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Board of Education Regular Meeting
Berkeley USD
February 10, 2016 5:45PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:45 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:45 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. Conference with Legal Counsel-Pending Litigation (Government Code Section 54956.9)
3.1.1. OCR Complaint #09-16-1075/Complaint #09-16-1066/Appeal of Complaint Resolution Per AR 1312.1
3.2. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
3.2.1. Certificated Temporary Releases, Probationary Non-Reelections and Potential Administrative Reassignments
Speaker:
Delia Ruiz
3.3. Collective Bargaining: Lead Negotiator: Legal Counsel Roy Combs BCCE, Local 21, UBA and BFT Negotiations (Government Code Section 54957.6(a))
3.4. Settlement Agreement with Classified Employee #7621 (Government Code section 54957.1)
Speaker:
Delia Ruiz
3.5. Superintendent's Contract (Government Code Sections 54957, 53262)
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of February 10, 2016
6. Report on Closed Session
7. 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. 

8. 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).
Rationale:

Unions

Berkeley Federation of Teachers (BFT)

Berkeley Council of Classified Employees (BCCE)

Union of Berkeley Administrators (UBA)

Local 21


 
9. 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.
Rationale:

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
Quick Summary / Abstract:

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

11. Consent Calendar - approval requested
11.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             February 10, 2016
SUBJECT: Approval of Human Resources Reports

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








 
Recommended Motion:
Approve Human Resources Reports.
Attachments:
Certificated Personnel Report 02.10.16
Classified Personnel Report 02.10.16
11.2. Potential Reassignment of Administrative/Supervisory Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:         Donald Evans, Ed. D., Superintendent

FROM:        Delia Ruiz, Assistant Superintendent, Human Resources      

DATE:         February 10, 2016

SUBJECT:   Potential Reassignment of Administrative/Supervisory Certificated Employees

 

BACKGROUND INFORMATION:

To meet the needs of school districts, California Education Code provides for governing boards to reassign certificated employees holding positions requiring administrative or supervisory credentials.  For the Board to reassign such employees, the employees must be noticed by March 15 that they may be released from their present positions and reassigned for the following school year. 

 

POLICY/CODE:

Education Code section 44951

 

FISCAL IMPACT:

Unknown at this time

 

STAFF RECOMMENDATION:

Approve the Resolution.

 

 

 

 





 
Recommended Motion:
Approve Resolution.
Attachments:
Resolution for Administrative Reassignments
11.3. Non-Reelection of Probationary Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Delia Ruiz, Assistant Superintendent, Human Resources      
DATE:         February 10, 2016
SUBJECT:  Non-Reelection of Probationary Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a probationary contract.  An individual newly-employed by the District must serve a probationary period before earning permanency. A probationary certificated employee shall be notified, on or before March 15 of the employee’s second complete consecutive school year of probationary employment, of the District’s decision to not reelect the employee for the next succeeding school year.

POLICY/CODE:
Education Code section 44929.21(b)

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.


 
Attachments:
Resolution for Probationary Non-Reelections
11.4. Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Delia Ruiz, Assistant Superintendent, Human Resources      
DATE:         February 10, 2016
SUBJECT:  Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a temporary contract for multiple specified reasons.  Such employees may be released at the end of the school year at the Board’s discretion.  To prevent overstaffing, to maintain the integrity of the employment process, and to ensure that the District employs the best available certificated staff, it is prudent to release Temporary (including “Probationary 0”) employees at the conclusion of the school year.  Such individuals may re-apply for vacant positions in the District.

POLICY/CODE:
Education Code Sections 44954 and 44909

FISCAL IMPACT:
Reduction in employee costs

STAFF RECOMMENDATION:
Approve the Resolution.







 
Attachments:
Resolution for Temporary Releases
11.5. Ratification of Out-of-State Travel
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         February 10, 2016
SUBJECT:   Ratification of Out-of-State Travel 

BACKGROUND INFORMATION:
The following out of state travel is being presented as a ratification:

National Association of School Psychologists 2016 Annual Convention

Approval for Adabel Padilla, School Psychologists, who has traveled to New Orleans, LA. to attend the Annual National Association of School Psychologists Convention on February 9, 2016.
Requested by: Lisa Graham 

POLICY/CODE:
Education Code 35330
Board Policy 6153 

FISCAL IMPACT:
There is no impact on the General Fund. 

