Item

1. Approval of Local Control Accountability Plan (LCAP) 2015-16

   Directors Pat Saddler and Debbie d'Angelo presented the LCAP plan with timeline, actions and allocations. Questions and discussion followed.

   Motion to approve the LCAP for 2015-16:

   Daniels/Appel and unanimously approved 5-0

2. Approval of Estimated Actuals for 2014-15 and the 2015-16 Adopted Budget

   Director of Fiscal Services, Pauline Follansbee announced the Governor’s budget approval. She went on to present changes since the preliminary budget, multi-year projections and other considerations. Questions and discussion followed.

    Motion to Approve the Estimated Actuals for 2014-15 and the 2015-16 Adopted Budget:

   Daniels/Hemphill and unanimously approved 5-0

3. Approval of Tentative Agreement with the Berkeley Federations of Teachers (BFT) for a Successor Agreement for 2015-17

   Motion to Approve the Tentative Agreement with the Berkeley Federation of Teachers (BFT) for a Successor Agreement for 2015-17:

   Leyva-Cutler/Alper and unanimously approved 5-0

4. Approval of Public Disclosure of Collective Bargaining Agreement Documents (AB 1200)

   Motion to Approve the Public Disclosure of Collective Bargaining Agreement Documents (AB 1200):

   Alper/Hemphill and unanimously approved 5-0

5. Approval of Schematic Design of the Portables Addition Project at John Muir, Thousand Oaks ad LeConte Elementary School, Budget Update, Approval of Additional Services from Consultants

   Tim White, Director of Facilities, presented options and alternatives to portables. Questions and discussion followed.
   

   Motion to approve the Schematic Design of the Portables Addition Project at John Muir, Thousand Oaks and LeConte Elementary School, Budget Update, Approval of Additional Service from Consultants, with the condition that the addition of modular structures is also explored:

   Appel/Daniels and approved 3-2
   Judy Appel, President - Yes
   Beatriz Leyva-Cutler, Vice President - No
   Karen Hemphill, Director/Clerk – Yes
   Josh Daniels, Director - Yes
   Ty Alper, Director - No

6. Approval and Adoption of Board Policy P 0460 and Exhibit 0460-LCAP

Director Alper prefaced this item by directing everyone to the LCAP (pg. 152). The Board discussed the language in the LCAP.

Motion to approve and adopt Board Policy P 0460 and Exhibit 0460-LCAP:

Appel/Alper and unanimously approved 5-0

EXTENDED PUBLIC COMMENT
No one came forth.

President Appel adjourned meeting at 10:35 p.m.

BERKELEY PUBLIC SCHOOLS

Board of Education
Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-8764

Official Minutes
Wednesday, August 26, 2015

President Appel Called the meeting to order at 7:42 p.m. She announced that the Board of Education convened to Closed Session at  6:00 p.m.

Roll Call 7:47 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 

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  

Conference with Legal Counsel - Pending Litigation (Government Code Section 54956.9):
PERB Case NO. SF-CE-3027-E: Brian Crowell v. Berkeley Unified School District – No action

OAH Case No. 2015050898: Berkeley Unified v. Anthony Smith – No action

Collective Bargaining: Lead Negotiator: Legal Counsel Roy Combs
UBA, BCCE and Local 21 Negotiations (Government Code Section 54957.6(a)) – No Action

Public Employee Discipline/Dismissal/Release/Evaluation:
Separation Agreement for Certificated Employee -- No Action  

Workers Comp Claim
Approval of Settlement Authority, Intercare Claim #121100171

Motion for the Approval of Settlement Authority, Intercare Claim #121100171
Daniels/Alper and approved unanimously 5-0

PROPERTY & LIABILITY PROGRAM  
Settlement Authority Request- Claim #PER1400876  

Motion for approval of Settlement Authority Request Claim #PER1400876:  
Daniels/Hemphill and unanimously approved 5-0 

OPEN SESSION

APPROVAL OF REGULAR AGENDA

Motion to Approve Regular Agenda:
Leyva-Cutler/Alper and unanimously approved 5-0

PUBLIC COMMENT
Kinchasa Taylor addressed the Board about the Admissions Office's enrollment process.

UNION COMMENTS  
Berkeley Council of Classified Employees (BCCE) 
Paula Phillips, President
Denise Diggs-Ray, Member

Ms. Phillips asked the Board to give classified staff a 4% raise as contractually prescribed by the Me-Too clause.

