The Presiding Officer will call the meeting to order at 6:00 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

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

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

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

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

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

11.  Consent Calendar

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             October 14, 2015
SUBJECT: Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents the Human Resources Reports listing employment actions for the Board to approve/ratify officially. Please refer to the attached Certificated and Classified Reports.

Approve the Human Resources Reports.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           October 14, 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 $ 1,334,822.60 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:        October 14, 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 suitable by the Board.  The following donations have been presented to the District:

1. King Middle School PTA donated $10,199.88 to purchase Chromebooks and miscellaneous furniture for King Middle School.
   
2. Emerson PTA donated $400 to purchase additional supplies for weekly art classes for grades K-5 for Emerson School.
   
3. Nycole Evans Hammond donated $20 through the AT&T Employee Giving Campaign to be utilized as needed for Thousand Oaks School.
   
4. Washington PTA donated $7,550 to partially pay for Movement Enrichment classes for Washington School.
   
5. Mary Ann Laufenberg donated $296.52 to be utilized as needed through the Your Cause, LLC Trustee for Pacific Gas & Electric Company/Employee Giving Program for Malcolm X School.
   
6. Thousand Oaks PTA donated $13,000 to purchase a Chromebook cart for Thousand Oaks School.
   
7. Whole Foods donated $723.60 to be utilized as needed for Malcolm X School.

BOARD POLICY:
BP 3290 

FISCAL IMPACT:
The District received a total $32,190 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:        Javetta Cleveland, Deputy Superintendent
DATE:         October 14, 2015
SUBJECT:  Approval of Contracts/Purchase Orders for Service Contracts

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

1. Increase in contract, PO#160559, to ITS Enterprises to cover added inspection services that were required for the Willard Modernization Project due to unforeseen conditions.The Board approved $15,000 on 6/3/15. The additional amount will increase the purchase order by $16,560 for a total amount of $31,560.To be paid from Measure I.Requested by Timothy E. White.
2. Ratification of contract with YMCA of the Central Bay Area, to provide physical education 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 Restricted Donation Funds. Requested by Veronica Valerio.
   
3. Visiting Artist Anna Rainer will work along-side the classroom teachers to help provide art instruction in classrooms that is relevant to the students’ core curriculum: working with teachers to develop lessons and units that integrate the visual arts with the grade-level curriculum content in core academic subjects.
   
4. Ratification of contract with Sandra Loving, to provide services as Enrichment Classes Facilitator at Berkeley Arts Magnets Afterschool class for the period from 10/1/15 – 6/30/16. The cost will not exceed $12,000. To be paid from After School PTA Fund. Requested by Aaron Jorgensen.
5. Ratification of contract with Akiko Cutlip, to provide enrichment classes for Emerson Afterschool Enrichment Program for the period from 10/1/15 – 6/17/16. The cost will not exceed $12,000. To be paid from After School PTA Fund. Requested by Aaron Jorgensen.

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:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 14, 2015
SUBJECT:   Approval of Overnight Field Trips (6)

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

Cazadero Jumpstart Retreat, Berkeley, CA, October 16-18, 2015
Approve participation of 100 8^th grade Middle School students, 10 teachers and 18 non-staff adults, on a three-day, two-night field trip to Cazadero Performing Arts Camp, CazPAC in Berkeley, CA. BUSD will provide transportation for students to the CazPAC on Friday, October 16, 2015, at 8:30 a.m and be driven by parents from the event at 2:00 p.m. on Sunday, October 18, 2015. During the retreat, band students will build interest in BHS program, learn advanced pieces in a fast-paced 3-day period. Meet and bond with students from other middle school and work with BHS mentors. Students will sleep in supervised, gender specific tent cabins in separate rooms chaperoned by parents. The cost of $140.00 per student will be paid with parents and scholarships. No student will be denied access based on inability to pay. Requested by: Pete Gidlund, VAPA Supervisor

Pt. Bonita Retreat Center BHS-AHA, Sausalito, CA, November 12-13, 2015
Approve participation of fifty (50) 11^th grade AHA students, eight (8) teachers and two (2) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, November 12th at 9:00 a.m., and return Friday, November 13th at 2:30 p.m. The group will engage in in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art-based curriculum. They will also be participating in group challenges, community building activities, arts integration projects, and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $5,700.00 for the trip will be paid for by parent donations and the CPA grant. No student will be denied access based on inability to pay. Requested by: Sam Pasarow, BHS Principal.