STAFF RECOMMENDATION:
Ratify and approve the out of state travel consistent with the District Policies and instructional programs.




 
11.6. Approval of Out-of-State Travel
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:      Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         February 10, 2016
SUBJECT:   Approval of Out-of-State Travel 

BACKGROUND INFORMATION:
The following out of state travel is being presented: 

National Association of School Psychologists 2016 Annual Convention

Approval for Rani Dutta Choudhury, School Psychologists, to travel to New Orleans, LA to attend the Annual National Association of School Psychologists Convention on February 11, 2016.
Requested by: Lisa Graham

POLICY/CODE:
Education Code 35330
Board Policy 6153 

FISCAL IMPACT:
There is no impact on the General Fund. 

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







 
11.7. Approval of Overnight Field Trip to Sierra Outdoor Camp
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         February 10, 2016
SUBJECT:    Approval of Overnight Field Trip Request-Sierra Outdoor Camp

BACKGROUND INFORMATION:
The following overnight field trip is being requested:

Sierra Outdoor School, Sonora, CA, May 11-13, 2016
Approve participation of fifty fourth grade students, two teachers, and ten other adults from LeConte Elementary School on a three-day, two-night field trip to the Sierra Outdoor School in Sonora, CA. The group will depart LeConte at 7:00 a.m. on Wednesday, May 11th, and return on Friday, May 13th, at 5:00 p.m. BUSD will provide transportation. Students will learn about the historic significance of the gold rush and its effect upon the environment.  Students will be housed in gender specific dorms. The cost of $175 per student is being paid by the LeConte PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Veronica Valerio, LeConte Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve this overnight field trip consistent with the District Policies and instructional programs.





 
11.8. Approve the Addition of a Special Education Preschool Class
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Lisa Graham, Director of Special Education
DATE:         February 10, 2016
SUBJECT:  Approve the Addition of a Special Education Preschool Class

BACKGROUND INFORMATION:
The District is obligated to serve students with special needs upon their 3rd birthday, if they were referred for transition services from Regional Center, once they have been assessed and found eligible for Special Education services. Other preschool age students who are not served by the Regional Center may be referred for a comprehensive evaluation after their 3rd birthday with services being provided upon determination of Special Education eligibility.

Currently, our Special Education preschool classes are at maximum capacity for serving students.

One factor contributing to the need for an additional preschool class is the upward trend of students identified as students with Autism, as reviewed at the October 14 Board meeting presentation. Another factor is the relatively recent (January 2014) return to previous eligibility criteria for Regional Center and Early Intervention services. This has resulted in an increase in toddlers receiving Early Intervention services, and thus an increase in referrals being made to Districts.

The current District capacity for serving students with special needs is approximately 44 total students:




Preschool site

Program

Capacity

Occupied

Franklin/King CDC

Inclusion

6-12*

6 (full)

Franklin

Integrated

8

8

King CDC

Integrated

8

8

Hopkins

Integrated

8

8

Hopkins

Integrated

8

8


Total

44

38 (full)

* Capacity for the Inclusion program is determined by whether or not there is space in the General Education classroom to serve the student.

In the Special Education Inclusion program, up to three students with IEPs are served in each 24-student general education preschool class. These classes are taught by a teacher with a General Education credential and one Instructional Aide (IA). In addition, these classes are supported by a teacher with a Special Education credential (Early Childhood Special Education – ECSE) and a Special Education IA assigned to support the individual needs of the students. Each of the Special Education Integrated classes consists of a maximum of 15 students, eight of whom have  IEPs and seven of whom are typically-developing peers. These classes are taught by a teacher with a Special Education credential (ECSE) and two Special Education IAs.

As of January 8, 2016, there are 8 assessments in-process and 3 additional pending referrals from the Regional Center for students who will turn three on or before April 10, 2016. These referrals are only known to the District around three months before the child turns three years old, which means that there may likely be more referrals before the end of the school year for students who will turn three years old prior June 15, 2016. The District anticipates at least 80% of these referrals will result in a determination of eligibility and a recommendation for placement in a Special Education program. At this time, the District is at maximum capacity for these educational placements for students.

Without an available Special Education preschool program to recommend to families the District will be required to consider alternative placement options for these students, including placement in a setting outside the BUSD boundaries.

