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

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             October 28, 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, Superintendent
FROM:           Delia Ruiz, Assistant Superintendent, Human Resources     
DATE:           October 28, 2015
SUBJECT:    Reduction/Elimination and Addition of Certain Classified Positions

BACKGROUND INFORMATION:
There is a need to align the present Instructional Media Technician position for the Central Media Library to reflect the actual present duties and the continuing needs of the Library Services Department.

Based on the Position Information Questionnaire (PIQ) submitted by the former incumbent during the Classification and Compensation Study, the Instructional Media Technician position for the Central Media Library was allocated to the Library Media Technician classification. When the original classification of Instructional Media Technician was created many years ago for the Central Media Library, the demands of the position were very different from those expected today. The library management of the centrally-held library resources is in alignment with the skills needed as a school-site Library Media Technician. Hence maintaining the Instructional Media Technician classification creates an undue burden of recruiting and testing for a position that does not accurately reflect the actual duties and skills required.

The Instructional Media Technician classification is presently at range 43, and the Library Media Technician classification is at range 43. The results of the Classification and Compensation showed that these two positions were at the same occupational level requiring duties of the same complexity. The Library Media Technician classification aligns all classes in the Library Services Department that contain essential duties of a similar nature and level. 

The present Instructional Media Technician position for the Central Media Library became vacant on September 1, 2015. Staff recommends eliminating the Instructional Media Technician position and replacing it with a Library Media Technician position, which will be allocated to the Library Services Department once the Classification and Compensation Study is implemented.

POLICY/CODE:
Education Code sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:
There is a negligible fiscal impact as both the Instructional Media Technician and the Library Media Technician are at the same salary range.

STAFF RECOMMENDATION:
Approve the resolution to eliminate/reduce and add specified positions.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Director of Fiscal Services
DATE:         October 28, 2015
SUBJECT: Approval of Payroll Warrants Issued in September 2015

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

POLICY/CODE
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,420,460.73 for September 2015 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in September 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Pauline E. Follansbee, Director of Fiscal Services
DATE:          October 28, 2015
SUBJECT:   Approve Listing of Bill Warrants Issued in September 2015.

BACKGROUND INFORMATION:
Each month the District writes several checks to vendors for services provided and goods received.
The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of September 2015 are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$8,116,986.18 for the month of September 2015 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of September 2015

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          October 28, 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. Increase to contract, PO#160316, to Anixter to provide additional equipment and shipping charges not originally quoted. The Board approved $30,214.41 on 8/26/15. The additional amount will increase the purchase order by $10,280.92 for a total amount of $40,495.33.To be paid from Measure AA. Requested by Steve Collins.
2. Contract with J&R Fence to provide fence repair services at King Middle School baseball field. The cost will not exceed $11,000. To be paid from Measure H. Requested by Steve Collins.
3. Berkeley Symphony Orchestra to provide Music in the Schools program at eleven BUSD elementary schools for the period from 10/1/15 – 6/12/16. The cost will not exceed $10,000. To be paid from BSEP Music, Visual & Performing Arts Fund. Requested by Peter Gidlund.
4. Ratification of contract with Community Alliance for Learning to provide on-site coordination of WriterCoach Connection program for Willard, King and Longfellow Middle Schools for the period from 9/2/15 – 6/30/16. The cost will not exceed $35,300. To be paid from BSEP School Discretionary Fund, Restricted Donations and BSC Grant Fund. Requested by Debbie Dean.
5. Contract with Kacy D. Robinson to provide recruitment, retention and equity consultation work for 10/29/15-6/30/16. The cost will not exceed $32,400. To be paid from LCAP Supplemental Grant Fund. Requested by Pat Saddler.
6. Ratification of contract with visiting artist Laura Miller to work alongside teachers in the classroom to help provide art instruction that is relevant to the students' core curriculum; work with teachers to develop lessons and units that integrate visual arts with the grade level curriculum content in core academic subjects at Washington Elementary School for the period from 10/1/15 – 6/30/16. The cost will not exceed $25,600. To be paid from BSEP School Discretionary Funds and Restricted Donations. Requested by Peter Gidlund.

