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Regular Meeting
Berkeley USD
December 09, 2015 6:00PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 6:00 PMWas edited within 72 hours of the Meeting
Quick Summary / Abstract:

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


2. Closed Session Public Testimony
Quick Summary / Abstract:

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
Quick Summary / Abstract:

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.

3.1. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
Speaker:
Evelyn B
3.1.1. Suspension and Demotion of Classified Employee #1966
Time Certain:
6:00 PM
Speaker:
Evelyn Bradley
3.1.2. Separation Settlement Agreement With Classified Employee #9577
Speaker:
Delia Ruiz
3.2. Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator Legal Counsel Roy Combs) BCCE, Local 21 & BFT Negotiations
Speaker:
Roy Combs, Javetta Cleveland, Delia Ruiz
3.3. Superintendent's Evaluation (Government Code Section 54957)
4. Call to Order - 7:30 PM
5. Yearly Organizational Requirements
5.1. Appointment of Chair, Vice Chair, Secretary and Clerk
5.2. Approval of Proposed Regular Board Meeting Schedule for 2016
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 9, 2015
SUBJECT: Proposed Regular Board Meeting Schedule for 2016

BACKGROUND INFORMATION:
The proposed Regular Board Meeting Schedule for 2016 includes 21 regular meeting dates and one Board retreat. The meeting dates have been determined with the consideration of major religious holidays as well as major school events and breaks. 

POLICY CODE:
None

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Approve the Proposed Regular Board Meeting Schedule for 2016.


 
Attachments:
Proposed Board Meeting Dates for 2016
5.3. Approval of Proposed Committee, Workgroup and School Assignments for 2016
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 9, 2015
SUBJECT: Proposed Committee, Workgroup, and School Assignments for 2016

BACKGROUND INFORMATION: 
Board participation on the various committees, workgroups and schools serves to create and maintain a collaborative relationship between the District and the community while supporting Board policies and mutual objectives. 

In 2015 Board members served on the following committees and workgroups:

  • 2x2
  • Audit
  • BSEP Planning & Oversight
  • BTSA
  • Construction Bond Oversight Committee 
  • District English Language Advisory Committee/English Language Parent Advisory Committee (DELAC/ELPAC)
  • Measure H/Maintenance Oversight Committee
  • Parent Advisory Committee (PAC)
  • Policy Committee
  • PTA Council
  • Student Attendance Review Board (SARB)
  • Superintendent Budget Advisory Committee
  • Alameda County School Boards Association
  • BSEP Renewal Planning Workgroup
  • Cesar Chavez Commemorative Workgroup
  • Next District Strategic Plan Workgroup
  • Restorative Justice/School Climate Committee
  • 2020 Vision Leadership Team

For 2016, the attached assignments to committees, workgroups and schools are being proposed. 

POLICY CODE: 
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the proposed committee, workgroup, and school assignments for 2016.



 
Attachments:
2016 Board Committee Assignments
2016 Board Member School Assignments
6. Report on Closed Session
7. Approve Regular Meeting Agenda of December 9, 2015
8. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. 

9. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
10. Committee Comments
Quick Summary / Abstract:
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.
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources ReportsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:              December 9, 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.










 
Recommended Motion:



Attachments:
Certificated Personnel Report
Classified Personnel Report 12.09.15 v2
12.2. Overnight Field Trip Requests
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         December 9, 2015
SUBJECT:   International Trip Proposal & Overnight Field Trips

BACKGROUND INFORMATION:
The following proposed international and overnight field trip requests are being made:

Berkeley High School Jazz Ensemble Proposed Tour of Cuba, January 22-30, 2016
Approve participation of twenty-six Berkeley High School Jazz Ensemble students, at least 3 teachers and six other adults on a nine-day, eight-night trip to Cuba. The group will depart on Friday, January 22, and return on Saturday, January 30, 2016, with specific flights to be coordinated by Plaza CUBA.

Plaza Cuba is a humanitarian-based arts organization that fosters the investigation and preservation of Cuban music and culture throughout the Americas.  In the twelve years since its inception, Plaza CUBA has organized over 25 different trips to Cuba, including music and dance workshops, humanitarian aid missions and artistic exchanges. 

Actual classes and events will be jointly developed based on the needs and desires of the group, under the direction of music teacher Sarah Cline from the Berkeley High Jazz Program. The tour will include a variety of classes with four to five hours of instruction per day, including lectures, classes on individual instruments, rhythm workshops and ensembles. Master teachers will include internationally known musicians and professors from various music schools.  Classes will take place at the National School of Music or other music schools in Havana.  Students will have opportunities to play with Cuban music students and also perform.

The cost per student is currently projected to be approximately $4,000 including airfare and incidentals.  Plaza CUBA’s service includes:

  • accommodations with breakfast and dinner
  • travel license for the group to engage in educational activities in Cuba
  • travel assistance – guidance booking flights via commercial air carrier to New York or Miami, and by charter flight to and fromHavana, Cuba
  • airport transfer from/to Havana airport
  • ground transportation with an English-speaking guide for planned activities
  • daily classes
  • other activities (for example: City Tour, Music and Dance
  • performances, Excursion outside of Havana)
  • on the ground assistance with a PlazaCUBA logistical coordinator;

The group may also be accompanied by a representative of the Cuban government.

Plaza CUBA offers three and four star hotel accommodations at Hotel Kohly, Hotel Riviera, or Hotel Palco.  All room assignments will be gender specific and supervised.  Families are asked to pay one-half of the cost of the trip, with the other half being paid with funds provided by the Berkeley High Jazz Parents Association.  The Association is prepared to provide need-based scholarships to students in appropriate cases, so that no student is denied access based on inability to pay. 

The trip will require teachers and students to miss six days of instruction. 

Requested by: Sam Pasarow, BHS Principal.