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
Salaries, including benefits, as well as instructional materials costs will be paid from the Special Education Budget:

1 FTE Special Education teacher (with ECSE credential) – $49,229 (110 work days)

2 Special Education Instructional Aides (IA) at .60 FTE each – $50,145 total (123 paid days)

Instructional materials, estimated at $20,000, to furnish the new classroom with all necessary curriculum and supplies.

STAFF RECOMMENDATION:
Approve the addition of this new Special Education classroom for the spring 2016 term of the 2015-16 school year.




 
11.9. Approval of New Course: Construction & Building for the BUSD/BTA Building Trades and Construction Pathway
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:          February 10, 2016
SUBJECT:     Approval of New Course: Construction & Building for the BUSD/BTA Building Trades and Construction Pathway

BACKGROUND INFORMATION:  
BUSD/BTA is requesting Board approval for a yearlong course entitled Construction Technology.  This course has been submitted for approval as an UCOP-approved “g” Career Technology Education course.  The purpose of this course is to give students a hands-on opportunities to learn all phases of basic residential construction, including carpentry, drywall, electrical, flooring, painting, plumbing, roofing, masonry, and reading blueprints.  During the first part of the course, students learn about construction safety, foundations, framing, and proper use of tools. Then students have the opportunity to make practical application of their classroom studies on a construction project.

The curriculum seeks to provide students with projects that may include building sawhorses, scale model houses, storage sheds, remodeling (on or off-site), simulated bathroom construction, and other projects as available.  This competency-based course prepares students for entry-level positions in the construction industry. Integrated throughout the course are career technical education standards, which include basic academic skills, communication, career planning, technology, problem solving, safety, responsibility, ethics, teamwork, and technical knowledge.

Upon successful completion of the course, students will:  Understand and apply measurement systems in the planning and layout process used in the residential construction industry; demonstrate the safe and appropriate use of hand tools common to the construction industry, such as hammers, torches, pliers, wire cutters, pipe cutters, saws, chisels, and wrenches; demonstrate safe and appropriate use of power tools common to the construction industry, such as band saw, saber saw, miter compound saw, radial arm saw, table saw, jig saw, cut-off saw, reciprocating saw, portable drill, drill press, planer, roto-hammer, router, jointer, belt sander, and finishing sanders; interpret residential construction blueprints and specifications; practice occupational safety on the construction site, whether classroom or job site; demonstrate competency in the mathematics used in measuring and estimating the materials needed for a job; and demonstrate communication, teamwork, and leadership skills in project development.

In addition to reading, writing, and working with light to moderate construction equipment, students will have guest speakers and take field trips to various building trades facilities.

POLICY/CODE:
Ed Code 51054
Board Policy 6141

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the year-long course entitled Construction Technology in the 2016-2017 school year.







 
Attachments:
BTA Construction and Building Attachment
11.10. Approval of New Course: Computer Programming/Computer Sciences for the BUSD/BTA Information Technology Pathway
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:          February 10, 2016
SUBJECT:    Approval of New Course:  Computer Programming/Computer Sciences for the BUSD/BTA Information Technology Pathway

BACKGROUND INFORMATION:   
Berkeley Technology Academy is requesting Board approval for a yearlong course entitled Computer Programming/Computer Sciences.  This course has been submitted for approval as an UCOP-approved “g” Career Technology Education course.  The purpose of this course is to ensure students learn Java, an object-oriented programming language. Instruction includes problem solving and algorithm development, data structures and design, and the use of logic and formal methods. Students may prepare for the AP Computer Science A exam (optional). In addition to instructional time, students need to spend at least three hours per week practicing their programming skills.

This course is designed to provide the skills for an entry-level position in computer programming or provide a foundation for further studies in computer science at the college level. Integrated throughout the course are career technical education standards, which include basic academic skills, communication, career planning,

Upon successful completion of the course, students will:  Learn basic Java programming language; design and implement computer-based solutions to problems in a variety of application areas by writing, running, and debugging computer programs; build on previously acquired mathematical reasoning skills to develop problem-solving programming methodology; use and implement commonly-used algorithms and data structures; develop and select appropriate algorithms and data structures to solve problems; code fluently in an object-oriented programming language; read and understand a large program consisting of several classes and interacting objects; students should be able to read and understand a description of the design and development process leading to such a program; and identify the major hardware and software components of a computer system, their relationship to one another, and the roles of these components within the system.

