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.

BOARD OF EDUCATION
Meeting Location: 1231 Addison Street, Berkeley CA 94702
MEETING AGENDA
Wednesday, November 18, 2015

The Berkeley Unified School District intends to provide reasonable accommodations in accordance with the Americans with Disabilities Act of 1990. If a special accommodation is desired, please call the Superintendent’s Office 48 hours prior to the meeting at 510-644-6206

El Distrito Escolar Unificado de Berkeley tiene la intención de proporcionar adaptaciones especiales en conformidad con el Americans with Disabilities Act of 1990 (Ley de Americanos con Discapacidades de 1990). Si usted desea una adaptación especial, por favor comuníquese con el personal de la Oficina del Superintendente 48 horas antes de la reunión al 510-644-6206.

1.  Call to Order
The Presiding Officer will call the meeting to order at 5:30 p.m. The Regular Meeting will convene by 7:30 p.m. 

2.  Closed Session Public Testimony
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. 

3.  Closed Session
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 sections 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as 35146) Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda. 

3.1 Conference with Legal Counsel—Pending Litigation (Government Code Section 54956.9)
       3.1.1 Workers Compensation Claim/Case #10BSD0001 
3.2 Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
       3.2.1 Suspension of Classified Employee #9900
3.3 Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator Legal Counsel Roy Combs) BCCE, Local 21 and BFT Negotiations
3.4 Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
       3.4.1 District Negotiator: John Yeh, Legal Counsel
          Negotiating Party: REALM Charter
          Property: 1222 University
          Under Negotiation: Charter Renewal
       3.4.2  District Negotiator: David A. Soldani, Legal Counsel
          Negotiating Parties: City of Berkeley
          Property: 1231 Addison
          Under Negotiation: Price and Terms for Facility Use
3.5 Superintendent’s Evaluation (Government Code Section 54957)

4. Call to Order - 7:30 PM

5. Report on Closed Session

6. Approve Regular Meeting Agenda of November 18, 2015

7. Open Session Public Testimony (1st Opportunity)
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. 

8.  Union Comments
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union (order rotates).

Unions
Berkeley Federation of Teachers (BFT)
Berkeley Council of Classified Employees (BCCE)
Union of Berkeley Administrators (UBA)
Local 21

9.  Committee Comments
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue. 5 minutes per committee.

Committees
BSEP Planning & Oversight Committee
Berkeley Arts Steering Committee (BAESC)
Measure I Construction Bond Oversight Committee
Parent Advisory Committee (LCAP)
District EL Advisory Committee
PTA Council
Audit Committee

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

11.  Consent Calendar
11.1 Approval of Human Resources Reports
11.2 Approval of Master Contract for One Non-Public Residential School for 2015-2016
11.3 Approval of Master Contract for Non-Public School Services
11.4 Approval of Master Contracts for Three Non-Public Agencies for 2015-2016
11.5 Acceptance of Gifts/Donations
11.6 Approval of Payroll Warrants Issued in October 2015
11.7 Approve Listing of Bill Warrants Issued in October 2015
11.8 Approval of Contracts/Purchase Orders for Services and Contracts
11.9 Approval to Accelerate the Grounds Improvement Project at Rosa Parks and to Postpone the Grounds Improvement Project at Malcolm X
11.10 Approval of Board of Education Minutes for October 28, 2015
11.11 Approval of Overnight Field Trip for Academy of Medicine and Public Service (AMPS)
11.12 Approval of MK Think to Provide Professional Services of Educational Specifications

12.  Action Items
12.1 Request for Additional Bus Driver and One-Time Funding for the Transportation Department
12.2 Math Adoption for Common Core

13. Discussion Items
13.1 Ed Priorities Green Paper #3: Support for Teaching and Learning
13.2 Board of Education’s Evaluation of 2015

14. Information Items
14.1 BSEP Measure Planning Update
14.2 Report on Williams and Uniform Complaints (Qtr 3 2015)
14.3 Facilities Plan Update

15. Open Session Public Testimony (2nd Opportunity)
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.

16. Extended Board Member and Superintendent Comments
Board members and the Superintendent are given the opportunity to address any issue.

17. Adjournment

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:             November 18, 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:           November 18, 2015
SUBJECT:     Approval of Master Contract for Nonpublic Residential Facility Services for
                   the 2015-16  School Year   

Residential facilities and schools must be approved by the California Department of Education even when they are located out-of-state.  Services are provided pursuant to Ed. Code Section 56365. Students enrolled in nonpublic residential 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 $124,015.00 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           November 18, 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 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 $181,355.00 funded from the Special Education Budget. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           November 18, 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 $367,460.00 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:          November 18, 2015
SUBJECT:   Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board.  The following donations have been presented to the District:

1. The Benevity Community Impact Fund donated $200 to be utilized as needed for Thousand Oaks School.
2. AT&T donated $20 through the Your Cause Corporate Employee Giving Program to be utilized as needed for Thousand Oaks School.                   
   