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:          Lisa Graham, Director, Special Education
DATE:           October 28, 2015
SUBJECT:     Approval of Master Contract 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 $140,290.04 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent
FROM: Timothy E. White, Executive Director of Facilities
DATE: October 28, 2015
SUBJECT: Accept the Completion of the Project to Replace the Heating Controls at Oxford and King Media Center

BACKGROUND INFORMATION:  
On May 6, 2015, the Board awarded a contract to Syserco, Inc. replace the heating controls for Oxford Elementary and King Media Center. 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 project had a total change order amount of $7,099 which is just below 2% above the Board approval. We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION: 
Accept the project as complete.

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 28, 2015
SUBJECT:   Overnight Field Trips

BACKGROUND INFORMATION:
The following field trips are being requested:

Pigeon Pt. Environmental Ed., Pescadero, CA, February 3-5, 2016

Approve participation of twenty-nine (29) fifth grade students, one teacher, and six other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, February 3rd, and return at 2:00 p.m. on Friday, February 5, 2016.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation.  The cost of $340 per student will be paid by parent and PTA donations.  No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal.

Pigeon Pt. Environmental Ed., Pescadero, CA, February 25-27, 2015

Approve participation of twenty-nine (29) fifth grade students, one teacher, and six other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Monday, February 8th, and return at 2:00 p.m. on Wednesday, February 10, 2016.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation.  The cost of $340 per student will be paid by parent and PTA donations.  No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal.

Pigeon Pt. Environmental Ed., Pescadero, CA, March 11-13, 2015

Approve participation of twenty-nine (29) fifth grade students, one teacher, and six other adults from Malcolm X Elementary School on a three-day, two-night field trip to the Pigeon Point Lighthouse.  The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, March 2, and return at 2:00 p.m. on Friday, March 4, 2016.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation.  The cost of $340 per student will be paid by parent and PTA donations.  No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X 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:               Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent Educational Services
DATE:           October 28, 2015
SUBJECT:      Textbook Approval for African-American Psychology

BACKGROUND INFORMATION:
The following textbook will be presented to the Board on October 28, 2015 for consideration and is now being recommended for adoption.

African American Psychology: From Africa to America 3^rd Edition (2013) by Faye Z. Belgrave and Kevin W. Allison. This text provides students with comprehensive coverage of African American psychology as a field.  The authors illustrate how this group’s contemporary values, beliefs, and behaviors are derived from African culture and translated by the cultural socialization experiences of African Americans in this country.  The text provides examples of evidence-based practices for improving well-being among African American communities, and addresses key methodological and research issues that are relevant to conducting research in this field.  Each chapter of the text further addresses a contemporary issue of African Americans and provides a critical analysis of literature and research on select topics.

The text is divided into four sections that could be used as a curriculum map over four quarters.  Section I.  “Introduction and Historical Foundations” introduces the concept of African-Centered Psychology, Self-Attributes and Identity, and concludes with Race and Racism.  Section II. “Social Systems and Structures” will cover Kinship and Family, Education and Work, and Neighborhoods and Communities.  Section III. “Individual and Developmental Processes” goes into Interpersonal and Close Relationships, Cognition, Learning, and Language, Religion and Spirituality, and Life-Span Development.  Section IV. “Adjustment and Adaptation” takes the student into an exploration of Health, Illness, and Disability, Psycho-social Adaptation and Mental Health, Drug Use and Abuse, and ends with Pro-social and Antisocial Behavior.” 

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$4000.00

STAFF RECOMMENDATION:
Adopt the new textbook for Berkeley High. 

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 28, 2015
SUBJECT:    Out-of-State Travel Approval for Janelle Bugarini-IB Training in Indianapolis, IN.

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

International Baccalaureate Training, Indianapolis, IN Nov. 13-16, 2015

Approval for Berkeley High School Vice-principal Janelle Bugarini to travel to Indianapolis, IN to receive specific IB Administrator training. The three-day, two-night conference training is necessary to provide comprehensive and complete Administrator training to support the BIHS-IB program. Not all subjects are offered in California, which necessitated out of state travel for the professional training. Registration, transportation, lodging and meals for this training were paid with BHS Site 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 and overnight field trips consistent with the District Policies and instructional programs.