BHS Jazz Lab I, Santa Cruz Jazz Festival, Santa Cruz, CA March 18-19, 2016
Approve participation of twenty-six students, one teacher and seven other adults from Berkeley High School’s Jazz Lab I class, on a two-day, one-night field trip to the Santa Cruz Jazz Festival.  The group will depart from BHS at 8:30 a.m. on Friday, March 18, and return home with their parents at approximately 4:00 p.m., on Saturday, March 19, 2016.  Combos play music composed and arranged by students.  The festival includes many high school groups which will enable students to focus on analyzing the elements that make a good performance.  Students will stay in supervised, gender specific rooms at the Best Western Hotel in Aptos. 

Students will travel with volunteer parent drivers to and directly home from the event.  Parents will submit a “Notification of Adults Driving Private Vehicles” as required by Resolution 04-65.  The $2500 cost is being paid with BHS Jazz Association funds.  The substitute will be paid from BHS site funds.  No student will be denied access based on inability to pay.  Requested by: Sam Pasarow, BHS principal.

BHS Jazz Lab IIa, Jazz Lab IIb, Jazz Ensemble, Reno Jazz Festival, Reno, CA April 29-30, May 1, 2016
Approve participation of sixty students, one teacher and 18 other adults from Berkeley High School’s Jazz classes, on a three-day, two-night field trip to the Reno Jazz Festival.  The group will depart from BHS at 8:30 a.m. on Friday, April 29, and return at 5:00 p.m., on Sunday, May 1, 2016.  Combos play music composed and arranged by students.  The festival includes many high school groups which will enable students to focus on analyzing the elements that make a good performance.  Students will stay in supervised, gender specific rooms at the Circus Circus Reno.  Students will travel with volunteer parent drivers to and from the event. Parents will submit a “Notification of Adults Driving Private Vehicles” as required by Resolution 04-65. The $4500 cost is being paid with BHS Jazz Association funds. No student will be denied access based on inability to pay.

Requested by: Sam Pasarow, BHS Principal

Anaheim Lions Baseball Tournament-Anaheim, CA, March 25-30, 2016
Approve participation of 18 Berkeley High School varsity baseball players 1 coach and three assistant coaches on a six-day, five-night field trip to the Anaheim Lions Spring Baseball Tournament in Anaheim, CA. This is national tournament rated among the top three in the US for high school teams. Teams will bond and experience high quality competition and improved skills. The group will depart from BHS at 9:30 am on Friday March 25 and return to BHS at 8:00 pm on Wednesday, March 30, 2016. Parents and coaches will drive per BUSD driver policy. Students will sleep in hotel rooms at Quality Suites, John Wayne Airport and the team is all male. The $6000.00 total cost is being paid by Berkeley Athletic Fund Baseball Restricted (Baseball fundraising) account. 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.




 
12.3. Approval of Contracts/Purchase Orders for Services Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          December 9, 2015
SUBJECT:   Approval of Contracts/Purchase Orders for Services Contracts

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

  1. Contract with Custom Benefit Administrators to provide direct billing for Cobra and Flex Spending Plan administration for the period from 1/1/16 – 12/31/16. The cost will not exceed $18,700. To be paid from General Fund.Requested by Kimberle Sanders.
  2. Contract with Baker Vilar Architects to provide architectural services to the DSA closeout of Rosa Parks Elementary School. The cost will not exceed $25,000. To be paid from Measure AA. Requested by Timothy E. White.
  3. Contract with Intertek-ATI to provide services for investigation and report for Malcolm X School. The cost will not exceed $30,000. To be paid from Measure I. Requested by Timothy E. White.
  4. Contract with Christina Jack to provide NITT-AWARE-C Youth Mental Health First Aid Grant Management for the period from 12/10/15 – 6/30/16. The cost will not exceed $36,000. To be paid from General Fund. Requested by Susan Craig.
  5. Contract with Lisa Krones-Whalen to provide art instruction coaching for Rosa Parks Visual Arts for the period from12/10/15 – 6/15/16. The cost will not exceed $10,000. To be paid from Restricted PTA Donations and BSEP Music Fund. Requested by Peter Gidlund.
  6. Ratification of contract with FME Culture to provide after-school enrichment program at Berkeley Arts Magnet  for the period from 9/15/15 – 6/17/16. The cost will not exceed $13,000. To be paid from After-School PTA Fund. Requested by Aaron Jorgensen.
  7. Contract amendment  with Rudy’s Commercial Refrigeration to provide repair services to the Nutrition Department for the 2015/16 SY. The original contract was $9999 and an additional $10,001 is need for a total of $20,000. To be paid from Cafeteria Fund. Requested by Marni Posey.
  8. Ratification of contract with Infocus Video, to provide camera system replacement at Willard Middle School for 2015/16 SY. The cost will not exceed $46,000. To be paid from Measure H. Requested by Timothy E. White.
  9. Ratification of contract with Administrative Software Application to provide maintenance and support for ASAP modules for the period from 7/1/15 – 6/30/16. The cost will not exceed 11,420. To be paid from Adult Education Fund. Requested by Thomas Reid.

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

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



















 
12.4. Approval of Listing of Bill Warrants Issued in November 2015
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:         Pauline E. Follansbee, Director of Fiscal Services
DATE:          December 9, 2015
SUBJECT:   Approval of Listing of Warrants issued in November 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 Urestricted General Funds. The summaries of warrants issued in the month of November 2015 are attached for the Board's review. 

POLICY/CODE:
Education Code Section 41010 et. seq.

FISCAL IMPACT:
$3,656,688.91

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




 
Attachments:
Bill Warrants Issued in November 2015
12.5. Approval of Payroll Warrants issued in November 2015
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pauline Follansbee, Director of Fiscal Services
DATE:          December 9, 2015
SUBJECT:   Approval of Payroll Warrants Issued in November 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 November 2015.

POLICY/CODE:
Educational Code 41010 et. seq.

FISCAL IMPACT:
$7,979,253 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in November 2015.