3. One Love Cafe donated $3,000 through the Dine Out and Spring Gala 2015 events to be utilized as needed  for the Cooking and Gardening Program. 
4. Abby Sokoloff donated $15 for the school/library to be utilized as needed for Washington School.
5. General Mills donated $40,000 to be utilized as needed for the Cooking and Gardening Program.
6. Berkeley High School Development Group donated $21,758.39 to purchase technical equipment for the Arts and Humanities Academy (AHA) for  Berkeley High School.
7. Seneca donated $288 to purchase Walkie Talkie for Longfellow School.
   

BOARD POLICY:
BP 3290 

FISCAL IMPACT:
The District received a total $65,281.39 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:         Pauline Follansbee, Director of Fiscal Services
DATE:          November 18, 2015
SUBJECT:   Approval of Payroll Warrants Issued in October 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 October 2015.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,005,595.73 for October 2015 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in October 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Pauline E. Follansbee, Director of Fiscal Services
DATE:          November 18, 2015
SUBJECT:   Approve Listing of Warrants Issued in October 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 October 2015 are attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT: 
$5,080,072.15 for the month of October 2015 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          November 18, 2015
SUBJECT:   Approval of Contracts/Purchase Orders for Services and 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. Contract with ABC-CLIO to renewal online database for research at Berkeley High School for the period from 1/1/16 – 12/31/18. The cost will not exceed $12,334. To be paid from BSEP Library Fund.Requested by Becca Todd.
2. Ratification of contract with Frontline Technologies, to provide AESOP substitute management system for the Human Resources Department for the 2015/16 school year. The cost will not exceed $17,913.60. To be paid from General Fund. Requested by Delia Ruiz.
3. Contract with Berkeley Youth Alternatives to provide mentoring program for homeless students for the period from 11/19/15 – 6/30/16. The cost will not exceed $15,000. To be paid from McKinney-Vento Grant. Requested by Susan Craig.
4. Ratification of contract with Ninyo and Moore to provide geotechnical testing and observation services at LeConte Elementary and Thousand Oaks Elementary Portables. The Board approved $45,000 for combined consultant services on 6/24/15. Contract with Kister Savio is for the amount of $13,117.50. Contract with Ninyo and Moore is for the amount of $23,000. Increase of $15,000 is needed to bring the total contract amount to $51,117.50. To be paid from Measure I. Requested by Timothy E. White.
5. Increase in contract, PO#160138 to Dinelli Plumbing, to provide plumbing services as needed for the Maintenance Department for the 2015-16 SY.The Board approved $20,000 on 6/10/15.The additional amount will increase the purchase order by $20,000 for a total amount of $40,000.To be paid from Measure H.Requested by Steve Collins.
6. National Equity Project to provide leadership coaching services from 11/18/15 through 6/15/16. The cost will not exceed $10,000.  To be paid from General Fund. Requested by Maggie Riddle.
   

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D, Superintendent
FROM:           Timothy White, Executive Director of Facilities
DATE:            November 18, 2015
SUBJECT:     Approval to Accelerate the Grounds Improvement Project at Rosa Parks and Postpone the Grounds Improvement Project at Malcolm X

BACKGROUND INFORMATION:
The current approved plan from March 2014 shows a Grounds Improvement Project scheduled to occur at Malcolm X for the summer of 2016. This was based on the Malcolm X Stucco and Painting project happening in the summer of 2015.  On March 25, 2015 the Board rejected all bids for the Malcolm X Stucco and Painting Project.  After review of these projects, Staff believes that a large improvement to the grounds at Malcolm X would interfere with stucco and painting project.  Staff would like to postpone this project for summer of 2017.

On January 14, 2015, as a part of the Facilities Modifications, the Board approved shifting Rosa Parks Grounds Improvement from Measure I to Measure AA along with two other projects. Since Staff is unable to proceed with summer project at Malcolm X, Staff would like to accelerate the project at Rosa Parks. Both projects are the same size and were both allocated the same funding amount.  

The planning process will be accelerated in order to meet the public process timelines.  In December, Staff will request Board approval to hire a landscape architect to design the project and provide additional services to close out an uncertified DSA project on this site which will be required as a part of this process.   