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

Official Minutes
October 14, 2015

President Appel called the meeting to order at 7:35 p.m. She reported that the Board convened to Closed Session at 6:05 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
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 Anticipated Litigation (Government Code Section 54956.9)
PERB Case No. SF-CE-3027-E Brian Crowell v. Berkeley Unified School District  

The Board conferenced with legal counsel on this matter; no action was taken.

Conference with Legal Counsel   Pending Litigation (Government Code Section 54956.9)  
OCR Case #09-15-1041 
OCR Case #09-15-1095

The Board received legal counsel on these matters; no action was taken. 

Superintendent's Evaluation (Government Code Section 54957)
The Board discussed the Superintendent’s 2015-16 evaluation tool.  

OPEN SESSION
President Appel called Open Session to order at 7:35 p.m. 

APPROVAL OF REGULAR MEETING AGENDA
At the request of Director Alper, Consent Item 11.6, Approve a Contract with Baker Vilar Architects to Provide Design Services for the Alteration of Two Small Classrooms to Create One Classroom at Rosa Parks School, was pulled from the agenda and will be brought back at a future meeting.

Motion to Approve Regular Meeting Agenda of as amended by Director Alper: 

Alper/Keys and unanimously approved 7-0

PUBLIC TESTIMONY
A total of four people addressed the Board:

Stephanie Allen talked about the Career Technical Education (CTE) coordinator position.

Jezra Thompson announced Annie's $40,000 grant to the gardening program at Longfellow.

Lily Howell, a BUSD parent, addressed Special Ed.

Matt Hinckley, a BUSD teacher, talked about the need to fund enrichment programs and the importance of developer fees.

COMMITTEE COMMENTS  

Cathy Campbell, President, Berkeley Federation of Teachers (BFT),  addressed Action Item 12.2, Request for Coordinator Position for Career and Technical Education, asking that it be modified to ensure that it is funded from its existing budget. In the case that there is an immediate and urgent need for this position to be filled with the budget increase outlined in the Board memo, she suggested that other funding sources be explored in an effort to not employ any General Fund dollars which are extremely limited. She requested that this item be brought back with an attached budget reflective of her recommendation.

BOARD MEMBER AND SUPERINTENDENT COMMENTS  

Director Keys asked when hot breakfast will be provided at BTA.

Director Alper thanked Mr. Hinckley for his comments on developer fees and he also thanked Director White, Superintendent Evans and Board President Appel for including the Proposed Structure of Developer Fees, for which he suggested a shorter timeline, in tonight’s agenda. In terms of discipline and the disproportionality in suspensions among students of color, he said that suspending students’ education is not effective and should be limited to cases where the Board has no discretion under the law or where students pose an immediate danger to themselves and/or others. He expressed interest in more deeply looking into how, why and what students are being suspended. Office hours: the last Sunday of every month at Casa Latina from 3pm to 4:30 pm

Director Daniels commended Vice President Leyva-Cutler for her role in organizing an excellent Latino heritage event on Saturday. He reported that SB 172 has been officially signed, making anyone who did not graduate high school  solely due to not passing one or both parts of the CAHSEE eligible to receive a high school diploma. He also reported that the policy committee met earlier today. They discussed student discipline, suspension and expulsion, and SGC and BSEP bylaws. He said the policy committee approved policies on sick leave and document retention and will be bringing them to the Board at a future meeting. He went on to alert everyone to AC Transit's service expansion. Meeting dates and locations can be found on AC Transit's website. With respect to the developer fees, he noted the importance of being careful around the timing of developer fees implementation in relation to BSEP. He congratulated folks who were elected to the Berkeley High School SGC and BSEP committees and invited everyone to attend the first BSEP meeting next Thursday at 6 p.m. at Malcolm X Elementary. Office Hours: Saturday, October 31, at 1:30 p.m.

Director Paraiso-Arroyo talked about the importance of enrichment programs.