Pt. Bonita Retreat Center BHS-AHA, Sausalito, CA, March 17-18, 2016
Approve participation of fifty (50) 12^th grade AHA students, eight (8) teachers and two (2) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Wednesday, March 17th at 9:00 a.m., and return Thursday, March 18th at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $5,700.00 for the trip will be paid for by parent donations and CPA grant. No student will be denied access based on inability to pay. Requested by: Sam Pasarow, BHS Principal.

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, November 9-10, 2015
Approve participation of sixty (60) 10^th grade CAS students, five (5) teachers and zero (0) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Monday, November 9th at 8:30 a.m., and return Tuesday, November 10th at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $145.00 per student will be paid for by parent donations and BHSDG grant. No student will be denied access based on inability to pay. Requested by: Sam Pasarow, BHS Principal.

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, December 10-11, 2015
Approve participation of sixty (60)11^th grade CAS students, five (5) teachers and zero (0) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, December 10th at 8:30 a.m. and return Friday, December 11th at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $145.00 per student will be paid for by parent donations and BHSDG grant. No student will be denied access based on inability to pay. Requested by: Sam Pasarow, BHS Principal.

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, February 24-25, 2016
Approve participation of sixty (60) 12^th grade CAS students, five (5) teachers and zero (0) other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Wednesday, February 24th at 8:30 a.m. and return Thursday, February 25th at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art-based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $145.00 per student will be paid for by parent donations and BHSDG grant. No student will be denied access based on inability to pay. Requested by: Sam Pasarow, BHS Principal.

POLICY/CODE:
Education Code 35330
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:      Timothy E. White, Executive Director of Facilities
DATE:           October 14, 2015
SUBJECT:  Approve a Contract With Baker Vilar Architects to Provide Design Services for theAlteration of Two Small Classrooms to Create One Classroom at Rosa Parks School

BACKGROUND INFORMATION:

On January 14, 2015, the Board concluded a discussion regarding the usage of flex spaces as classrooms in the District. A decision was made to utilize flex spaces at various sites in the event that additional capacity was needed. This year, we established classrooms at Jefferson and Rosa Parks Elementary school from flex spaces.   

At Rosa Parks, the flex spaces (rooms 1 and 2) are being utilized for a transitional kindergarten classroom.  The site believes that these rooms are unsuited to teach transitional kindergarten and has requested that Facilities remove the wall to create one classroom.  A project where this type of scope could be addressed as a part of a larger project is scheduled to take place in Summer 2018 with the planning phase beginning in 2017. Our estimated current total project budget $500,000. After consulting with the Division of the State Architect, this project will require approval. To meet the current summer 2016 timeline, we will have to proceed with the following:

• Creating a site committee to hold 3 meetings;
• Certifying all uncertified projects at the site; and,
• Review the site for required accessibility upgrades that will be required.

In reviewing the candidates on our architect pool and based on the positive feedback from the Rosa Parks floor and paint project from this past summer, the Deputy Superintendent and the Executive Director of Facilities recommend that Baker Vilar Architects be hired for this projects. The fee includes:

Phase I: Feasibility Study and closeout of the required Division of the State Architect paperwork related to certify the building: $42,500

Phase II: Design Services $74, 500

POLICY/CODE:
Board Policy 3310. 

FISCAL IMPACT:
The cost for Design Services in the amount of $117,000 for this project to be paid from Measure AA and subsequently create a project budget in the amount of $500,000.   

STAFF RECOMMENDATION:
Approve Baker Vilar Architects for design Services for the alteration of two small classrooms to create one classroom at Rosa Parks School    

 BERKELEY UNIFIED SCHOOL DISTRICT

BACKGROUND INFORMATION:
On May 6, 2015, the Board awarded a contract to Am Woo Construction, Inc. to improve the grounds at Berkeley High School. The project is complete. 

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

POLICY/CODE:
California Public Contract Code 20110- 20118

FISCAL IMPACT:
The project was funded through the Measure AA bond. The total project came in 1% under budget Board approval.  We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION:
Accept the project as complete.  

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

Official Minutes
September 30, 2015

President Appel called the meeting to order at 7:45 p.m. She announced that the Board of Education convened to Closed Session at 5:30 p.m.

Swearing In of New Student Director
President Appel swore in Berkeley Technology Academy’s Student Director, Alaunte Keys.