POLICY/CODE:
None  

FISCAL IMPACT:
None at this time 

STAFF RECOMMENDATION: 
Approve the acceleration of the grounds project for Rosa Parks for Summer 2016 and postpone the grounds project for Malcolm X to Summer of 2017.

BERKELEY PUBLIC SCHOOLS

Board of Education
Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-6206
Official Minutes
October 28, 2015

President Appel called the meeting to order at 7:33 p.m. She reported that the Board convened to Closed Session at 5:45 p.m.

Roll Call: 7:35 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:

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

Suspension of Classified Employee 
Motion to suspend classified employee #9000:
Leyva-Cutler/Alper and unanimously approved 4-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Karen Hemphill, Director/Clerk – Not present for vote
Josh Daniels, Director – Yes
Ty Alper, Director – Yes

Settlement Agreement for Classified Employee   
Motion to approve settlement agreement for classified employee #9069: Daniels/Alper and unanimously approved 5-0

Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator Legal Counsel Roy Combs) BCCE and Local 21 Negotiations 

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

Workers Comp Claims (Government Code Section 54961)  

Intercare Claim #120500107
Motion to approve Intercare Claim #120500107:
Alper/Daniels and unanimously approved 3-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Not present for vote
Karen Hemphill, Director/Clerk – Not present for vote
Josh Daniels, Director – Yes
Ty Alper, Director – Yes

Intercare Claim #10BSD0097
Motion to approve Intercare Claim #10BSD0097: 
Alper/Daniels and unanimously approved 3-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Not present for vote
Karen Hemphill, Director/Clerk – Not present for vote
Josh Daniels, Director – Yes
Ty Alper, Director – Yes

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA 

Motion to approve regular meeting agenda: 
Hemphill/Keys and unanimously approved 7-0

PUBLIC TESTIMONY
A total of three people addressed the Board:

Monsir Ed, President of the Berkeley NAACP addressed BUSD employee complaints received by NAACP.

Valeri Tray Han addressed the application process for a teaching position in the African American Studies department at Berkeley High. 

Lynette Robinson requested that IEP information be provided to Instructional Assistants before beginning to work with assigned students.  

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Keys announced that BTA's unity week will conclude Friday with a Halloween carnival at the King Child Development Center.

Director Alper announced his office hours: last Sunday of the month from 4:00 to 6:30 at Casa Latina.

Director Daniels commended Director Beery for organizing an amazing BSEP event at Malcolm X. He reported that he attended a Restorative Justice meeting hosted by PCAD on Saturday. He also attended the P&O Committee meeting last night, where volunteers who help oversee the BSEP measure were acknowledged. He announced tomorrow night’s Bond Oversight Committee meeting at 1701 Oregon St. at 6pm. He also reported that there was a Policy Committee meeting today where much of its discussion centered on student discipline. He announced that the next Policy Committee meeting is on November 18 at 3:30 p.m. He then went on to point out that the Board Policies listed on the agenda as information items will come back to the Board for approval at the next meeting on November 4.With respect to information item 14.4, Class Size Report, he reported that we are meeting our target numbers; current class sizes are 20:1 for TK-3, 26:1 for 4-5, and 28:1 for 6-12. He concluded his comments by wishing all seniors a happy unity week. Office hours: Saturday, October 31 from 1:30 pm to 3 pm at Take One Café.

Director Paraiso-Arroyo reported that unity week has been running smoothly at BHS and said that it will culminate with unity day on Friday. He announced that there is a community meeting on public education, where President Appel will be speaking, on December 10th at BTA from 6pm to 8pm. 

Director Hemphill said that a booklet detailing one’s rights when stopped by the police was distributed at the restorative justice workshop she attended, and suggested that this booklet be made available to all of our students. As part of the Martin Luther King Committee, she announced they will be kicking off the process by which students will be honored this year. Elementary and middle school students can enter a contest by submitting an essay or a piece of art illustrating the life of Martin Luther King. At the high school level, students who exemplify what King stood for can be nominated. 

Vice President Leyva-Cutler reported that the first BSEP event was well attended and engaging. With respect to the student discipline policy, she suggested asking the public council to join the policy committee meeting for the discussion around the role of police in our schools. She announced that there is a Special Education meeting at Rosa Parks tomorrow night from 6:30pm to 8pm. As the Latino Heritage Month comes to an end, she said she will visit Emerson’s altar for Dia De Los Muertos. She concluded by alerting DELAC members, as well as members of the public, to the discussion on the English Learners Master Plan that will take place at the next Board meeting on November 4. Office hours: second Thursday of the month, 4:30pm to 6pm at Casa Latina.