Director Hemphill shared that she was out of the country for a few weeks and is getting back into the swing of things. She reported that she attended a recent NAACP meeting where the issue of Berkeley’s housing crisis was the main topic of conversation. She noted its impact on BUSDs demographics as families face barriers to affordable housing. Office Hours: every fourth Saturday of the month at 10 a.m. at Cafe Leila.

President Leyva-Cutler thanked Anne Callegari, Mel Martin and the City of Berkeley for their contribution to the Latino heritage event as part of the Cesar Chavez Commemorative Committee. Currently they are planning to outreach to about ten teachers who will be given the opportunity to win a book bag with great materials and resources on climate change. She requested that Board members’ office hours be included in schools' newsletters as a way to ensure that the information is reaching parents. Office Hours: she will announce dates in November.  

President Appel reported that she attended last week's parent meeting at BHS where parents had the opportunity to meet SGC candidates. She said that this year's spirit week will be called unity week at BHS. She recognized the work at BHS around sexual harassment and thanked Rebecca Levenson who has contributed a number of resources to these efforts. After a sexual harassment training for BHS ninth graders, she added, there seems to be a desire to continue holding further assemblies around other forms of bias and inclusion. Office Hours: Saturday, October 17, 2015 at 1 p.m. at Mojoe's Cafe.

Superintendent Evans shared that he attended the first hour of BHS Spark assembly and said it was both informative and engaging. He reported that the 2020 vision executive team met to review, clarify and recommit to the vision. He also reported on last week's professional development which focused on equity, cultural competency, and growth mindsets.   

APPROVE CONSENT CALENDAR

Motion to approve Consent Calendar without item 11.6:
Keys/ Hemphill and unanimously approved 7-0

ACTION ITEMS  

Resolution & Public Hearing re: Sufficiency of K-12 Instructional Materials
President Appel opened Public Hearing for the Sufficiency of K-12 Instructional Materials at 8:27 PM.

Hearing no public comment on this matter, President Appel closed this Public Hearing at 8:27 PM.

Motion to approve sufficiency Sufficiency of K-12 Instructional Materials:
Leyva-Cutler/Alper and unanimously approved 7-0

Request for Coordinator Position for Career and Technical Education  
Assistant Superintendent Scuderi presented a proposal for the funding of a Coordinator position for CTE. His presentation also laid out the work scope of this position. Questions and discussion followed.  

Motion to approve Request for Coordinator Position for Career and Technical Education:

President Appel offered friendly amendment that other funding sources are explored to meet the needs of CTE. Director Daniels accepted.

Motion to approve this item as amended by President Appel:
Daniels/Hemphill and unanimously approved 7-0 

DISCUSSION ITEMS

Ed Priorities Green Paper #2: Support for Students and Families  
Assistant Superintendent Scuderi and Director Natasha Beery presented the second paper for BSEP which focuses on support for students and families through outreach, middle school counseling, public information, translation and community. Questions and discussion followed.  

Office of Family Engagement and Equity Update  
Supervisor of the Office of Family Engagement and Equity, Anne Callegari introduced the vision and mission for the Office of Family Engagement and Equity. Her presentation displayed how they are supporting families, demographics of students they are serving, their goals and the process by which they are logging efforts relative to set goals. Questions and discussion followed.  

ACTION ITEMS (Cont.)

Harold Way Development  
Director White reported that the Zoning Adjustments Board (ZAB) did not approve BUSDs mitigations included in letters addressed to the ZAB in June and September. Following the ZABs written decision on October 8, BUSD has 14 days to file an appeal. Questions and discussion followed.

Motion to direct staff to file an appeal:
Alper/Paraiso-Arroyo and approved 6-1  

Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – No
Ty Alper, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Yes
Alaunte Keys, Student Director, BTA – Yes

DISCUSSION ITEMS (Cont.)

Special Education Update 
Director of Special Education, Lisa Graham provided an update for Special Education. Her presentation displayed criteria for special education services, research supporting the benefits of inclusion, and funding and expenditures. She announced a Family input meeting at Rosa Parks on October 29th at 6 p.m. Questions and discussion followed.