Roll Call: 7:52 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
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Present 

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

REPORT CLOSED SESSION  
President Appel reported out on Closed Session:

Conference with Legal Counsel Pending Litigation (Government Code Section 54956.9)  OCR

Case # 09-15-1369
The Board received legal counsel on this matter; no action was taken.

Collective Bargaining: Lead Negotiator: Legal Counsel (Government Code Section 54957.6(a))

BCCE and Local 21 Negotiations and Non-Represented Employees  
The Board discussed this matter.

Motion to apply compensation for represented certificated employee to non-represented employees: 
Appel/Daniels and unanimously approved 4-0

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

Suspension for Classified Employee
This hearing was postponed.

Settlement Agreement for Classified Employee
The Board gave direction to staff on this matter. 

Conference with Real Property Negotiators (Government Code Section 54957)  
The Board received legal counsel on this matter. 

Superintendent's Evaluation (Government Code Section 54957)  
The Board provide the Superintendent with his 2014-15 evaluation.

OPEN SESSION
President Appel called the Open Session to order at 7:45 p.m.   

APPROVAL OF REGULAR AGENDA
Director Daniels pulled Action Item 12.1, Request for Additional Staffing for Afters School Programs, and moved it to Consent. President Appel pulled Consent Item 11.4, Approval of Board of Education Minutes for September 9, 2015, to make some amendments.

Motion to approve regular agenda as amended by Director Daniels and President Appel:
Leyva-Cutler/Paraiso-Arroyo and unanimously approved 4-0

PUBLIC TESTIMONY  
A total of seven people addressed the Board:       

Councilmember Darryl Moore addressed the Board about the City's request for use of BUSD's Board Room. 

Jonathan Stewart, Monica Silva, and Megan Wang spoke on behalf of Project Smile.

Gil Dong announced the City’s donation of an ambulance to BUSD.

Stephanie Allan talked about the Career Technical Education (CTE).

Steven Finacom addressed the school naming policy.

COMMITTEE COMMENTS  
 
DELAC representative Prashaat Jawalikar provided some solutions to improving communication among families, teachers, administrators and the various committees. 

BSEP Planning and Oversight Committee representative, Bruce Simon addressed the Board about engaging the community to support BSEP as it is a valuable resource for Berkeley Schools. He invited all to the first meeting on Tuesday, October 27.  

BOARD MEMBER AND SUPERINTENDENT COMMENTS  
 
Director Alper thanked the Cal students who spoke on behalf of Project Smile. In terms of the request for additional staffing for after school programs, he said there is much good work to be done to address disparities between the BEARS and LEARNS afterschool programs, and communication among sites about best practices. Office hours: Last Sunday of the month at Casa Latina from 3:00 p.m. to 4:30 p.m.

Director Daniels acknowledged all staff and Board members who attended Solano Stroll. He invited all to come out to the first BSEP community engagement event on Tuesday, October 22 and emphasized its importance. He thanked Mr. Finacom for his comments on the School Name change and expressed interest in learning more about LeConte. He went on to alert everyone to the Restorative Justice Contract listed in the Consent Agenda and said he was excited to see this effort come to fruition. He also reported that, thanks to the Superintendent’s hard work, there are only two vacancies on the Parent Advisory Committee. Office hours: he will announce at the next Board meeting.

Director Paraiso-Arroyo thanked Project Smile for coming out and spoke of the importance of mentoring programs. He added that he was happy to hear that implementation of restorative justice practices is moving forward.

Vice President Leyva-Cutler thanked DELAC representative, Prashaat Jawalikar, for his suggestions. She announced that she will report September attendance outcomes in October. She invited families to tomorrow night’s school community meeting at Thousand Oaks. She also expressed appreciation for Project Smile and suggested that staff could perhaps reach out to Legislators in an effort to obtain finger printing services at a reduced rate for our volunteers. Office hours: Thursday, October 8 at Casa Latina from 4:30 p.m. to 6 p.m.

Director Keys thanked Project Smile and said he has benefited from its mentoring program.

President Appel commended Director of Special Education, Lisa Graham on the success of her meet-and-greet. She also thanked Project Smile and expressed interest in figuring out a way to help support our volunteers in the finger printing process. She suggested that a meeting take place with UC Berkeley to possibly discuss shared costs. She announced that she had the opportunity to meet with BHS Principal, Sam Pasarow, who reported that there has not been a suspension at BHS so far this school year. She encouraged all to come out on October 22nd to begin to weigh in on BSEP, an important resource for the Berkeley community. Office hours: October 23 at Mojoe’s Café.