President Appel congratulated Robert McCarthy, an exemplary math teacher at Willard, for his recognition by a production company that will document his work in integrating music and math. She also congratulated Leyva-Cutler who was recognized at last night's City Council meeting for her 35 years of service to children. She added that the Policy Committee will begin an in-depth look at the values relative to suspensions and expulsions, as well as alternatives to suspensions and out of class placements. She said they have already reached out to City Council for support in developing these policies. Office hours: November 21, 1pm at MoJoe’s Café.

Superintendent Evans assured viewers and attendees that BUSD is working closely with the students to enforce safety precautions in light of the attempted abductions. He reported that he attended the labor management institute on Oct. 21-22


APPROVE CONSENT CALENDAR 
Motion to approve consent calendar:
Hemphill/Alper and unanimously approved 7-0

ACTION ITEMS 

Request for Approval to Contract with Consultant to Perform Mitigation Impact Fees Analysis 
Director White encouraged the Board to approve contract with consultant to perform mitigation impact fees analysis. Questions and discussion followed.  

Motion to approve contract with consultant to perform mitigation impact fees analysis:
Alper/Daniels and unanimously approved 7-0 

DISCUSSION ITEMS 

Response to Intervention (RTI) 
Director of Schools K-8, Maggie Riddle presented the tiers of Response to Intervention (RTI). Her presentation provided an overview of the process by which students are referred to RTI, and how staff reviews and works together to respond to the referrals and conduct tier placement. Questions and discussion followed.  


Indicators of Progress to Reduce Disproportionality 
Debbie D'angelo’s presentation centered on focal areas of disproportionality and the factors impacting student learning time. Her presentation also included a three-year look at progress in the key areas of special education, chronic absenteeism and suspension in relation to student enrollment. Questions and discussion followed.  


ADJOURNMENT  
President Appel adjourned the meeting at 10:19 p.m.

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         November 18, 2015
SUBJECT:  Overnight Field Trip for Academy of Medicine and Public Service (AMPS) DATE CHANGE

BACKGROUND INFORMATION:
The following overnight field trip was approved last April. The original dates were October 29-30, 2015 and the trip has been rescheduled to November 19-20, 2015. 

The description of the trip as it appeared in the original board document appears below and the intent of this document is purely to advise the Board of the date change.

BHS AMPS Junior Retreat-Applegate, CA, November 19-20, 2015

Approve participation of 54 B.H.S. eleventh grade Academy of Medicine and Public Service (AMPS) students, and five teachers on a two-day, one-night field trip to the Jesuit Retreat Center.  The group will depart Berkeley High School on Thursday, October 29, at 8:30 a.m., and return Friday, October 30, at 3:30 p.m.  AMPS Juniors will participate in a Junior Retreat /Community Building. The goal is to build a sense of purpose and show them the support they can provide one another as well as the support that they have within and from their teachers and families.  The retreat provides a space to reflect on the relationship between this support and academic success.  Students will stay in gender specific cabins.  BUSD or Michaels will provide transportation.  The total cost of $100 per student will be paid from AMPS/CPA Grant funding. No student will be denied access based on inability to pay.  Requested by: Erin Schweng, B.H.S. Vice Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D, Superintendent
FROM:     Timothy E. White, Executive Director of Facilities  
DATE:      November 18, 2015
SUBJECT: Approval of MK Think to Provide Professional Services for the Development of Educational Specifications

BACKGROUND INFORMATION:
On May 6, 2015 staff presented a proposal for the development of a Facilities Master Plan to the governing board.

On May 20, 2015 this item was revisited and a modified version of the Facilities Master Plan was presented that focused on Educational Specifications, demographic analysis and future student housing needs.

On June 10, 2015 the governing board approved the scope of Phase One of the Districts Facilities Planning Process. There was consensus on the board that the master planning process needs to include an opportunity for the Berkeley community to be engaged in the process.

Staff is requesting the approval to contract with MK Think to provide the requested services. MK Think was one of three firms that responded to the Request for Proposal and was capable and qualified to perform complex school facilities master planning services. The cost of service is approximately $100,000. This cost leaves a budgetary balance of approximately $200,000 in our planning allocation.

Below is a schedule of milestones associated with this Educational Specification and facilities analysis and planning process.

TIME OF PERFORMANCE:

1. Anticipated Output and Outcomes

   The primary output of this scope of work will be a set of detailed facilities-level requirements for the various academic and support service programs operating in Berkeley Unified School District. The specifications will include visualizations and illustrations to graphically represent the program requirements. The Educational Specifications document shall be delivered in hard copy and in digital format on a publically accessible website. The outcomes of this work should feed directly into the development of a comprehensive facilities master plan.

   The tasks associated with this scope of work are divided into three phases: Discovery, Assessment, and Strategy.