                                                                         







 
Attachments:
Payroll Warrants Issued in November 2015
12.6. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:          Javetta Cleveland, Deputy Superintendent
DATE:           December 9, 2015
SUBJECT:    Acceptance of Gifts/Donations

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

  1. Tides Foundation donated $2,000 for art materials and supplies for Longfellow Middle School.
  2. Ackerman’s donated $13.51 to be utilized as needed for Thousand Oaks School.
  3. Wells Fargo Bank donated $1,083.68 through their Community Support Campaign to be utilized as needed for Rosa Parks Elementary School.
  4. Dorian Photography donated $408.88 to be utilized as needed for Oxford School.
  5. Target Corporation donated $711.39 through their Take Charge of Education Program to be utilized as needed for Cragmont School.

BOARD POLICY:
BP 3290 

FISCAL IMPACT:
The District received a total $5,554.95 in donations.

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





 
12.7. Approval of Master Contracts for Non-Public Agencies for the 2015–2016 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           December 9, 2015
SUBJECT:      Approval of Master Contract for Nonpublic Agencies for the 2015-2016 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. 

Non Public Agency

FTE

Estimated Total Cost

The Speech Pathology Group-Speech & Language Services

6.0

$847,572.60

The Speech Pathology Group- Behavior Intervention Services

6.0

$487,250.00

TOTAL


       $1,334,822.60       

POLICY/CODE:
Education Code 39800
Board Policy 33

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $1,334,822.60 funded from the Special Education Budget.

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








 
12.8. Ratification of MOU with Alameda County Behavioral Health Care Services for the 2015-2016 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Lisa Graham, Director of Special Education
DATE:         December 9, 2015
SUBJECT:  Ratification of MOU with Alameda County Behavioral Health Care Services for
the 2015-2016 School Year

BACKGROUND INFORMATION:
The District contracts with Alameda County Behavioral Health Care Services (ACBHC) for In-State Mental Health Services for sixty-three BUSD students for the 2015-2016 School Year (SY).  The Board approved contract amount of $738,153 for the 2014-2015 SY. Staff is requesting ratification of Contract for 2015-2016 SY in the amount of $595,000.00.

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
Alameda County instituted a variable increase in CPU (Cost Per Unit) fees for services to BUSD students.  This increase ranges from $ .20 to $ 2.46 per unit of service.

Alameda County is serving a significant decrease in numbers of BUSD students in the 2015–2016 SY due to matriculation, changes in placement, graduation and students leaving the district. Therefore the amount not to exceed is $595,000 which is $143,153 less than the prior year.

STAFF RECOMMENDATION:
Ratify Contract to Alameda County Behavioral Health Care Services for FY 2015-2016 services.






 
12.9. Approval of Contract for Restorative Practices Consultant at BHS for the 2015-2016 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D, Superintendent
FROM:     Pasquale Scuderi, Assistant Superintendent, Ed Services
Sam Pasarow, Principal, Berkeley High School
DATE:      December 9, 2015
SUBJECT:    Contract for Restorative Practices Consultant at BHS for the 2015-2016 School Year

BACKGROUND INFORMATION:
Beginning on January 25, 2016, Mr. Eddie Estrada will work with the Berkeley High School Intervention Team to implement Restorative Justice as part of a larger strategy to improve school culture and build cohesion amongst  staff and student body, as well as to work to provide constructive responses and alternatives to behavioral issues at BHS as the site team seeks to address issues of disproportionality in suspensions of African-American students.  

Mr. Estrada will also work very closely with Berkeley High’s most at-risk students and provide intensive mentoring supports to ASI 3+ students who are often at the center of conflict on campus. Mr. Estrada’s contracted duties will include conducting student, staff, and parent harm circles, one-on-one case-management, home visits, parent communication, and efforts to support teacher facilitation of both community-building and harm circles. Mr. Estrada will train and support staff in holding harm circles when one community member harms another. Restorative discipline helps develop empathy in community members when harm occurs as well as restores imbalances that communities suffer when one member harms another.

Aside from helping the BHS community respond to harm in an innovative and more effective way, Mr. Estrada will support Berkeley High by assisting with the implementation of Tier I community building RJ practices. Tier I Restorative Justice is purposeful in the many community-building techniques that can be employed in the classroom and in other key community spaces on campus, including teacher and staff professional development. Tier I restorative practices will be integral to developing a cohesive and positive staff culture on the Berkeley High campus. Eddie Estrada will lead staff circles, which will build staff cohesion as well as model effective practices for community building in the classroom.

While Tier I emphasizes community building and Tier II emphasizes restoring harm, Tier III Restorative Justice involves a community’s efforts to welcome students back to the community after a period of incarceration, a long suspension, or a long absence.  

With the use of the circle process, Mr. Estrada will develop a team of peer mediators among the student body. The peer mediators, under Mr. Estrada’s guidance, will accept the role of Circle Keepers.  Circle Keepers are charged with the duty of getting acquainted with the community, developing action plans, addressing issues and thus building relationships across campus.  

Community building will be the focal point of the first year’s work, however, as conflict in schools is inevitable, Tier II and III Restorative practices will also be a big part of Mr. Estrada’s focus this school year. As conflict has its own schedule, Mr. Estrada will be on-site daily and into the evening providing prep, follow up and home visits when necessary.

Due to BHS’ recent challenges with ‘clique’ or ‘gang’ scenarios which carry violent possibilities,  Mr. Estrada will also focus his work on youth involved in gangs and multi-city / multi-school violence. Mr. Estrada will work to build relationships with involved area youth, some of which are part of the BHS community.

Mr. Estrada will lay the foundation for RJ Practices throughout the Berkeley High community in program design and implementation to aid Berkeley High’s efforts to comply with the BUSD LCAP plan. Reducing discipline disproportionality will be a direct impact of Mr. Estrada’s work as he will mentor and support Berkeley High School’s most at-risk students.  Finally, Mr. Estrada will help with the data input and tracking of disciplinary data, so the school can engage in cycles of inquiry to gauge the effectiveness of positive school climate strategies.

Mr. Estrada’s expertise and experience make his work a pilot that, after further analysis, may result in a end of year request for a permanent position of this nature at BHS.

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

FISCAL IMPACT:
Expenditures totaling $48,000 for SY 15-16 joint funded through LCAP Supplemental Funding and BHS BSEP Site Discretionary Funds

STAFF RECOMMENDATION:
Approve the contract.