Superintendent Evans thanked Project Smile for coming out and said that staff is working towards a solution. He announced that last Sunday was Education Sunday at Liberty Hill Baptist Church, where seven BUSD employees were honored. He reported that last week there was a meeting with the City in regards to the City’s request to use the Board Room for a series of pilot meetings and said Director White would say more about it in a forthcoming discussion on this matter.

CONSENT CALENDAR

Motion to Approve the Consent Calendar:
Alper/Paraiso-Arroyo and unanimously approved 4-0 

Approval of Board of Education Minutes for September 9, 2015
President Appel explained that she pulled Consent Item 11.4, Approval of Board of Education Minutes for September 9, to make an addition under policy priorities:  After the Board expressed what policies should be prioritized this school year, President Appel said she had nothing to add and then summarized what she felt was the will of the Board:

• Student discipline and alternatives to suspension
• Naming Facilities
• Enrollment
• All-gender bathrooms

Motion to Approve Board of Education Minutes for September 9 as amended by President Appel:
Appel/Leyva-Cutler and unanimously approved 4-0 

DISCUSSION ITEMS  

BSEP 2016 Measure Planning Update
Natasha Beery, Director of Community Relations, provided an update on the BSEP Measure Planning process. Having distinguished the major components necessary in planning the new measure in the previous phase, she reported that the current phase focuses on building community awareness. Her presentation displayed the progress in educational priorities, budget models, and public processes. She added that the resulting data from the preliminary voter poll that was conducted on September 21 is currently being analyzed. She announced that the first budget "thermometer" exercise will be on Thursday, October 22 at Malcolm X Elementary. She also invited the public to attend the first BSEP P&O meeting on October 27 and said all meeting schedules are posted on the website. Questions and discussion followed.  

BSEP Paper #1: Providing the Essentials for Educational Excellence
Assistant Superintendent of Educational Services, Pasquale Scuderi, presented the first of three BSEP papers that will be brought to the Board. His presentation highlighted BSEPs contribution to class size reduction, teacher support and professional learning, music and the arts, libraries, instructional technology, and site discretionary funds. Questions and discussion followed. 

Local Control and Accountability Plan (LCAP), Goals 2 and 3 Evaluation  
Director of Research, Evaluation and Assessment, Debbie d'Angelo presented goals 2 and 3: ending racial predictability of academic achievement and ensuring all school sites have safe, welcoming and inclusive climates for all students and their families. Her presentation outlined the measurable outcomes within these goals, for which she also presented recommendations. Questions and discussion followed.

Berkeley City Council's Request for Use of Board Room   
Dr. Evans reported that BUSD held a community meeting with respect to the City’s request to use the Board Room for a series of pilot meetings.

Director White further reported that community members brought up concerns associated with crowding, traffic, parking, access, and after-hour gathering and noise. He noted that previous discussions between BUSD and the city in cost and space sharing caused a great deal of concern during a Citizens’ Bond Oversight Committee meeting.

Stephanie Allan, Chair of the Citizens’ Bond Oversight Committee, expressed concern relative to the City’s decision to withdraw its partnership with BUSD in the early construction phase of the Board Room as Bond funds were utilized to incorporate amenities beneficial to the City, but not necessarily useful to BUSD.  She suggested that we should accommodate the City’s need for a meeting space as there are no other options available, but, in doing so, she said that compensation should be considered.

President Appel added that after months of looking for possible meeting spaces, the City passed a resolution in June 2015 and provided BUSD an MOU that did not include mitigations, but did include a $700 fee per meeting. She said she appreciated the opportunity to more closely consider the impact of approving the City’s request. Questions and discussion followed.  

President Appel moved to extend Open Session to 11:10 p.m.

Motion to extend Open Session to 11:10 p.m.:
Appel/Alper and unanimously approved 4-0

The Board directed the Superintendent to appoint an advisory committee to convene and bring back possible mitigation measures by October 14. The advisory committee could also enumerate what the appropriate compensation would be and develop criteria and determine the time of use for the Board to consider. President Appel said that the receipt of this information from the advisory committee would be followed by a discussion in closed session regarding the real estate negotiations, if possible and appropriate.

EXTENDED PUBLIC COMMENT
Mark Chekal talked about the implementation of a Board policy regarding transportation. 