   Discovery: This phase includes the collection of existing data relevant to district-wide demographic and enrollment trends, facilities, conditions, and board policies. This phase also includes the development and implementation of a stakeholder engagement plan to collect the qualitative data associated with academic programs and facilities requirements.

   Assessment: This phase of work includes an analysis of the information collected in the discovery phase, the development of visual representations of the educational specifications, and the production of a draft specification document and website.

   Strategy: The work in this phase includes multiple presentations of the draft educational specifications to district staff, stakeholders, and community members, along with the refinement of the final educational specifications document and website.

2. Phase 1: Discovery

   1. Work with district staff to identify needs and goals for the development of educational specifications

   2. Collect and review existing relevant data associated with district-wide demographic and enrollment trends

   3. Collect existing information relevant to the condition and assessment of existing facilities

   4. Obtain and review existing board policies related to design standards, current facilities projects, and district strategic goals and priorities

   5. Coordinate with Facilities Planning staff to develop an Educational Specifications Advisory Committee and all appropriate subcommittees

   6. Identify one representative of all necessary stakeholder groups in the detailing of educational pedagogies, academic programs, operational functions, and community services associated with school facilities in Berkeley, contributions from the following staff members may be appropriate:

      1. Board Members

      2. Administrators

      3. Teachers

      4. Paraprofessional Instructional Staff

      5. Special Program Staff

      6. Clerical Staff

      7. Maintenance, Grounds, and Custodial Staff

      8. Food Services Staff

      9. School Nurses

      10. Students

      11. Parents

      12. Community Groups

      13. City and County Officials

   7. Develop stakeholder engagement plan, including up to two interviews with stakeholder representatives

   8. Engage staff members in the definition of academic program needs and operations

   9. Develop data collection and/or survey forms for the collection of facilities-level information related to academic program requirements, the following is a list of some examples of data to be collected:

      1. Building Design Concepts

      2. Building Systems

      3. Site Considerations

      4. Activity Areas

      5. Microenvironment Spaces

   10. Distribute data collection forms to all relevant stakeholders

   11. Develop a centralized database system to house academic program and facilities-level data

3. Phase 2: Assessment

   1. Determine effectiveness of existing educational environments through comparative analysis of relevant variables

   2. Translate collected data into requirements or specifications

   3. Develop educational specifications related to project design factors (e.g. Building systems, sites considerations, etc.)

   4. Develop educational specifications related to all specialized activity areas

   5. Develop diagrams, illustrations, renderings, and other visual tools for illustrating and communicating educational specifications

   6. Develop draft educational specifications Document

   7. Develop website location to house educational specifications and supporting illustrations, include an online feedback form

4. Phase 3: Strategy

   1. Present and review draft educational specifications to district staff and stakeholder representatives for review and approval

   2. Present and review draft educational specifications to community members for feedback

   3. Refine educational specifications as per feedback from district staff and community members

   4. Present final educational specifications to the Board of Education for adoption and approval

Such services shall be performed consistent with the highest standard of care for professionals performing similar scopes of services.

POLICY/CODE:
Public Contract Code 20110 – 20118

FISCAL IMPACT:
Cost to be paid from measure I. Not to exceed $110,000 from Current allocation of $300,000. Remaining funding to be reserved for Phase 2 of the Facilities Master Planning process.

STAFF RECOMMENDATION:
Approve contract with MK Think for Educational Specification and Facilities Planning Analysis.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D. Superintendent
FROM:        Timothy Mull, Transportation Manager
                    Javetta Cleveland, Deputy Superintendent
DATE:         November 18, 2015
SUBJECT:  Request for Additional Bus Driver and One-Time Funding for the Transportation Department

BACKGROUND INFORMATION:

Staffing School Bus Driver
Transportation has challenges maintaining a fully staffed school bus driver core.  For the last two years, on a daily basis, the department has been understaffed to the point where current “stand by” cover drivers are operating routes for assigned drivers that are absent for a variety of reasons. During that period, the department is always down one to two drivers (sometimes as many as six). The issue of absenteeism, in addition to the additional buses needs to service Le Conte’s TWI program, creates challenges to provide on time home-to-school and academic and athletic activity trip services to our students and families.  Staff is requesting an additional .8 FTE School Bus Driver “cover” position. This will provide a reliable cover driver that will be available to cover absences and activity trips daily. Most of the cost for the additional driver will be offset by a reduction in substitute cost already budgeted.