In addition to reading, writing, and working with computer hardware and software, students will have guest speakers and take field trips to various software companies in the bay area.

POLICY/CODE:
Ed Code 51054
Board Policy 6141

FISCAL IMPACT:
No immediate program costs, but we anticipate there to be capital improvement costs related to construction necessary to support the program. These costs will be brought back to the Board at a future date.

STAFF RECOMMENDATION:
Berkeley Technology Academy is requesting Board approval for a yearlong course entitled Computer Programming/Computer Sciences in the 2016-2017 school year.









 
Attachments:
BTA Computer Science Course Attachment
11.11. Approval of Contracts/Purchase Orders for Services and Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          February 10, 2016
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 Mechanical Design Studio to design the modernization of the heating controls for the Willard C Building.The cost of the design will not exceed $19,500.To be paid from Measure H. Requested by Steve Collins.
  2. Ratification of contract with Education Testing Service, to provide HiSet testing programs for students at Berkeley Adult School for 2015/16SY. The cost will not exceed $13,650. To be paid from Adult Education Fund. Requested by Thomas Reid.
  3. Increase the contract of Ninyo & Moore to provide additional geotechnical testing and inspections for the Longfellow Cafe Project. On June 26, 2013 the Board approved Ninyo & Moore for sampling and design for $16,000.On December 10, 2014 there was an increase of $30,000 for testing and inspections.Unforeseen wet subgrade soil conditions have increased the geotechnical testing and inspection costs by $16,000 for a new total of $62,000.To be paid from Measure I Bond. Requested by Timothy White.
  4. Increase in contract, PO#160142 with One Source Engineering, Inc., to provide boiler services as needed by the Maintenance Department for the 2016 SY. The Board approved $80,800 on 06/10/15. The additional amount will increase the purchase order by $15,000 for total amount of $95,800.To be paid from Measure H. Requested by Steve Collins.
  5. Increase in contract, PO#160144 with Shoreline Environmental, to provide hazmat services as needed by the Maintenance Department for the 2016 SY. The Board approved $45,000 on 09/30/15. The additional amount will increase the purchase order by $15,000 for a total amount of $60,000.To be paid from Measure H. Requested by Steve Collins.
  6. Ratification of contract with The Regents of the University of California, to provide afterschool BUILD (Berkeley United in Literacy Development) program tutors to Berkeley Unified School District for the period from 1/19/16 to 6/17/16. The cost will not exceed $25,000. To be paid from After School Parent Fund. Requested by Aaron Jorgensen.

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

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







 
11.12. Approval of Budget Development Calendar for FY 2016-17
Quick Summary / Abstract:




Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

 TO:         Donald Evans, Ed.D., Superintendent
FROM:           Javetta Cleveland, Deputy Superintendent  
DATE:           
February 10, 2016
SUBJECT:     Approval of Budget Development Calendar for FY 2016-2017 

BACKGROUND INFORMATION:
It is customary to approve a budget development calendar, which calls out the significant milestones during the development of the budget. Staff has prepared the attached updated budget development calendar and is submitting it for Board approval. Staff will update the budget calendar for the Board if there are any significant changes made to the proposed timelines. 

POLICY/CODE:
None

STAFF RECOMMENDATION:
Approve updated Budget Development Calendar. 



 
Attachments:
Budget Development Calender 2016-2017
11.13. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:        February 10, 2016 
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. Ackerman's Servicing Volvos Inc. donated $135.09 to be utilized as needed for Rosa Parks Elementary
Schools.

2. Berkeley Public Schools Fund donated $3,000 to partially fund band orchestra coaching for Rosa
Parks Elementary School.

3. Growing Leaders donated $2,394 to partially fund the cooking and gardening program for Willard.

4. The Philanthropic Ventures Foundation donated $499 to purchase sensory tools for students and 
$500 to purchase supplies and subscriptions for students with Special Educational needs. 

5.  City of Livermore donated $950 to be utilized as needed for Rosa Parks Elementary School. 

BOARD POLICY:
BP 3290

FISCAL IMPACT:
The District received a total $6,978.09 in donations.