 
12.10. Approval of Architect for Rosa Parks and Washington Grounds Improvement Projects
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy E. White, Executive Director of Facilities

DATE:         December 9, 2015

SUBJECT:   Approval of Architect for Rosa Parks and Washington Grounds Improvement Projects

 

BACKGROUND INFORMATION:

On November 18, 2015 the Board approved accelerating the Rosa Parks Grounds Improvement Project to be completed in the summer of 2016. There is also a planned grounds improvement project for Washington Elementary School. Based on the approved schedule it is time to hire a landscape architect. We are recommending Carducci and Associates, Inc. for design services related to these projects. The designs will include a Master Plan for the each overall site and designs specifically for the projects to be performed during the summer break 2016.


POLICY/CODE:
Board Policy 3310

 

FISCAL IMPACT:
The cost for Rosa Parks landscape ($55,000) and Washington landscape ($55,000) are to be paid for from Measure AA.


STAFF RECOMMENDATION:
Approve Carducci and Associates to design the two projects.









 
13. Action Items
13.1. Approval of Charter Renewal Petitions for REALM Middle School and REALM High School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:    Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Ed Services
DATE:     December 9, 2015
SUBJECT:      Renewal Petitions for REALM Middle School and REALM High School

BACKGROUND INFORMATION:
Revolutionary Education and Learning Movement (REALM) has submitted charter renewal petitions for both the middle school and the high school they operate in the Berkeley Unified School District.

In accordance with Ed. Code 47605b, the Berkeley Unified School District held a public hearing on the renewal petitions on November 4, 2015. The Board is scheduled to vote on whether or not to grant the requested renewals of the charters at tonight’s meeting, December 9, 2015.

District staff requested and received the petition to renew the charter agreements with both schools and has since conducted a review of the petitions and conducted site visits to assess the educational program.

The Board must approve or deny the petitions based on state guidelines, which are defined in the Education Code.  The evaluation of the proposals must include an examination of the sixteen required elements and four conditions which are listed below.

The Charter School Petition must contain descriptions of these sixteen elements:

  1.   Educational Plan

  2.   Measurable Pupil Outcomes

  3.   Methods of Measurement      

  4.   Governance Structure

  5.   Employee Qualifications     

  6.   Health and Safety of Pupils

  7.   Racial and Ethnic Balance  

  8.   Admission Requirements

  9.   Financial  Audits                    

  10.   Student Discipline

  11.   Employee Retirement Systems

  12.   Public School Attendance Alternatives

  13.   Employee Return Rights

  14.   Dispute Resolution Processes

  15.   Collective Bargaining          

  16.    Procedures for Closing

In addition, the petition must verify that the charter school will meet the following four conditions.

·      A charter school shall be nonsectarian in its programs, admission policies, employment practices, and all other operations.

·      A charter school shall not charge tuition.

·      A charter school shall not discriminate against any pupil on the basis of ethnicity, national origin, gender, or disability.

·      A charter school shall admit all students who reside in California who wish to attend (up to the school’s capacity based upon space, staff, or          charter school policy).

The Board may not deny a charter unless it makes factual findings, specific to the particular petition, that:

  1. The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.

  2. The petitioners are demonstrably unlikely to successfully implement the program set forth in the petition.

  3. The petition does not contain the number of signatures required.

  4. The petition does not contain an affirmation of each of the four conditions listed above.

  5. The petition does not contain reasonably comprehensive descriptions of the required sixteen elements.

The staff and the District’s legal counsel have reviewed the charter petitions, and the reports of their findings are provided under separate cover.  The District is required to respond to the written petitions based on the criteria specified above, and thus the reports only cite those areas where the petitions fail to meet the criteria.  The staff reports are not intended to offer judgments on the value or need of charter schools.

The ability of REALM Middle and High School to continue as a going concern is dependent on the success of the actions listed below and additional cuts that need to made to get REALM’s budgets in balance. It is questionable whether or not some of these staff and services can be reduced by the levels included in REALM’s response without impacting the academic program and operations.  

Staff is recommending that the REALM Middle and High School Renewals only be approved with the following conditions:

1. REALM will resubmit multi-year projections for both schools to reflect first interim adjustments and other corrections identified during the review by December 18, 2015.

2. REALM will make additional reductions in excess of the $673,000 already identified over two years to fully address the Middle School’s deficit spending and $800,000 negative ending fund balance by the end of fiscal year 2016-17; and they must also submit a revised detailed list of reductions by January 31, 2016.

3. REALM will provide monthly budget to actual updates and cash flows to the District for each school beginning with December 2015 until negative ending fund balance is resolved and 3% reserve is obtained.

4. REALM must respond to specific District concerns and request for information included in the prior fiscal oversight letters by December 18, 2015 and subsequent letters within 5 working days of the date of the letter.

5. REALM understands the District will not advance REALM’s share of in-lieu property taxes after charter renewal. REALM received two advances of in lieu property taxes for more than one month in fiscal year 2015-16.

The petitioners also have the option to submit the petitions to the Alameda County Board of Education, which must then conduct its own review and render a decision on the petitions within 60 days of receipt.  If they are denied at the county level, the petitioners may submit the petitions to the State Board of Education.

Copies of the staff reports, as well as a summary of observations and comments from the site visits, and also additional information provided by REALM staff, have been provided under separate cover. Additional copies of the petitions and proposed charters are available for review in the Superintendent’s Conference Room.

POLICY/CODE:
Ed Code 47605b
Board Policy 0424.4

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Renew the charter under the conditions included above.













 
Attachments:
REALM RENEWAL STAFF REPORT
13.2. Approval of First Interim Budget Report for the Period Ending October 31, 2015
Rationale:
BERKELEY UNIFIED SCHOOL DISTRICT 
 
TO:   Donald Evans, Ed.D., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: December 9, 2015
SUBJECT: Approval of First Interim Budget Report for the Period Ending October 31, 2015 

BACKGROUND INFORMATION:
Staff has prepared the First Interim report in compliance with Education Code EC 42131 (a)(1) requirements and AB1200. The First Interim Report covers the reporting period ending October 31, 2015. The report is required to be approved by the governing Board no later than 45 days after the close of the reporting date to determine whether or not the District is able to meet its financial obligations. The following certifications may be assigned:

  • Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
  • Qualified:assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.