One Time Funding for Bus Repair
Our school bus fleet is aging. The District no longer has a bus replacement fund in which general funds were transferred on an annual basis. This fund was discontinued during the State recession. The District’s Type II (small) buses are 9 years old and now out of warranty. The Type I (large transit) buses range in age from13-19 years and are exhibiting symptoms that will soon lead to serious mechanical failures that are becoming more costly to the District. Our V&E Mechanic staff has identified substantial engine oil discharges in our older fleet vehicles that not only will contaminate the environment but also soon lead to failure of the clean air emissions system and complete engine failure. In addition to engine failure, our transit vehicles are experiencing turbo charger failure. Due to an aging fleet, many of the bus passenger seats and frames are in disrepair. Much is cosmetic (torn seats, etc.…) but there are also seat frames that are in need of repair.

At the beginning of fiscal year 2015-16, staff submitted a budget and received some one-time funding that addresses some but not all of these needs.  Staff is experiencing more issues than anticipated and needs additional one time funding for the following repair shops; A-Z Bus, Supreme Interiors and One Stop.

We are currently in need of 4 engines (Bus 26, 32, 29 and 25) at a cost of $30,000 each, 4 turbo chargers (bus 26, 29, 32, 25) at a cost of $6,000 each and $6,000 for seat repair.  Staff is requesting Board approval for bus repair in the amount of $150,000.   

POLICY/CODE:
N/A

FISCAL IMPACT:
An additional base grant contribution will be needed for a .8 FTE School Bus Driver at $44,821 less savings of $30,360 from the substitute bus driver budget for a total ongoing cost of $14,461.  An additional one-time base grant contribution will be needed at $150,000 for bus repair cost.

STAFF RECOMMENDATION:
Approve the bus driver position and one-time funding described above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D, Superintendent
FROM:    Pasquale Scuderi, Assistant Superintendent of Educational Services
DATE:     November 18, 2015
SUBJECT:   Common Core Math Adoption

BACKGROUND INFORMATION:
Beginning in December of 2014, a group of teachers, administrators, and district staff members began examining a variety of curriculum options for a forthcoming K-8 math curriculum adoption.

In addition to the group holding multiple working meetings it combined analysis of the curriculum from both individual teachers and a collective analysis of select programs using the Instructional Materials Evaluation Toolkit (IMET). The IMET is a rubric and evaluation tool designed by Achieve the Core, a group of educators and researchers who were instrumental in creating the new Common Core standards. These educators are not connected to any publisher or producer of common core materials.

Last winter, the group examined an initial set of curriculum options and a subcommittee did the preliminary work of assessing and then eliminating materials that did not meet, address, or appear to be aligned with the basic architecture of the new standards. This initial evaluation criteria also sought evidence of support for the three major shifts in common core mathematics; namely, a narrow and deepened focus on standards, coherent and connected progressions from grade to grade that build on previous learning, and rigor, including a deeper conceptual understanding of mathematics.

Following this preliminary analysis, two different curriculum options remained. The committee, working in teams, continued its analysis of materials through the next steps of the IMET, focusing on alignment criteria including rigor and balance, an authentic connection between the content standards and the practice standards, supports for English Learners and other special populations, and access for all students.

The group’s analysis resulted in the preliminary recommendation to continue working with A Story of Units and A Story of Ratios through the 2017-2018 school year.

At this point staff proposes to work with both of the aforementioned curricula through the 2017-2018 school year. Historically curriculum adoptions last on average 5 to 7 years. The newness of the common core state standards leads us to recommend a shorter term adoption at the moment. We anticipate significant numbers of additional curricular options being available in the near future. 

POLICY/CODE:
BP9310
AR9310

FISCAL IMPACT:
TBD

STAFF RECOMMENDATION:
Receive this report and provide direction.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:    Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:     November 18, 2015
SUBJECT:   BSEP Paper #3: Providing the Essentials for Educational Excellence

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 then 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.

Those outcomes are derived from an educational program that is rich in contextualized and experiential learning and doing, led by creative and professional teachers who are also given regular opportunities to further develop and refine their practice.

This paper, the third in a series of papers discussing the major components of BSEP, offers a broader rationale for investments in staffing and efforts that support structures and resources for the continued support of teachers and their professional development.

This paper serves as a philosophical and pedagogical rationale for continued BSEP investments in specific areas of our program that support professional growth for teachers.

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.

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Receive the Report

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Board of Education
FROM:         Judy Appel, Board President
DATE:         November 18, 2015
SUBJECT:   Board of Education’s Evaluation of 2015

BACKGROUND INFORMATION:
School boards evaluate themselves to demonstrate that districts leadership is committed to continuous learning at every level. By conducting self-evaluation, boards help create the culture that makes it safe to reflect on performance in order to improve it. School boards also evaluate themselves to demonstrate accountability to the community that elected them. As an elected entity, the board has an obligation to report back to the community on how it is performing in its service to the students and the district that serves them.