ADJOURNMENT 
President Appel adjourned the meeting at 11:10 pm. The Board reconvened to Closed Session.  

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:          Donald Evans, Ed.D., Superintendent 
FROM:         Timothy E. White, Executive Director of Facilities 
DATE:          October 14, 2015 
SUBJECT:   Approve a Contract With Baker Vilar Architects to Services related to Certification of Two Legacy Projects

On December 14, 2011, Staff provided information related to uncertified projects in the District. The District had 72 legacy projects of which 9 were closed with certification. As of October 2015, the District has 53 projects closed with certification. Out of the 19 projects remaining, six are assigned to WLC Architects to submit paperwork for certification including five projects at LeConte Elementary School.  

Facilities is requesting that the Board approve hiring Baker Vilar Architects to certify Thousand Oaks Elementary School and one small restroom project at LeConte. Thousand Oaks represents majority of the fees is currently missing documentation that will require substantial review and a post inspection plan.

DSA IR A-20 requires certification of projects at all sites before allowing new projects to proceed. Certification of these projects are necessary to proceed with the portables project.  

Baker Vilar has closed out a total of eight projects with certification (six at Willard Middle School and two at John Muir Elementary School). Staff is recommending that they be hired to certify these two projects.

POLICY/CODE:
Board Policy 3310.  

FISCAL IMPACT: 
Cost to be paid from the Measure AA Bond Fund.      

STAFF RECOMMENDATION:
Approve Baker Vilar Architects for a not-to-exceed amount of $60,000 to close out Thousand Oaks and LeConte Elementary School.

12.  Action Items

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 14, 2015
SUBJECT:  Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2015-16     

BACKGROUND INFORMATION:
Education Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, as to whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects:  English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course).  The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided.  All students in Berkeley Unified have access to books and other instructional materials.

The annual resolution continues to be required although the State no longer allocates specific funding for Pupil Textbooks and Instructional Materials. 

The hearing tonight has been publicized as required, and the proposed resolution is attached.

POLICY/CODE:
Education Code Sections 60117 and 6011 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2015-2016.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:        Donald Evans, Ed. D., Superintendent
DATE:          October 14, 2015
SUBJECT:   Request for Coordinator Position for Career and Technical Education

BACKGROUND INFORMATION: 
As the District continues to expand opportunities for secondary students to participate in pathways toward career readiness and technical education, staff is recommending a position to further coordinate those efforts; to further refine and develop these pathways and to expand opportunities in career exploration within our schools. 

The position of coordinator for Career and Technical Education would report directly to the Assistant Superintendent of Educational Services. Primary responsibilities of this position would include:

• Work with county and regional consortiums through statewide and regional efforts and investments like the California Career Pathways Trust Career (CPT)
• Explore and coordinate grant applications and awards for expanded career readiness programs within the district.
• Establish and coordinate internship, partnership, and apprenticeship opportunities for kids with a variety of private and non-profit sectors as well as public entities like government agencies, hospitals, public utilities, and private and public sector labor unions.
• Increase access to career exploration content through home to school communications, curriculum development, work with academic counselors, personal inventory software, guest speakers, and facilitating direct meetings between students and employers.
• Coordinate and support access to new programs and pathways, modeled on our current efforts in fire science, by developing pathways jointly supported and housed at Berkeley High School, Berkeley Technology Academy, Berkeley Adult School, local community colleges, and various employers.

POLICY/CODE:
None

FISCAL IMPACT:
The position is estimated to cost $126,000. $60,000 will be funded from the Current LCFF CTE Budget and an additional $60,000 will be needed from Base Grant Funds to increase the CTE Budget from $120,000 a year to $180,000 a year. The CTE Budget also covers supplies, equipment and instructional materials. 

STAFF RECOMMENDATION:
Approve the allocation of a 1.0 FTE position for Coordinator for Career and Technical Education

TO:               Donald Evans, Ed.D., Superintendent
FROM:            Timothy E. White, Executive Director
DATE:             October 14, 2015
SUBJECT:      Harold Way Development

BACKGROUND INFORMATION:
A letter was sent to the ZAB on September 29, 2015, asking the ZAB to postpone approval of the revised COA and direct the City Planning Staff to meet with the District Facilities Department and Safety Committee to craft conditions of approval that adequately mitigate the impacts of the Project. This letter was sent for consideration of the ZAB at the September 30^th meeting.