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













 
11.14. P-1 School Average Daily Attendance and October Enrollment Summaries
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          February 10, 2016
SUBJECT:   P-1 School Average Daily Attendance and October Enrollment Summaries 

BACKGROUND INFORMATION:
The District submits three attendance reports to the California Department of Education each year. The District's general revenue is determined based on attendance reported from the second attendance report.  The first attendance report is referred to as P-1 and includes average daily attendance (ADA) calculated from September to December. The second attendance report is referred to as P-2 and included ADA calculated from September to April. With the exception of Special Education ADA, the District receives it General Fund revenue based on P-2. The final attendance report is referred to as P-annual and includes ADA calculated until the end of the year. The District receives its General Fund revenue for Special Education based on the P-annual.

Based on information provided from each school site, we are presenting a report on the P-1 reporting period and provide a comparison of the following information:

  • Current and prior year average daily attendance (ADA) for the P-1 attendance reporting period that begins in September and ends in December.
  • Current and prior year school enrollment reports as reported in October of each year.

The report reflects the variance between FY 2015-16 and FY 2014-15 for enrollment and ADA for each school. 

At school sites, regular education enrollment increased by 17 and ADA decreased by 32 and ADA percentage decreased by .51%. However, total enrollment has declined by 13 and total ADA decreased by 59 for a percentage decrease in ADA of .71%.  Hopefully, the ADA will improve by the P-2 reporting period.

Cragmont enrollment decreased by 19. Jefferson enrollment increased by 29. Rosa Parks enrollment increased by 21.  Martin Luther King enrollment increased by 70. B-Tech enrollment decreased by 21 and Berkeley High enrollment decreased by 69.  All other school sites have a plus/minus of 10 or less.

Staff is still retrieving attendance data for Non-Public School, Home Hospital, and Independent Study, which impacts the District’s overall enrollment and ADA data at P-1.

POLICY/CODE:
BP 5113

FISCAL IMPACT:
The District earns $67.90 per student day of attendance which equates to $8,624.00 per ADA.

STAFF RECOMMENDATION:
Receive this October enrollment and P-1 average daily attendance summary reports for information.




 
Attachments:
P-1
11.15. Approval to Enter Into an Agreement with Enviroplex to Purchase Portables as Part of a Piggyback Bid at LeConte
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:             Donald Evans, Superintendent

FROM:        Timothy White, Executive Director of Facilities

DATE:         February 10, 2016

SUBJECT: Approval to Enter Into an Agreement With Enviroplex to Purchase Portables as a Part of a Piggyback Bid at LeConte

BACKGROUND INFORMATION:
The Board approved the schematic design for the LeConte Portables project on June 24, 2015. In the Board presentation, the proposed portables were designed to meet 2013 Green Building Code standards. These portables are produced by Enviroplex Inc., and were bid and awarded by Las Lomitas Elementary School District on January 14, 2015 under Action Agenda Item 14.F. This bid and award permits other public entities to utilize this bid for up to two years without otherwise advertising for bids. The total cost for the portables, including wood foundations and accessible ramps for LeConte is $405,210.93.

POLICY/CODE:
Public Contract Code 20118

FISCAL IMPACT:
The cost of $405,210.93 is within the project cost planned in Measure I General Obligation Bond.

STAFF RECOMMENDATION:
Approve the contract between BUSD and Enviroplex Inc. for $405,210.93 for the LeConte Portables Addition Project.   

    






 
11.16. Approval to Advertise Roofing Projects for Thousand Oaks, Longfellow and Berkeley High School (C Building)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Executive Director of Facilities 

DATE:         February 10, 2016
SUBJECT: Approve the Advertisement of the Thousand Oaks, Longfellow, and BHS Building C Roofs Project

 

BACKGROUND INFORMATION:

The Board approved the replacement of the three roofs listed above. The project is ready to bid. The construction will not occur until the summer, but the District receives better prices when it bids the project early. 

 

Staff is required to notify the Board when bids are being solicited. 

 

POLICY/CODE:

California Public Contract Code 20110- 20118.

 

FISCAL IMPACT:

The project is funded in Measure I.    

 

STAFF RECOMMENDATION:

Approve the advertisement to solicit bids for this project. 




 
11.17. Approval of Resolution No. 16-025 in Honor of African American History Month
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Board of Education
FROM:            Donald Evans, Ed. D., Superintendent
DATE:             February 10, 2016
SUBJECT:     Resolution No. 16-025 Proclaiming February 2016 as African
                        American History Month

BACKGROUND INFORMATION: 
The Berkeley Unified School District has a tradition of commemorating Black History Month in February of each year. African Americans have a history of outstanding accomplishments in every field of human endeavor from literature and art to science, industry, education, diplomacy, athletics and jurisprudence. It is important that our students learn of the people and events that enrich African American history.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Resolution No. 16-025 Proclaiming February 2016 as African American History Month.