The Board President will make a brief presentation and then there will be time for an open discussion to provide each Board member with an opportunity to share their opinion on what was successful and what is in need of improvement with respect to the following principles:

·         Keeping the District focused on learning and achievement for all students
·         Communicating a common vision
·         Operating openly, with trust and integrity
·         Governing in a dignified and professional manner, treating everyone with civility and respect
·         Governing within Board-adopted policies and procedures


POLICY/CODE:
N/A

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Discuss the successes and challenges of 2015.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Natasha Beery, Director of Public Relations
DATE: November 18, 2015
SUBJECT: BSEP Measure Planning Update

BACKGROUND INFORMATION:
The local tax known as the Berkeley Schools Excellence Program (BSEP) has made a significant difference in the quality of our schools and the fiscal stability of our district since 1986. Thanks to BSEP, students in Berkeley public schools benefit from funding for key elements of our district'slower educational program, including lower class sizes, libraries, music, school enrichment/discretionary funds, technology, professional development, program evaluation, public information, translation, and parent outreach.

The current measure, the Berkeley Public Schools Educational Excellence Act of 2006 (Measure A), expires at the end of FY 2016-17. An updated measure will go before the voters on November 8, 2016. This update to the board on the planning process for the next BSEP measure follows reports presented on March 12, 2014, November 14, 2014, January 28, 2015, June 3, 2015, and September 30, 2015.

BSEP Planning Status Report
Each BSEP measure has evolved through a process of adjusting its components, given district educational priorities and the funding sources available. This report summarizes progress made since the last board report on September 30th in the three major components of the planning process:

• Educational Priorities: an examination of the components of the current measure and review of key issues related to each area;
• Budget Models: an analysis of financial scenarios;
• Public Process: the methods of community input for decision-making

Educational Priorities
The Assistant Superintendent for Educational Services will present to the Board this evening the last of a series of three reports summarizing the development and current status of current BSEP-funded programs, outlining challenges and opportunities in each program area. These reports are being published on the BSEP Measure Planning “Forums and Presentations” webpage: 

1) The Essentials for Excellence (including class size reduction, music and performing arts, expanded course offerings and site discretionary funds, libraries and technology) – presented September 30, 2015;

2) Support for Students and Families (including parent outreach, counseling, public information, communication, translation, and community engagement) – presented October 14, 2015;

3) Support for Teaching and Learning (including professional development and program evaluation, and program support) – November 18, 2015.

Budget Models
The Superintendent’s budget models working group has been meeting since early 2015 to review fiscal issues involved in BSEP resources. This budget analysis provides the groundwork for the parameters used for board and committee discussions as well as community budget workshops. The analysis involves building fiscal models that take into account potential variations in revenues (primarily linked to taxable properties and tax rates), as well as major components of costs (linked to enrollment, compensation costs, program elements and staffing models), along with the availability of other funding sources.

Previous updates to the Board have outlined some of the changes in state and district budgets since the last measure was written in 2006. There are numerous elements to be considered in constructing the BSEP measure, including such factors as the growth in district enrollment, increased compensation costs, the recent lower cost of living (COLA) increases applied to the BSEP tax rate, the 2012 Borikas v. Alameda USD ruling which requires a uniform tax rate, and the increasing costs related to district fund support for state pensions in STRS and PERS.

Since the BSEP Measure dedicates 66% of revenues to the purpose of class size reduction (CSR), that portion of the measure requires especially careful consideration. In the 2006 measure, the CSR resource is structured so that after specified class size targets are reached, remaining funds may be expended for the purposes of middle school counseling, expanded course offerings at the secondary school, and academic program support. In recent years, the costs of the primary purpose of class size reduction have absorbed nearly the entire BSEP CSR resource, leading to a reduction in programs and/or a shifting of costs back to the General Fund. In planning for the next measure, the question of how to structure a class size reduction component is paramount to ensuring the sustainability of the BSEP measure structure and the support of vital programs.

Prior to 1996, the BSEP measure goal was to reduce class size to 25:1 in K-5^th grades. After the state introduced a Class Size Reduction target of 20:1 for K-3^rd grades, and provided a significant financial reward for achieving that target, BUSD was able to fully qualify for the state CSR fund, thanks to BSEP financial support for that goal. However, since 2012, with the state’s new Local Control Funding Formula, the funding for class size reduction support was reduced from $2.6 million to $1.9 million, and the target class size was adjusted from 20:1 district-wide to 24:1 in K-3 as a school-wide average.  This change in funding, as well as logistical issues with the BUSD’s current class size model of 20:1 in K-3, jumping to 26:1 in 4^th and 5^th, along with questions about facilities and enrollment growth, are leading to a reexamination of the optimal and affordable class size configuration for BUSD schools. The budget models group and Superintendent’s Executive Cabinet are currently engaged in reviewing options, and will bring initial recommendations to the Board for discussion in January and/or February after first interim 2015-16 budgets are completed and more is known about budget forecasts for 2016-17.