At the time we were unaware that the conditions of approval would be included in the ZABs agenda for approval. We were under the assumption that the COA would not be on the agenda for approval until the end of October 2015.

The ZAB approved the revised COA and the Use Permit without further input from the District at their meeting of September 2, 2015. I attended the ZAB meeting and addressed the board encouraging them to consider our letter of September 29, 2015 in the mitigation measures of the conditions of approval.

As the COA were certified without consideration for the concerns expressed in the District’s letter to the ZAB dated September 29, 2015, we now have the option of presenting our request to City Council. In the next and final steps in the process, I believe we have two separate opportunities to seek Berkeley City Council’s support and approval of our mitigations prior to completion of the permit process.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
To receive direction from the Board as to how to proceed.

13.  Discussion Items

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:   Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:     October 14, 2015
SUBJECT:   BSEP Paper #2: Support for Students and Families

BACKGROUND INFORMATION:
The Berkeley Unified School District seeks to provide an educational experience for all students  that provides cumulative opportunities for students along the K-12 progression to learn foundational and fundamental skills; moreover, to apply those skills in increasingly sophisticated combinations to analyze and solve problems, express themselves with greater creativity, and to develop a greater understanding of the world around them.

On September 30, 2015, staff presented to the Board the first in a series of papers discussing the major components of the programs funded by the Berkeley Schools Excellence Program (BSEP) Measure A of 2006, in order to provide a broader philosophical and pedagogical rationale for the programs and resources that are essential to the well-rounded educational experience we are seeking for all students.

This second paper offers a comparable rationale for critical supports and services that are provided to students and families by BSEP as they pursue academic success in our schools.

Through BSEP funding, our district is able to sustain family engagement efforts, funding for middle school counseling, as well as support programs and processes that ensure clear and accessible communication, public oversight, and community engagement.

The presentation accompanying this paper will also briefly discuss some of the emerging ideas for possible improvements and adjustments to the BSEP-funded programs moving forward into the next measure.

An additional presentation on this evening’s agenda will provide greater detail on the focus and work of our Office of Family Engagement and Equity, which is co-funded through BSEP and the Local Control and Accountability Plan (LCAP).

A third and final paper in this stage of providing the educational context for the 2016 BSEP Measure Planning process will focus on the specific supports provided for teaching and learning in our educational program.

FISCAL IMPACT:
For fiscal year 2015-16, net allocation for all BSEP resources is $24,920,954. From that total allocation, $489,419 is allocated to Public Information, $305,282 to Parent Outreach, and approximately $475,200 to Middle School Counseling.

STAFF RECOMMENDATION:
Receive and discuss the paper.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D.
FROM:         Ann Callegari, Supervisor of Family Equity and Engagement
Dr. Susan Craig, Director of Student Services
DATE:  October 14, 2015
SUBJECT:  Office of Family Engagement and Equity Update

BACKGROUND INFORMATION:
In April 2012, the Board of Education approved a new model for providing Family Outreach and Parent Educational Services. This created the Office of Family Engagement and Equity. The primary objectives of the office are the following:

• Create a welcoming school environment for ALL families.
• Provide support to families of students in need of academic, behavioral, and emotional support.
• Increase the involvement of marginalized and under-represented families (African-American, Latino, and other families who are not proficient in English).

The District’s model for family engagement was developed with the help of the following research and literature: The California Department of Education’s “Family Engagement Framework”, Joyce Epstein’sSix Types of Parent Involvement, Anne T. Henderson’s “Beyond the Bake Sale: The Essential Guide to Family/ School Partnerships”, as well as a number of other readings, discussions with the community, and site specific data and surveys.

Tonight, BUSD’s newly appointed supervisor for family engagement will update the Board on progress and status of the Office of Family Engagement and Equity. 

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A) Section 3.B.ii.c.

FISCAL IMPACT: 
None

RECOMMENDATION:
Receive update from the Office of Family Engagement and Equity.

Classes
The counseling enriched classes were established to provide intensive school based therapeutic and behavioral services as an alternative to non-public schools. They continue to meet the needs of many students who would otherwise be candidates for non-public school placements. A third class was  opened at Berkeley High for the 2014-15 school-year. The counseling based classrooms can serve the following numbers of students:

School                                   # Classes                        # Students

Berkeley High                                  3                                    30

King Middle                                     1                                    10

Longfellow                             1                                    10

Cragmont                                        1                                    10

1. Significant Disproportionate (Sig Dis) Representation

   The District was identified in 2014-15 as having a disproportionate number of African-American students in special education identified in the category of emotional disability. The CDE may require the District to update the Sig Dis plan for the 2015-16 school-year to  reduce the disproportionate representation of African-American students with emotional disabilities.