Motion to extend Open Session to 11:15 pm
Appel/Leyva-Cutler and unanimously approved 7-0.

Committee Report-Back on Berkeley City Council's Request for Use of Board Room   
Director White and Stephanie Allen brought back recommendations made by the committee with respect to the City's request for use of Board room for a series of pilot meetings. Questions and discussion followed.

Director Daniels proposed that the Board support staff recommendations for a pilot with the following exceptions: (i) enact all mitigation efforts during pilot period rather than wait; (ii) have city pay for all mitigation efforts; (iii) have city agree to indemnify district for any and all damage caused during their use rather than a $5,000 deposit; (iv) allow the pilot period to last up to two months; and (v) start negotiating a separate, long-term agreement with the city at any time and next update the Board in closed session rather than open session.

Director Alper suggested modifying (iv) and allowing the pilot period to last up to a month.  

More discussion followed with the Board supportive of Director Daniels’ proposal with Director Alper’s change.

EXTENDED PUBLIC COMMENTS
Michael Fretz addressed the Board about developer fees.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         October 28, 2015

SUBJECT:   Accept the Completion of the King Gym Modernization Project

BACKGROUND INFORMATION:

On April 8, 2015, the Board awarded a contract to FRC, Inc. to modernize the gym at King Middle School. On September 9, 2015, the Board approved a futility resolution which recognized that there would be more than a 10% cost overrun. The project is now 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 I Bond. The project had a total change order amount of $180,880.67 which is close to 11% above the Board approval. We originally budgeted for change orders of 10%.

STAFF RECOMMENDATION:

Accept the King Modernization Project as complete.   

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         October 28, 2015    
SUBJECT:  Request Approval to Contract with Consultant to Perform
Mitigation Impact Fees Analysis        

BACKGROUND INFORMATION:
Berkeley Unified School District serves roughly 10,000 K-12 students at 20 school sites. The District currently operates one comprehensive high school and two continuation high schools. The District currently does not levy Level I fees at the rates approved by the State Allocation Board in 2008. Berkeley Unified School District which currently does not collect impact fees, is seeking assistance in preparing a Mitigation Impact Fee Analysis and Impact Analysis report for 2015.   

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. Pursuant to the authority of Government Code Section 65995, Subdivision (b), the State Allocation Board has currently authorized raising the statutory Level I 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.

On October 14, 2015 the Board discussed the merits of mitigation fees being levied by the District as a viable resource for our school facilities and student growth and expansion needs. It was heard previously as an information item and today returns as an action item for your approval.

Requested Scope of Services to include but not be limited to:

• Prepare a Mitigation Impact Fee Analysis (Level I Fee Justification report) to justify the levy of the Level I developer fee rates to be approved by the Board of Education for calendar year 2016.   
• Respond to any comments received by the District from outside agencies and/or organizations regarding the report.
• If necessary, assist the District in any challenges to the study from outside agencies and/or organizations.

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

FISCAL IMPACT:
Budget not to exceed $50,000, to be allocated to Measure AA

STAFF RECOMMENDATION:
Authorize staff to fly RFP for Mitigation Impact Fee Analysis

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:            Maggie Riddle, Director of K-8 Schools
Pasquale Scuderi, Assistant Superintendent, Ed Services
DATE:            October 28, 2015
SUBJECT:     Update on Response to Instruction and Intervention (RtI²)

BACKGROUND INFORMATION:
Staff will give a brief presentation on the continued implementation of RtI² during the 2014-15 academic year as well as in the current academic year.

Response to Instruction and Intervention (RTI2) is a data-driven, multi-tiered approach to the early identification and support of all students, including those who demonstrate learning and behavioral challenges. When students are not yet proficient, despite high-quality core instruction and positive behavior support, a team of educators comes together in a problem solving setting to identify the academic and behavioral needs of those students.

RtI² currently is supported with staffing of .4 FTE at elementary sites with under 400 students, and .6 FTE for elementary sites with over 400 students. King is staffed at 1.0 FTE and Willard and Longfellow at .6 FTE.