  • Negative:assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The County Office of Education is required to report to the State Superintendent of Public  Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the First Interim Report, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The First Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff:

  1. Assumptions
  2. Variance Report
  3. Comparative Reports
  4. District certification of First Interim Report
  5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
  6. Form 11I–67I for all other district funds
  7. Form AI – Average Daily Attendance
  8. General fund Multi-year projection using the MYP software (under separate cover)
  9. Criteria and Standards

This First Interim Report along with the Multi-year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the First Interim Report to the County with a positive certification.

POLICY/CODE:
Education Code Section 42100 – 42134 et seq.

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the First Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

 











 
14. Discussion Items
14.1. Update on Literacy Coaches
Rationale:

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:     December 1, 2015
SUBJECT:      Update on Literacy Coaches

BACKGROUND INFORMATION:
Staff will give a brief presentation on the work of Literacy Coaches at Elementary and Middle Schools during the current academic year.

Literacy Coaches have been key staff members at all 11 BUSD Elementary Schools for over 10 years. This year we have expanded Literacy Coach positions to our 3 Middle Schools.

Literacy Coaches currently provide literacy support and development in three key areas:

  • Coaching for Classroom Teachers and Support Staff

  • Direct Intervention Services for Students

  • Professional Development and Assessment Development and Administration

The attached document outlines the focus areas for Literacy Coaches during the 2015-2016 school year.

POLICY/CODE:
None

FISCAL IMPACT:
Literacy coaching in the district is currently supported by multiple funding sources.

DISTRICT FUNDING

 Base Grant          $96,895    (.99 FTE: .09/teacher x 11) 
 EIA Replacement$226,089   (2.31 FTE: 0.21/teacher x 11)
 BSEP PD$338,052   (2.75FTE + 0.6 FTE K-5 Lit Coach)
 LCAP$216,393   (2.2 FTE: 0.2/teacher x 11)
 Common Core$38,412   (.4 FTE, District K-5 Lit Coach)
 Common Core$256,813   (2.2 FTE: 6-8 Lit Coach

SITE FUNDING

Title I, A$122,871   (1.3 FTE, site funds)
BSEP Site Funds    $171,066     (K-5 site contributions

  TOTAL                     $1,466,600 

STAFF RECOMMENDATION:
Receive the presentation on Literacy Coach services














 
Attachments:
BUSD Literacy Update
15. Information Items
15.1. Election, Diversity and Activity Report for School Governance Councils, Berkeley High BSEP Committee and BHS School Site Council for the 2015-2016 School Year
Quick Summary / Abstract:



Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Natasha Beery, Director of BSEP and Community Relations
Valerie Tay, BSEP Program Specialist
DATE:  December 9, 2015
SUBJECT: Election, Diversity and Activity Report for School Governance Councils, Berkeley High BSEP Committee and BHS School Site Council for the 2015-2016 School Year

BACKGROUND INFORMATION:
Each year the Board receives a report on the fall elections and current membership of the School Governance Councils (SGCs) for the Pre-K Program, the K-8 schools, Berkeley Technology Academy (BTA), and the Independent Study (IS) Program; and the two Berkeley High School (BHS) committees: the BHS BSEP Site Funds Committee and the BHS School Site Council (SSC). 

Principals and committee members were surveyed online to obtain a full picture of the conduct of elections for each site, including candidate outreach, nominations, election mechanisms, and community notification. 

Candidate outreach and recruitment:  Schools solicited parent candidates through a combination of newsletters and flyers, announcements and information tables at Back-to-School Night, PTA meetings, staff meetings, and other gatherings; email messages and automatic phone calls; as well as outreach to specific individuals. Principals and elected SGC members reported that face-to-face individual outreach was one of the most effective methods for candidate recruitment, while newsletters/flyers and e-tree announcements were key components of disseminating information about the SGC elections. Many schools used multiple means of outreach; those that only used e-tree announcements were reported to be less successful at reaching across the community. At Berkeley High, a candidate forum with a “state of the school” speech by the Principal brought a good turnout, and new candidates came forward at that forum. 

Ballots and Voting:  Parent candidates were presented via printed and/or online ballot statements, and only rarely in person at school meetings/elections. At over half of the sites, the statements and ballots were provided in both English and Spanish. 36% of respondents reported that voting was only by paper ballot - at meetings, or via ballots which could be picked up at school and sent home with students or downloadable. 48% reported that both paper and online voting was used, and 16% reported that candidate statements and ballots were only available online.

The principals and SGC members continue to ask for guidance as to best practices in voting methods, including whether it is acceptable to have online voting be the only method, and how to have safeguards against multiple votes. Questions have also been raised as to multiple choice, rank-order, or write-ins as voting methods. There were also issues regarding the role of alternates – most committees encourage full inclusion of the voice of alternates at meetings, as long as when action requiring a vote is taken there is attention to ensuring that representation does not exceed the specified number of parent, staff or student seats. These questions and others related to elections and conduct of the SGCs are being brought to the Board Policy Subcommittee this year in order to ensure that bylaws and practice are updated and aligned.

Parent voter turnout averaged 15% across the district, ranging from 8% to 28%. Voter turnout at Berkeley High School continued to improve after the record low 3% turnout of 2013, with approximately 10% of parents voting this year. Overall, about 40% of elected members were new and 60% returning, which should create a good blend of historical knowledge and new perspectives, as long as there are targeted efforts toward ensuring that orientations and meetings encourage and equip all members to participate.