Ms. Diggs-Ray also advocated for a raise for BCCE members. She noted that classified staff contribute greatly and significantly to BUSD as a whole. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS  
 
Director Josh Daniels:

Thanked all who were in attendance and encouraged everyone to stay for the forthcoming discussions. He noted that Agenda Online is a product of California School Boards Association (CSBA), by whom he is employed, and clarified that he was not involved in the decision making process to select or contract with Agenda Online in BUSD and neither will he participate in any discussion of its performance or renewal. He went on to address Consent Item 11.24, Modification of Board Policy 6146.1 and Issuance of Diplomas to Class of 2015 Graduates Who Met All Graduation Requirements Other Than CAHSEE, and reported that the Governor has signed a bill to remove the CHASEE as a high school graduation requirement. The Board item is now confirming district practice to state law. He also reported that the Local Control and Accountability Plan (LCAP) will be discussed tonight, and announced that BUSD will present its LCAP at the statewide CSBA conference this year. He said he will be announcing his office hours at the next Board Meeting.

Director Ty Alper:
Office Hours: Last Sunday of the month at Casa Latina from 3pm-5pm.

Director Karen Hemphill:
Announced that she will be out of for the better part of September and has modified her office hours accordingly: August 22, October 3, October 31, and on the last Saturday of the month thereafter at Cafe Leila at 10:30 a.m.

Vice President Beatriz Leyva-Cutler:
Reminded staff about their agreement to be more concise in their presentations.She encouraged Board members, herself included, to be mindful of time as they ask questions or make comments. She asked that we all be held accountable for this consideration. Office hours: Second Thursday of each month at Casa Latina from 4:00 p.m. to 6:00 p.m.

President Judy Appel:
In regards to the Classification and Compensation study,she reported that there will not be any cuts in salaries. She added that the Board is looking forward for a raise to go into effect to show how valued and appreciated classified staff is.

Superintendent Evans:
Reported out on the management retreat. He said that BUSD is working to finalize negotiation contract with BCCE that will include a raise for classified staff. He concluded by welcoming everyone back and said he was excited for the new school year. 

APPROVAL OF CONSENT CALENDAR    

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

ACTION ITEMS  

Approval of Process for Berkeley City Council's Request for Use of BUSD Board Room  

Director White explained that after early discussions between BUSD and City Council about partnering to construct a shared meeting space, there was a community meeting where community members expressed concern relative to the noise and traffic flow. The City eventually directed its staff to consider three other meeting locations. Consequently, the partnership between the City and BUSD did not occur. As the City has requested the Board Room for a three month meeting pilot, Director White explained that there are costs associated with the use of the Board room and its equipment. Questions and discussion followed. 

Motion to approve moving forward with a community hearing to receive public input relative to the City Council's request for use of BUSD's meeting chambers:

Appel/Leyva-Cutler and approved 4-1
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Clerk/Director – Yes
Josh Daniels, Director – No
Ty Alper, Director -- Yes

DISCUSSION ITEMS  

Local Control and Accountability Plan (LCAP), Goal 1 Evaluation  
Superintendent Evans said he was excited for the statewide recognition given to BUSD’s LCAP as one of the best in the state. He also thanked all of the classified staff that contributed to the quality of BUSD's LCAP.

Presenters: Debbi d'Angelo, Director of Berkeley Research and Evaluation
Pat Saddler, Director of Programs and Special Projects

Their presentation was on overview of supplemental funded actions. They displayed goals and actions 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. The adopted plan in full can be found at: http://www.berkeleyschools.net/local-control/lcap/

Questions and discussion followed.

Berkeley Technology Academy: Program Update and Progress Report  

 Presenter: Dr. Sheila Quintana, Berkeley Technology Academy (BTA) Principal

Dr. Quintana shared that there has been great improvement at BTA. One of the main contributions to the progress is planning and added that giving students better options that will enable them to make better decisions. Her presentation displayed how a BTA senior becomes a high school graduate based on the required 220 credits. Thanks to the 4 X 4 Block, a WASC approved plan, incoming BTA students are able to recover credits rapidly. BTA students also have the option to earn elective credits through internships, mentoring, youth court, restorative justice, senior projects and cyber high. All of these options are determined through an Individualized Progress Plan. Questions and discussion followed.  

Review of School Naming Policy  
Director Daniels stated that for the past six months BUSD has received requests regarding changing facility names. Thus, the intent of the item is to revisit the existing policy. Director Hemphill stated that while the current policy makes it clear that it is the Board's prerogative to change the name of any facility, it does not clearly lay out the process by which this happens. The Board agreed to refer this to the policy committee to determine the process component.  