   The original Sig Dis plan, developed and approved in 2010, addressed the significant disproportionate representation of African American students in special education identified in the category of emotional disability. The plan addressed 1) systemic issues, and 2) early intervening services to a target group of 2nd-3rd graders in English/ Language Arts. Response to instruction and intervention (RTI2) was the pathway chosen to address systemic issues.

   The activities included:

   • Implementing a literacy framework: Teacher's College Reading and Writing Program (TCRWP) and intervention program: Fountas and Pinnell Leveled Literacy Instruction (LLI)
   • Establishment of a District leadership team and a planning group
   • Development of a Tiered RTI2 process
   • Development of culturally responsive school climates and systems
   • Systemic implementation of PBIS and Toolbox Social/Emotional curriculum
   • Increased compliance with eligibility requirements for special education, especially in the areas of: Emotional Disability, Specific Learning Disability, and Speech or Language Impairment
   • Use of data to show improvements
   • Identification of up to 100 target students at grades 2 and 3 who are below basic on the CSTs and require early intervening services.

     
     

     Current special education pupil count results:

     African-American Students:
     	ED	SLD	SLI	OHI
     12/1/2013	48	235	56	60
     12/1/2014	39	219	50	82
     	-9	-36	-6	22

     
     

     Total African American Students in Special Education:

     12/1/13 = 454

     12/1/14 = 450

                       -4

     Comparison data between BUSD, Alameda County and State of California from December pupil count listed as % of population identified as disabled:

     	ED	SLD	SLI	OHI
     California	3.4	39.6	22.3	10.7
     Alameda County	4.8	36.3	22.7	10.3
     BUSD	6.5	42.2	12.9	17

     
     
2. Statewide Special Education Task Force

From Press Release dated: March 6, 2015

A Statewide Special Education Task Force is calling for one integrated system  of public education that ensures students with disabilities receive effective services, learn in classrooms that are guided by rigorous standards alongside their general education peers, and are equipped to make their own way as adults. 

The Task Force was formed in 2013 to study the causes of the state's poor outcomes for students with disabilities. It was prompted by Michael Kirst, President of the State Board of Education, and Linda Darling Hammond, Chair of the Commission on Teacher Credentialing, and includes stakeholders from throughout California.

The report provides a vision for reforming California's approach to serving students with disabilities. The Task Force believes that the challenge of effectively educating students with disabilities exists within seven distinct, and inter-connected, parts of the educational system: early learning; evidence-based school and classroom practices; educator preparation and professional learning; assessment; accountability; family and student engagement; and special education financing.

The fill Task Force Report, Executive Summary, and the four Sub-Committee Reports, including Early Learning, Educator Preparation and Professional Learning, Evidence Based Practices, and Financing Special Education can be found at http://www.smcoe.org/about-smcoe/statewide-special-education-task-force/.

POLICY/CODE:
Ed. Code-Part 30-Special Education Programs

FISCAL IMPACT:
Special Education and General Education Budgets

STAFF RECOMMENDATION:
Receive the report on the Special Education services

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:            Timothy E. White, Executive Director
DATE:             October 14, 2015
SUBJECT:      Committee Report-Back on Berkeley City Council’s Request for Use of 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.

During the Board meeting of September 30, 2015 the Board directed staff to begin the process of evaluating the pilot use of the BUSD Board Room. A committee was formed and was charged to review and return to the Superintendent and the Board information relative to the logistics of the City’s use of the Board Room.

The Superintendent directed the formation of an ad hoc committee composed of the Deputy Superintendent, Stephanie Allen, Chair of BUSD Construction Bond Oversight Committee and I, along with a neighbor from the 2020 Bonar community to consider the following for the evaluation of the City Councils pilot use of BUSD’s Board Room:

• Does the committee agree with the pilot?
• How long should the pilot be?  
• What should the mitigations be?
• Are there other spaces that the committee thinks the City should have explored?
• What should we charge for the space?
• What should the criteria be for approval?

The City of Berkeley and BUSD conducted a community outreach meeting to engage with neighbors and get feedback on this proposal. While a small number of neighbors attended our neighborhood meeting regarding use of the Board Room by the City Council, they were passionate and unified in their concerns about the impact on the neighborhood.