 
Attachments:
Resolution No. 16-025: African American History Month
11.18. Approval of Board of Education Special Meeting Minutes for December 7, 2015
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education

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

Official Minutes
Special Board Meeting

December 07, 2015

President Appel called the special meeting to order at 5:30 p.m.

Roll Call:
Board of Education:
Judy Appel, President – Present
Beatriz Leyva-Cutler, Vice President – Excused Absence
Karen Hemphill, Director/Clerk – Present
Josh Daniels, Director – Present
Ty Alper, Director – Present
Angelo Paraiso-Arroyo, Student Director, BHS – Absent
Alaunte Keys, Student Director, BTA – Absent

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

APPROVAL OF SPECIAL MEETING AGENDA

Motion to approve special meeting agenda:
Hemphill/Alper and unanimously approved 3-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Not present
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – Not present
Ty Alper, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Not present
Alaunte Keys, Student Director, BTA – Not present

PUBLIC TESTIMONY
No one came forward.  

ACTION ITEM

Approval of Harold Way Side Letter and Withdrawal of Appeal

Motion to approve the Harold Way Side Letter and Withdrawal to Appeal:

Alper/Hemphill and unanimously approved 3-0
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Excused Absence
Karen Hemphill, Director/Clerk – Yes
Josh Daniels, Director – Not present for this vote 
Ty Alper, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – Absent
Alaunte Keys, Student Director, BTA – Absent

DISCUSSION ITEM

Parent Town Hall Meeting: Addressing Safety and Issues Impacting African American Students

In response to the racial threat directed towards African American students at BHS, Superintendent Evans and Laura Babbitt, Chair of Parents of Children of African Descent (PCAD), facilitated a community discussion addressing the following:

  • Safety plan and curriculum for December 9th.
  • Programs and resources to support African American students
  • How to continue to address racism in BUSD

 A follow-up detailing suggested actions and next steps will be presented at the Board meeting on January 13, 2016. 

ADJOURNMENT
President Appel adjourned special meeting at 9:30 p.m.




 
11.19. Approval of Board of Education Minutes for December 9, 2015
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education

Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-6206

Official Minutes
December 09, 2015

President Appel called Open Session to order at 7:40 p.m. She reported that the Board convened to Closed Session at 6:00 p.m.

Roll Call:
Board of Education:
Beatriz Leyva-Cutler, President – Present
Ty Alper, Vice President – Present
Judy Appel, Director/Clerk – Present
Josh Daniels, Director – Present
Karen Hemphill, 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:

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

Suspension and Demotion of Classified Employee #1966 

Motion to approve staff recommendation on demotion and ten day suspension of employee #1966:
Hemphill/Leyva-Cutler and approved unanimously 5-0

Separation Settlement Agreement with Classified Employee #9577

Motion to approve the separation settlement agreement with classified employee:
Appel/Hemphill and approved unanimously 5-0

2. Collective Bargaining Government Code Section 54957.6(a) (Lead Negotiator Legal Counsel Roy Combs) BCCE, Local 21 & BFT Negotiations

The Board received an update from legal counsel on this matter. No action was taken.

3. Superintendent's Evaluation (Government Code Section 54957)

Motion to approve the Superintendent’s evaluation tool for 2016:
Alper/Appel and approved unanimously 5-0 

OPEN SESSION

YEARLY ORGANIZATIONAL REQUIREMENTS

Appointment of Chair, Vice Chair, Secretary and Clerk  

Motion to approve the following appointments for 2016:
Beatriz Leyva-Cutler as Chair
Ty Alper as Vice Chair
Dr. Donald Evans as Secretary
Judy Appel as Clerk
Appel/Daniels
and approved unanimously 7-0

Approval of Proposed Regular Board Meeting Schedule for 2016
Motion to approve the proposed regular board meeting schedule for 2016:
Daniels/Appel and approved unanimously 7-0

Approval of Proposed Committee, Workgroup and School Assignments for 2016 

Motion to approve workgroup and school assignments with the addition of Hemphill as a second liaison to King Middle School:
Alper/Appel and approved unanimously 7-0

Proposed committee assignments will come back for Board approval in January 2016.