EXTENDED PUBLIC COMMENT  
Kelly Hammargren addressed the Board on the 2211 Harold Way development project.  

ADJOURNMENT  
President Appel adjourned the meeting at 10:38 PM. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:           September 9, 2015
SUBJECT:  Adoption of New Textbooks for African American History

BACKGROUND INFORMATIONThe following textbooks were presented to the Board on August 26, 2015 for consideration and they are now being recommended for adoption:

1. 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 as an example for others.

2. 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.

3. 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. 

4. 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.

5. 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.

6. 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." 

7. 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.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$1189.00

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:         Javetta Cleveland, Deputy Superintendent
DATE:          September 9, 2015 
SUBJECT:   2014-15 Unaudited Actuals

BACKGROUND INFORMATION:
The 2014-15 Unaudited Actuals is a term that refers to the “closed” financial books of the District prior to the independent audit of the financial records. Closing the books means that all known expenditures and revenues for the Fiscal Year 2014-15 have been posted to the financial ledgers of the District.  

Staff will present information on Unaudited Actuals for Fiscal Year 2014-15

FISCAL IMPACT:
The District’s ending fund balance is in excess of the amount budgeted (estimated actuals). The summary of the District’s financial status for the year end closing for Fiscal Year 2014-15 is included under separate cover as part of the Unaudited Actual Report.              

POLICY CODE:
California Education Sections 42122-42129

STAFF RECOMMENDATION:
Approve the 2014-15 Unaudited Actuals (under separate cover).

                                                                    BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         September 9, 2015
SUBJECT:  Gann Limit - Resolution No. 16-007

BACKGROUND INFORMATION
Education Code Sections 1629 and 14132 specify that by September 30, county office and district governing boards shall adopt a resolution identifying their estimated appropriations limits for the current year and their actual appropriations limit for the preceding year. The documentation supporting the adopted resolution shall be made available to the public.

The Gann Limit Calculation for FY 2014-15 and 2015-16 does not have any direct effect on the funding of the District.

The attached Resolution and Calculations (included in the 2014-15 Unaudited Actuals under separate cover) will be submitted to the Alameda County Office of Education for transmittal to the California Department of Education.

POLICY/CODE
Education Code Sections 1629 and 14132
Government code Section 7906(f).

FISCAL IMPACT
None

STAFF RECOMMENDATION
Approve Gann Limit – Resolution 16-007

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             School Board
FROM:        Donald Evans, Superintendent
DATE:         September 9, 2015
SUBJECT:  Priorities and Initiatives for the 2015-16 School Year

BACKGROUND INFORMATION:

To achieve our vision of providing a world-class education for every student in the Berkeley Public Schools, we have concentrated our improvement efforts in five key goal areas:

• 21^st Century Educational Program for Success in College, Career, & Life
• Relevant and Creative Professional Learning
• Safe, Welcoming, and Inclusive School Climate
• Responsive and Effective Operational Supports and Services
• Strong Family and Community Partnerships

Over the last two years, significant progress has been made in each of these key areas. In large part, our success has been due to the skills of our teachers, staff, principals, and administrators in every school and department, and the growing commitment to working in teams and sharing best practices. Furthermore, we have been able to attract exceptional talent, both from within and from outside our organization, to fill key leadership roles. Teachers and staff have benefited from increased access to high-quality, high-impact professional development.

This year we have directed significant resources to further the initiatives and programs that will have the greatest impact on outcomes for all students, while concentrating our Local Control Funding Formula supplemental grant funds on programs and services to benefit our high need students.

In order to provide the School Board and community with an overall assessment of the state of the district, this presentation will focus on the most critical district-wide priorities and initiatives in this new school year, including:

• Fine-tuning teaching and learning of Common Core State Standards and further alignment of district-wide assessment tools;
• Expanding professional development opportunities for all, and effective Professional Learning Communities in every school;
• Consistent and well-articulated coordination of services for students and families;
• Technology – improving access to technology to improve both teaching and learning. 
• LCAP – targeted interventions for high-need students
• BSEP – the planning and process for a new measure

To provide context for the work, information on Enrollment, Finances, Facilities, and other infrastructure elements critical to our success will also be provided. 

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: September 9, 2015
SUBJECT: Board Policy Priorities 

BACKGROUND INFORMATION:
Current circumstances have brought specific policies to the forefront of the Policy Sub-Committee. The Policy Sub-Committee is requesting guidance from the governing Board regarding what specific policies should be the focus for the 2015-16 school year

POLICY/CODE:
Various Board Policies

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Provide the Policy Sub-Committee direction for the 2015-16 school year. 

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.