Best Practices: A handbook for School Governance Councils is now available both online at the BUSD website and in binders for all SGC and SSC members. The handbook includes a section on "best practices," based on input from the annual surveys of SGC members and principals, as well as discussions at SGC training workshops. This guide will be revised annually, as discussions with principals, committee members, and the Office of Family Engagement and Equity (OFEE) continue to improve ideas for outreach and recruitment as well raise issues that are barriers or accelerators of equitable participation. For example, is there a problem when committee officer elections take place at a first meeting, if new members do not feel ready to step into leadership roles? Can mentoring of new members and partnering across racial lines increase/accelerate participation and improve distributed leadership? How can OFEE staff best support the SGCs? Are agendas constructed to ensure opportunities for discussion, and are meetings run so that wide participation is supported? How can the broader community be engaged with the work of the SGC?  

High School: Student committee members for the Berkeley High SSC and BSEP Site Funds Committee were elected by the student body at large last spring. The BSEP committee attracted more student interest than the SSC, so additional members were recruited in the fall. Further information for outreach will be provided to the Student Activities Director at BHS this spring so that there is greater awareness of the need for representation from all student learning communities and inclusion of diverse backgrounds as well,  The members at BTA and Independent Study were chosen this fall. For the parent elections, an additional last-minute push brought in more candidates at BHS than in the past, thanks to personal outreach from the parent liaisons, Principal, BSEP Director. The aforementioned candidate forum/principal’s meeting was highly successful and will be repeated next year at an earlier opportunity.

Staff: Staff committee members were mainly chosen by consensus. Finding candidates, especially those to fill the classified seat, has been problematic for some sites. Availability during SGC meeting hours, as well as a reluctance to serve without compensation has been cited as a barrier to participation. Conflict of interest concerns also barred some participation.

Roster: Attached as Appendix A is a roster of the approximately 257 parents, high school students, teachers, principals, and other staff members who have made the commitment to serve on their SGC, the BHS BSEP Committee, or the BHS School Site Council this year.

Diversity: Attached as Appendix B is a chart showing the ethnic/racial composition of the SGCs in Pre-K through 5 schools, middle schools and high schools, as well as a comparison with the district student body. This year the methodology of collecting these data followed these practices:

  • Ethnic/racial categories match the federal and state categories which are used for the student CALPADS data.
  • Race/ethnicity data was primarily obtained through self-report, rather than only asking the principal to supply the data as was done in prior years. 

Given the relatively small numbers at each site, rather than providing counts and percentages for each school site, results were summarized by preK-5, middle school and high school levels.

Overall, 42% of committee members are non-white (Asian, Hispanic, African-American, multi-racial) and 58% are non-Hispanic white, which is similar to prior years. A few key findings:

  • When compared to the student demographics, there is somewhat higher Black/African-American membership (18.3% overall compared to 17.3% of student body); significantly higher at the high school, with 30% of committee members identifying as Black/African-American.
  • There is markedly lower committee participation for Hispanic/Latino members, 8.9% compared to 21.9% of student body. Some of this disparity may have to do with the fact that the ELAC/DELAC committee members are not counted in this report, but this does point to a need for more targeted engagement/outreach for Hispanic/Latino representation and/or a concerted effort to ensure that ELAC work is truly incorporated into the SGCs. Our Asian and multi-racial students are not matched by similar representation on SGCs. This may also point to black/white thinking in recruitment/outreach, whereas broader envisioning of diversity could be reaching more families. 
  • The data on SGC membership race/ethnicity does not tell the entire story, however. Families are more diverse than the committee members themselves. Just over 20% of respondents indicated that their children’s race/ethnicity was different from their own, including 10% of white parents, so in terms of family representation, the overall diversity of families is greater than the committee member numbers reflect.
  • In the prior year survey a question was included to ask about committee member perspectives, going beyond race/ethnicity to probe for what members bring to the table in terms of backgrounds and interests. At that time there was frequent mention of bilingual and/or multicultural families, as well as special education or GATE-identified students. This year the question about perspectives was not asked, but respondents still wrote in additional identifiers, including families with same-sex parents, children with learning disabilities, adopted children, immigrant families, and religious affiliations such as Jewish and Muslim. Some respondents also supplied additional race/ethnicity identifiers, including Xicana, Middle Eastern, Jewish, Filipino, European, and South and Southeast Asian heritage.  

Activities: On October 22, 2015 the annual School and District Committees Training Workshop was held at Malcolm X Elementary School. The format was changed from prior years in order to include a large workshop focused on the BSEP Measure budget. In the past, the workshop evening has included options for new and returning members, as well as sessions on specific aspects of BUSD educational programs. Since this year SGCs will be asked to provide feedback for the planning of the next BSEP measure, the evening was redesigned to have one large “Committee Orientation” session, followed by a large BSEP Budget “Thermometer Exercise.” The results of the latter workshop were reported to the board on November 18, 2015.

The turnout was very high, nearly double the attendance last year, with 180 members of SGCs, as well as members of PTA’s, the PAC, ELAC, DELAC, and other interested community members. Participants reported enjoying the opportunity to engage with people from across the district in discussing budget priorities, and this model could clearly serve well for some cross-committee conversations. However, as an orientation, the larger setting is not optimal. The BSEP Director followed up by attending the first meeting of the Berkeley High SSC and the first meeting of the Berkeley High BSEP Site Funds Committee to deliver an in-person orientation for those committees. In addition, the Handbook for School Committees was individualized for each school so that every SGC committee member would have access to bylaws, guidelines, best practices, and school action plans. This handbook is online, as is the presentation from the 2015 workshop, at the BSEP/SGC and School Site Council webpage on the BUSD website. The handbook includes a suggested month-to-month agenda of suggested activities, attached to this report as Appendix C

POLICY/CODE:
California Education Code 52852-52855; BUSD School Governance Council Bylaws, adopted by the Berkeley Board of Education April 23, 2008; BUSD Berkeley High School Site Council Bylaws, adopted by the Berkeley Board of Education August 4, 2010.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive this School Governance Council, Berkeley High BSEP Committee and BHS School Site Council Election, Diversity and Activity Report for 2015-2016











 
Attachments:
Appendix A - SGC Rosters 2015-16
Appendix B - SGC Election Summary
Appendix C-SGC Month-to-Month Agenda
15.2. Report on Bullying Complaints for the 2014-2015 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent                       
FROM:           Susan Craig, Ed.D., Director, Student Services
DATE:            December 9, 2015
SUBJECT:     Report on Bullying Complaints for the 2014-2015 School Year                         

BACKGROUND INFORMATION:
California Assembly Bill 9, also known as Seth’s Law (named after a 13 year old California student who committed suicide after being bullied at school), became effective July 1, 2012. Prior to the passage of AB9, existing law required school districts to adopt policies to protect students who are targets of discrimination and harassment. Seth’s Law expanded to scope to include complaints alleging harassment and/or bullying due to actual or perceived characteristics, such as ethnicity, disability or gender expression.