The following document outlines the updates on the implementation of Response to Instruction and Intervention (RtI2) during the previous year and discusses the plans for this coming year.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the presentation on RtI².

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Debbi D’Angelo, Director, Evaluation and Assessment
DATE:         October 28, 2015
SUBJECT:  Indicators of Progress to Reduce Disproportionality

BACKGROUND INFORMATION:
In 2010-11, staff identified a number of District Indicators to monitor the District’s progress toward achieving its goals and closing the achievement gap.  While the Board has received the detailed Local Control Accountability Plan (LCAP) and LCAP Evaluation Goals 1-3 Report, the indicators enable the Board and the public to assess the impact of this work on eliminating disproportionality over time.  The seven indicators that have been selected are quantifiable. The indicators and outcomes attached measure the reduction in African-American disproportionality (as compared to those students who are White) over a three-year span looking at race and gender for K-12 students and trends by elementary, middle and high school level. The indicators include:

• Enrollment Trends for Teachers and Students
• Special Education Enrollment
• School Governance Council Membership
• Chronic Absenteeism
• Suspensions Overall and by Type
• Graduation Rates
• Drop-Out Rates

Staff will be presenting the indicators with a focus on preventing Suspension Disproportionality at Berkeley High School. 

The Berkeley Research, Evaluation and Assessment (BREA) Department is preparing an analysis of each site’s Indicators of Progress, so Principals can help their communities monitor their progress in addressing the needs of their students.

POLICY/CODE:
Education Code Section 52853(a)(4), 60600

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive as information the District Indicators of Progress to Reduce Disproportionality. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:           Donald Evans, Ed.D., Superintendent
DATE:            October 28, 2015
SUBJECT:    Board Policy 3580 – Document Retention

BACKGROUND INFORMATION:
Every district needs accurate and up-to-date policies in order to govern effectively. Board Policy 3580, Document Retention, is being presented to the Board for the first time; it is not a revised or update version.

The Governing Board recognizes the importance of securing and retaining district documents.  The Superintendent or designee shall ensure that district records are developed, maintained, and disposed of in accordance with law and Board policy.

The Board Policy Subcommittee has reviewed the Document Retention policy and is satisfied that it addresses the need for a secure document management system compliant with state and federal laws. This system provides for the storage, retrieval, archiving and destruction of district documents, including electronically stored information such as email. The policy also clarifies that text messages and voice mails shall not be archived. 

The policy further instructs the Superintendent or designee to immediately notify law enforcement of any potential security breach of district records

POLICY/CODE:
BB9310

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept Board Policy 3580 for First Reading

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education
FROM:         Donald Evans, Ed.D., Superintendent
DATE:          October 28, 2015
SUBJECT:  Board Policy 4121: Healthy Families Act

BACKGROUND INFORMATION:
Every district needs accurate and up-to-date policies to govern effectively. The Board and District administration review existing policies comprehensively to ensure they are legally compliant with current state and federal laws and make local adjustments accordingly.

The Board Policy Subcommittee is currently reviewing the proposed District Board Policy (BP) 4121 related to paid sick leave for temporary, non-regular, and substitute employees. The Policy Subcommittee has worked with District staff to ensure that these policies are up to date, in compliance with applicable state and federal law, and in alignment with California School Board Association (CSBA) exemplars and those of neighboring school districts

Beginning July 1, 2015, the Healthy Workplaces, Healthy Families Act (AB 1522, Ch. 317) requires districts to grant paid sick leave to temporary, non-regular, and substitute employees. The sick leave provisions added by AB 1522 do not apply to employees covered by collective bargaining agreements if the agreements expressly provide for paid sick leave for employees

To be eligible to use this paid leave, the employees must complete ninety (90) days of employment with the District and work thirty (30) or more days within a year from the beginning of employment. Eligible employees will be entitled at least twenty-four (24) hours of paid sick leave on an annual basis. 