Their concerns are as follows:

• The size of crowds who often attend COB meetings;
• Rallies for/against hot items;
• Groups who stay for public comments on their item (unlike BUSD Public Comments at the beginning, the COB has it late into the night, before each item);
• Those groups caucusing at all hours in the parking lot or sidewalks;
• Street parking (noisy departures late at night wake people up)
• Public transportation not very good in the late hours.

In response to the charge given, the committee consents to the proposed trial pilot for the City’s use of the Board Room.

The pilot period should be no less than 3 publicly noticed fully attended Council meetings. The residents of the neighborhood in fact have asked that no steps be taken to negate the impact of the pilot meetings during the pilot, as they wanted a true test.

An attendant or security guard should be assigned to the primary parking lot. An attendant should be posted in front of the 2020 Bonar entrance and the University entrance to help facilitate and quickly manage access and egress of foot and vehicle traffic prior to, during and exiting of all meeting attendees to minimize disturbance.

Way finding signage, as well as written and visual crowd control signs should be posted on buildings and streets to reduce confusion as to how to enter and exit. Please note that these are mitigation suggestions for the pilot, but they may have value going forward as permanent mitigations if a long term agreement with the COB is approved by the Board. 

No other spaces are viable candidates for the trial period as currently defined. 2020 Bonar is one of the few, if not the only broadcast quality public meeting spaces in the city of Berkeley that can accommodate the public need at this time. We are aware that the COB has considered and reviewed at least a dozen other options without success.

The pilot period should be compensated at a flat rate of $1200 per posted Brown Act, City Council Meeting. The cost will cover use of the facility and its technological resources, including audio and visual systems broadcast systems. This cost will include up to four hours of custodial services as well.  Because these spaces are used during the school day by REALM High School, they have to be properly cleaned and made ready for their use.

It is also suggested that a deposit of $5000 be submitted to the district to cover the cost of any damage that may occur. Upon conclusion of the pilot meetings, assessment will be conducted to verify that no damage was done. The deposit is refundable if there is no damage to equipment or other district property.

Finally, the approval of the pilot should be grounded in our ability to reasonably address the community concerns, effectively co-share facilities with another public agency and how the compensation package is finally negotiated.

The Board should consider the mitigations suggested above and any that naturally evolve from our lessons learned during the trial pilot period. Additionally, the committee, staff and the public should give feedback to the Board to inform its decision. 

POLICY/CODE:
Board Policy 1330

FISCAL IMPACT:
In determining the possible fiscal impact, the following should be considered: Costs of newly constructed Board Room, times of use, maintenance, equipment repair and replacement, and custodial services.

STAFF RECOMMENDATION:
To receive direction from the Board to begin negotiations with COB for use of the BUSD Board Room.

14. Information Items

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:         Timothy E. White, Executive Director of Facilities
DATE:          October 14, 2015
SUBJECT:  Proposed Structure of Developer Fees

BACKGROUND INFORMATION:
Berkeley Unified School District serves roughly 10,000 K-12 students at 20 school sites. The District currently does not levy Level I fees at the rates approved by the State Allocation Board in 2008. Berkeley Unified School District is seeking assistance in preparing a Developer Fee Justification and Impact Analysis report for 2015-16.

For the last several years there has been an increased number of approved residential developments that have the potential to impact student enrollment in BUSD. Developer fees are designed and made available to school districts to address this kind of increase in enrollment. Developer fees represent a significant funding source to California school district facilities. The absence of BUSD levying developer fees creates additional financial burden on existing funding streams like General Obligation Bond and Maintenance Parcel Tax.

Section 17620, et seq., of the California Education Code authorizes school districts to collect fees for mitigation of the impact of new development on enrollment in the District. The use of these funds is limited to facilities issues associated with the expanded student population projected for these developments. These funds can be used to pay for additional classrooms and other facilities needs and improvements. Pursuant to the authority of Government Code Section 65995, Subdivision (b), the State Allocation Board has currently authorized raising the statutory Level 1 fee to $3.36 per square foot for residential development and $0.54 per square foot for commercial/industrial development. The Board specifically requested that all steps in the process be as transparent as possible so that the community could be aware of each step.

The attachment includes the Request for Proposal.

POLICY/CODE:
California Education Code Section 17620, et seq

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Initiate the process and inform the public regarding this step.

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.