In accordance with Seth’s Law, the Berkeley Unified School District’s Governing Board approved the District’s Anti-Bullying Policy (5131.2) in January 2012. The Policy states that the Director of Student Services will report to the Board at a fall Board meeting on bullying within the District and make recommendations as to how this policy can be more effectively implemented.

DEFINITION OF BULLYING
BUSD’S policy defines bullying as follows: Bullying means any severe or pervasive physical or verbal act or conduct, including communications made in writing or by means of an electronic act, that inflicts physical hurt or psychological distress on one or more students or employees. It is further defined as: unwanted purposeful written, verbal, nonverbal, or physical behavior, including but not limited to any threatening, insulting, or dehumanizing gesture, by an adult or student, that has the potential to create an intimidating, hostile, or offensive educational environment or cause long term damage; cause discomfort or humiliation; or unreasonably interfere with the victim’s school performance or participation. Bullying is often characterized by an imbalance of power.  

The Education Code for bullying, 48900(r), includes the following acts as defined in Section 48900.2 sexual harassment, 48900.3 hate violence, and 48900.4 harassment, threats, or intimidation. For purposes of categorizing incidents in this report, the primary bullying behavior the student engaged in in each incident is noted in the report, as determined by the school administrator.

ANTI-BULLYING POLICY OBJECTIVES

BUSD’S Anti-Bullying Policy has three objectives:

  1. Cultivation of a culture of empathy, kindness, respect, and mutual trust among students and between students and staff
  2. Creation of a school climate which encourages students to disclose and discuss incidents of bullying, both in their roles as victims, perpetrators and bystanders
  3. Demonstration of a commitment to address incidents of bullying by outlining the school response to any such behaviors

In accordance with the policy’s objectives, during the 2014-2015 school year, BUSD strengthened efforts to cultivate caring school communities as follows: 

  • BUSD implemented the social-emotional curriculum, Toolbox, at all BUSD schools in grades kindergarten through six. Toolbox provides students with a variety of “tools” that they can choose from, such as the breathing tool and the patience tool, to help them regulate their emotions. Staff received professional development in the use and instruction of Toolbox in the classroom and several well-attended Toolbox information events for parents/guardians were held.
  • The implementation of Positive Behavior Implementation and Support (PBIS) was continued at all BUSD elementary and middle schools.
  • Restorative Justice training and support through SEEDS was continued at all three middle schools during the 2014-2015 school year. Additionally, the Board approved a significant expansion of RJ in the District’s LCAP plan in June 2015. The expansion of RJ which is currently being implemented includes increased support at all three middle schools, RJ support at Berkeley Technology Academy (BTA) and BHS, and an RJ pilot program at one elementary school (Washington Elementary).
  • A session in sexual harassment awareness education was provided at all BUSD schools to students in grades four through 12 during September.
  • An informational letter from the Superintendent and Board President regarding sexual harassment was sent to all middle and high school students and households.
  • Training in sexual harassment awareness, provided by Peace Over Violence, was offered to all BUSD seniors in May 2015.
  • Professional development regarding sexual harassment was provided to some BUSD staff.
  • Professional development regarding LGBTQ awareness and gender identity was provided to some BUSD staff by Gender Spectrum.
  • The LifeLines Academy, a weekly violence prevention group for middle and high school students facilitated by the Omega Boys Club, was offered for the fourth year in a row, and the LifeLines Prep Academy, for 4th and 5th grade students, was offered for the second year (The LifeLines Academy was replaced with the Peacekeepers Academy this school year). The Omega Boys Club also provided weekly sessions of the Alive and Free violence prevention program to students at BTA on a voluntary basis.
  • A teacher on special assignment position was added at Berkeley Technology Academy to provide positive school climate support. 

2014-2015 SCHOOL YEAR BULLYING REPORT

ELEMENTARY SCHOOLS:
At the eleven BUSD elementary schools, a total of 25 incidents of bullying were reported, 12 incidents of sexual harassment, and 4 incidents of harassment/intimidation (note: Per Education Code, sexual harassment, harassment/intimidation, and hate violence apply to students in grades 4 and above). Five elementary school students were involved in multiple incidents; additional resources were provided for the students. 

The bullying behaviors that occurred at elementary schools included teasing, threats, intimidation, social exclusion, physical aggression, and verbal sexual harassment.

Action taken to address bullying in elementary schools included counseling the students individually, parent contact and/or meetings, loss of privileges, a referral to the LifeLines Prep Academy, restorative justice, conflict resolution/mediation, District-level behavior contract meeting, referral to SST/RtI, change of school per the request of a targeted student’s parent (one instance), increased support through the IEP process (for students eligible for Special Education), Behavior Specialist support, and a recommendation for a psycho-educational assessment. In almost all instances, no further bullying was reported after the site interventions. One elementary school student was suspended for sexual harassment and one elementary school student received an in-school suspension for harassment/threats.

MIDDLE SCHOOLS:
At the three BUSD middle schools, a total of 16 incidents of bullying, 25 incidents of sexual harassment, and 37 incidents of harassment/threats were reported. Forty-five middle school students engaged in bullying behavior in the 78 reported incidents. Seven middle school students participated in three or more incidents involving bullying behavior.

The bullying behaviors that occurred at middle schools included teasing, social exclusion, threats, name calling, mean looks, physical aggression, sexual harassment, and cyber-bullying.