The law also expands the purposes for which sick leave may be used to include:

• preventive care or the diagnosis, care or treatment of an existing health condition for an employee or the employee’s family member (expanded to include a registered domestic partner, grandparent and sibling)

• the need of an employee who has been a victim of domestic violence, sexual assault or stalking to obtain or seek relief (including social and legal assistance) or medical attention for himself/herself or his/her child

POLICY/CODE:
AB 1522 Healthy Workplaces/Healthy Families Act of 2014
Labor Code sections 245-249

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Accept for first reading Board Policy 4121: Paid Sick Leave for Temporary, Non-Regular, and Substitute Employees.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Supt., Educational Services
DATE:         October 28, 2015
SUBJECT:   ACOE Quarterly Report on Williams Uniform Complaints (July-September 2015)

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

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

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

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

Information about the standards is posted in every classroom along with the complaint procedure to follow if there is a concern that any standard is not being met. Staff is reporting to the Board the number of Williams complaints received between July and September 30, 2015. 

During this period he District received no facilities complaints under the Williams Case Settlement.

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive Williams Case Settlement Quarterly Report for information.

BERKELEY UNIFIED SCHOOL DISTRICT               

TO:            Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Assistant Supt. of Educational Services
DATE:       October 28, 2015
SUBJECT: Class Size Report

BACKGROUND INFORMATION:
Since 1987, Berkeley Schools Excellence Program (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all District schools. In 2006, BSEP Measure A reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to continue maintaining lower student-to-teacher class size ratio. Currently, BSEP funds approximately 30% of classroom teachers in our schools.

The class size goals of the measure are to maintain a district-wide class average of 20 students to one teacher in kindergarten through third grade, 26 students to one teacher in fourth and fifth grade, and 28 students to one teacher in sixth through twelfth grade.

Class size reports for the elementary, middle and high school will be presented and are attached.

In general, the class size goal was met except in 1^st and 2^nd grades where the district-wide class average is slightly over. A number of factors contributed to this:

• Enrollment increases overall and limited facilities options at elementary schools
• Significant enrollment increase over the years in what is now the 1^st and 2^nd grade
• District policy to not move students once they are assigned to a school

Middle school class averages met the BSEP goal.

While the average class size at the high school is 28, the October data generally represents the highest enrollment over the school year. The district staffs for an average of 28 over the school year. Enrollment at the high school historically decreases over the school year, and the average class size goal will be met.

POLICY/CODE:
Berkeley Schools Excellence Project, Measure A of 2006 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the Class Size report for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        October 28, 2015
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on March 12, 2014.  Data in this report are current as of

October 16, 2015. This report includes updates of all active construction projects.  Maintenance projects are detailed in the Maintenance Quarterly Reports.   

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         October 28, 2015

SUBJECT:   Quarterly Bond Financial Update

BACKGROUND INFORMATION:

This report is an update on the Measure I Facilities Construction Plan approved by the Board on March 12, 2014.  It includes all expenditures and income recorded in our system as of September 30, 2015.

This report is not intended as a comprehensive look at long range financial planning; that review occurs annually. 

There are two spreadsheets attached to this cover memo: one for Measure I and one for Measure AA. Please note that we did not include either the revenue or the expenditures of the Hillside sale, so this document is approximately $1.6 million less than is shown in the District’s financial record.

The remainder of this memo will define the modifications by budget on a school or program basis. The modifications are in comparison to the last Board Update on June 24, 2015.  

Total Expenditures Measure I

Willard Middle School

The planned expenses were increased by $205,000 for the Willard Modernization Project to account for unforeseen conditions during construction.

King Middle School

The planned expenses were increased by $14,750 for the King Gym Modernization Project to include additional testing to account for unforeseen conditions during construction.

Total Income Over Expenditure Measure I

The available balance has decreased by $409,750.  The amount available at the end of the bond period (2020) is $4,834,481.

Measure AA Expenditures

There are no updates to this section.

Total Income Over Expenditure Measure AA

The available balance has decreased by $19,019.  The amount available is $192,094.

POLICY/CODE:

None. 

FISCAL IMPACT:

As stated above.      

STAFF RECOMMENDATION:

Approve the financial update and revised allocations. The total of the two capital budgets has a balance of $5,026,575. 

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.