Public Process and Community Outreach
On October 22, 2015, a preliminary BSEP budget public workshop was held, following the annual orientation for school and district committees. With 180 community members in attendance, a budget “thermometer” exercise was conducted, using a simplified visual budget tool similar to that used in prior BSEP measure planning processes. The budget model was based on projected costs and revenues for the 2017-18 fiscal year, and demonstrated that maintaining the current level of program support from BSEP exceeds the revenue projections based on the current measure rate and structure. Table groups used this model as a discussion tool to review program priorities. The workshop also included an overview and discussion of class size reduction issues and preliminary scenarios. From the 20 tables, 13 table leaders provided notes from the discussion, summarized in Appendix A.

Another community budget workshop is being planned for February 25, 2016, with wide publicity planned to reach Berkeley parents, students, staff and voters. There will also be smaller focus groups held in February and March at schools sites and with various stakeholder groups. Meanwhile, the BSEP Planning and Oversight Committee has also been reviewing the current measure components and will structure future meetings to include opportunities to provide feedback to district managers and the Superintendent on measure components and structure.

Furthermore, in order to provide some preliminary parameters for discussion, a small-scale voter poll was conducted in September, examining voter attitudes toward the district and the tax measure. The poll found strong voter satisfaction with the Berkeley Public Schools and a general inclination towards renewal of the special tax measure. This poll did not go into specific purposes of the measure, other than two questions which asked about attitudes towards class size. An additional poll will be carried out in the early spring of 2016 in order to assess voter support for specific elements of the measure, once additional focus groups and other planning processes have further clarified the direction of the 2016 measure.

Meanwhile, a variety of communication channels are being used to build awareness both of the current BSEP measure and the planning process for the next measure. The Superintendent is reaching out to district partners, business and community groups and PTAs to ensure their awareness of BUSD educational programs and encourage their involvement in the planning process. The Superintendent and BSEP Director are making presentations to local community groups, gathering their opinions, and adding members to the A+ news lists to keep them informed.

In order to keep the wider community informed, the Biannual newsletter which is mailed to Berkeley residents always contains information about BSEP, and the next edition, planned for early January, will include an invitation to the February public workshop. A BSEP blog page has been created on the district website with a timeline, updates on planning process, and links to information about the measure, as well as a place to sign up for ongoing email updates and invitations to events.

Over the next few months, the BSEP Budget Models Group, the BSEP P&O Committee, and the Superintendent’s Executive Cabinet will continue to review the components of the current measure and options for the tax measure renewal. The Board will next receive a report on BSEP Measure A of 2006 at the second Board meeting in January, with the BSEP Annual Report for 2014-15 and the First Interim for 2015-16. These two reports will provide a view of the fiscal trajectory and latest educational accomplishments from the current measure, now in the ninth year of its 10-year lifespan. A careful scrutiny of the successes and challenges in the current BSEP Measure is essential to ensuring that the next BSEP measure is constructed to best provide opportunities for excellence, equity, engagement and enrichment for all Berkeley students.

POLICY/CODE: 
Berkeley Public Schools Educational Excellence Act of 2006
(Measure A of 2006)

FISCAL IMPACT:
The Berkeley Public Schools Educational Excellence Act of 2006 currently provides approximately 20% of the District's combined General Revenue, and funds one-third of the District's classroom teachers. BSEP revenues projected for FY 2015-16 are $24,920,954.

STAFF RECOMMENDATION:
Receive the BSEP Measure Planning Update

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Dr. Susan Craig, Director, Student Services
DATE:        November 18, 2015
SUBJECT:  Report on Williams and Uniform Complaints (Qtr 3 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.

4)      Students who have not passed the California High School Exit Exam by the end of grade 12 should be provided the opportunity to receive intensive instruction and services after completion of grade 12 for up to two consecutive years. 

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

Staff is now reporting that between July 1, 2015 and September 30, 2015 there was one (1) allegation of a violation in area 1 and that matter has been resolved.  

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D, Superintendent
FROM:          Timothy E. White, Executive Director of Facilities
DATE:           November 18, 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

November 10, 2015. This report includes updates of all active construction projects.  Maintenance projects are detailed in the Maintenance Quarterly Reports.    

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