Action taken to address bullying in middle schools included counseling the students individually, parent contacts and/or meetings, formal meetings with student, parent, teachers, counselors, and administrators, referral to SST/RtI, parent shadowing, a referral to student court, community service, detention, additional support through the IEP process (for students eligible for Special Education) and a change of school for the student who was targeted, per parent’s request (two instances). There were 36 suspensions due to bullying behavior (Including two students who were placed on suspended expulsions and transferred to another school due to additional, more serious behavior that occurred along with the bullying in which expulsion was mandatory.) and five in-school suspensions.

HIGH SCHOOLS:
At the two BUSD high schools (Berkeley High School and Berkeley Technology Academy), a total of 21 students were reported to have engaged in sexual harassment (Including one incident of sexual battery and one incident of sexual assault; in both cases, discipline was imposed in accordance with law.) and 27 students were reported to have engaged in harassment/threats towards other students. A total of 41 students engaged in bullying behavior in the 46 reported incidents. Five students participated in two incidents and no students participated in more than two incidents.

The bullying behaviors that occurred at high schools included teasing, threats, name calling, physical aggression, sexual harassment, cyber-bullying, and cyber-sexual harassment/sexting.

Action taken to address bullying that occurred at high schools included counseling the students individually, parent contacts/meetings, mediation/conflict management, community service, restorative justice, suspension, referral to LifeLines Academy, and a police report. There were 33 suspensions (including the two incidents that resulted in expulsion) and two in-school suspensions due to bullying behavior.

BULLYING BEHAVIOR BY ADULTS TOWARDS STUDENTS

Four incidents of bullying by parents/adult family members towards students were reported on BUSD campuses. Action taken in these incidents included stay-away warnings, 7-day stay-away orders from BUSD, and Berkeley Police involvement. In all instances, the adults who engaged in bullying behavior towards students went up to a student at school with whom their child was having problems, and addressed the student in an intimidating, inappropriate manner.

Four complaints of bullying behavior towards students by staff were made. The complaints were investigated and followed up on in accordance with District procedures.

NEXT STEPS

Recommended next steps to strengthen bullying prevention efforts in BUSD include:

  • Continue to expand the use of positive school climate initiatives, including Toolbox and restorative practices, in BUSD schools.
  • Continue to expand training for students and professional development for staff regarding sexual harassment, bullying related to gender identity, and hate violence.

POLICY/CODE:
BP 5131.2

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the information regarding the bullying report, and provide feedback and direction to District staff regarding the annual bullying report




 
15.3. Measure H Quarterly Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Executive Director of Facilities 

DATE:         December 9, 2015

SUBJECT:  Measure H First Quarter FY 2016 Report

 

BACKGROUND INFORMATION:

This report is an update of the Maintenance Department for the first quarter of the 2016 Fiscal Year.  The reporting period covers July 1, 2015 through September 31, 2015.  The stated goals of the Annual Plan are not listed in this report, but certain areas of these goals will be referred to as we evaluate progress in these areas. We will also continue to report on specific areas of previously approved Plans as we make progress on those goals. 

 

COMMUNICATION/REPORTING

The Committee received the 2015/16 annual plan.   

 

COMMITTEE MEMBER COMMENTS

The Committee has not yet met for the year.

 

MAINTENANCE

In early October, the evening shift returned to its school year plan of visiting schools as a group.  As of October 30th, they have visited five sites. 


The fire marshal sent three new reports.  No violations were found. 


The State elevator inspection department is still behind in their inspections.  They have informed us that it is acceptable to continue to operate the elevators until they can complete their inspections. They performed eleven inspections during this period of time. Five of their reports had no violations and six had some violations. We have completed work on four of those six elevators and are still working on the other two.

 

We replaced window coverings at 1810 Hopkins. 

 

TRAINING

All maintenance personnel and custodians (except several at Berkeley High) received training on October 12th.  There were various subjects, including Hazardous waste handling and Mandated reporting which is required by law.  

 

GROUNDS

We have one gardener vacancy. Human Resources has initiated recruitment and testing.


The King soccer field received a major maintenance. Moellering field received minor maintenance.


VEHICLES AND EQUIPMENT

We plan to buy two new vehicles this year.     

 

STAFFING

Managers


1.64 permanent

Supervisors


2 permanent

Administrative Coordinators

2.15 permanent

Trade Leads

3 permanent

Security Engineer

1 permanent

Network Engineer

0.4 permanent

Maintenance Engineers

11 permanent, 1 vacant

Trade Specific

1 permanent

Maintenance Technician

3 permanent, 1 vacant

General Maintenance

2 permanent

Grounds Lead Worker

3 permanent

Grounds Gardener

7 permanent, 1 vacant

Vehicle Mechanics

0.45 permanent

Security Personnel

1 permanent (0.5 FTE of two positions)

Total                                                           41.64 FTE

 

We do not detail the 5% of head custodians charged to the Measure BB Fund in the chart above. 

 

BUDGET

The Measure BB Financial Update for FY 2016 was presented to the Committee and the Board.  As anticipated, there was a fairly large balance at the end of last year. 

 

CUSTODIAL

Custodial meetings are continuing. There are a number of custodian vacancies that we are testing for. We expect that they will be filled in the next few months.

 

UTILITY REDUCTION AND MONITORING

BUSD has installed solar panels on the Donahue Gym at Berkeley High School. 

 

PROPERTY MANAGEMENT

Staff has processed 101 permits from July 1st to September 31st.  The gross revenue received in this time period was $62,855.     

 

WASTE MANAGEMENT  

We have been continuing our efforts to increase recycling and reduce solid waste and have had great success.     

 

HAZARDOUS MATERIALS

BUSD is still current with the removal of all expired chemicals on a rotating basis.     




 
15.4. Facilities Plan Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Donald Evans, Ed.D, Superintendent

FROM:         Timothy E. White, Executive Director of Facilities

DATE:          December 9, 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 December 1, 2015. This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.   



 
Attachments:
Facilities Plan Update 12-9-15
16. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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.

17. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
18. Adjournment

The resubmit was successful.