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve the regular meeting agenda:
Daniels/Alper and approved unanimously 7-0

PUBLIC TESTIMONY
A total of 13 people addressed the Board:

Two student representatives of BHS Black Student Union presented the Board a list of demands they’d like met in response to racism at BHS.  

Two people commented on the success of the Dec. 9 assembly at BHS and requested that more take place periodically.

Three people spoke on behalf of the Thousand Oaks bilingual program.

Three people spoke in support of the REALM Middle and High School Charter schools’ renewal.

Two people addressed the Board with regards to the African American studies department at Berkeley High.

A PCAD representative commented on disciplinary action.

COMMITTEE COMMENTS  
A DELAC representative provided an update on the most recent DELAC meeting. He reported that they took the opportunity to gather feedback from participants. He shared that one of the main concerns expressed by parents was the level of support students receive as they transition across BUSD schools. He said he would be sending the feedback they received as well as written recommendations to the Board and Superintendent.  

BOARD MEMBER AND SUPERINTENDENT COMMENTS
 
Director Daniels commended Judy Appel for her tenure as Board president and congratulated Beatriz Leyva-Cutler as she begins hers. He also thanked Director Pat Saddler, Debbi d’Angelo and the Superintendent for joining him at the California School Boards Association (CSBA) Conference in San Diego where they presented on BUSDs Local Control and Accountability Plan (LCAP). He also acknowledged the Berkeley Schools Fund Foundation for approving more than $200,000 in grants, including funding for more than half of our teachers. He went on to share that he attended the assembly today at BHS and was a very proud BHS alumni. He recognized Chris and Laura for a job well done in organizing and facilitating the African American Town Hall Meeting on Dec. 7. He has no office hours this month.

Director Keys stated that his goal as a Board member is to effect change and he is committed to do so.

Director Alper commented on the mitigations with respect to the 2211 Harold Way development project. He said he was confident that with BUSDs mitigations in place, BHS students and staff will be protected from the impacts of proposed construction plans. He noted that City staff initially recommended that the Council deny BUSDs appeal and approve conditions of approval without any further accommodations for our students and staff. He added that had we not entered into this agreement ahead of time, we would not have potentially secured additional mitigation concessions from the developer. He also noted that since the City’s full adoption of the language of our agreement into the binding conditions of approval, the concessions between the developer and BUSD are binding. He concluded by thanking Director Appel and Director White for their leadership throughout this process.

President Leyva-Cutler echoed appreciation for Director Appel’s leadership. She added that she plans to continue work around the Board’s efficiency by integrating a Board self-evaluation at the end of every meeting. In addition, she stated she was committed to addressing the issues that are repeatedly brought before the Board. She also thanked everyone who participated in the African American town hall meeting on Dec. 7.

Director Hemphill expressed her respect and admiration for the leadership of BSU in today’s activities at BHS. She stated that today was an opportunity for students, allies and community members to come together. While she acknowledged the frustration of the community with respect to African American student achievement, she added that it is also worth highlighting some of the positive things going on. Our LCAP, for instance, is being used as a model by other districts. She has no office hours this month. 

Director Paraiso-Arroyo reported that BHS will continue to hold periodic unity assemblies. He acknowledged BSUs demands and assured the students that the Board has noted them. He announced that BTA will be holding a community meeting where he, Director Keys and Director Appel will be speaking.

Director Appel stated that today was turned into a day of power and love. She thanked the teachers and the many adults that supported this effort. She announced that the fall musical will be at BHS on the following two Saturdays. 

Superintendent Evans applauded the students, teachers and staff who contributed to today's success. He also thanked Director Appel for a job well done as Board President. In response to Director Keys comments, he stated that change can sometimes be difficult and reminded the student directors that he is counting on their support and commitment to effect change.

CONSENT CALENDAR

Motion to approve the Consent Calendar:
Alper/Keys and unanimously approved 7-0

ACTION ITEMS  

Approval of Charter Renewal Petitions for REALM Middle School and REALM High School
Assistant Superintendent of Educational Services Scuderi presented his findings of REALM's educational program and Deputy Superintendent Cleveland presented her review of REALM's financial state. Questions and discussion followed.  

Motion to approve staff recommendation to approve the charter renewal petition for REALM Middle School and REALM High School:
Daniels/Appel and approved unanimously 7-0

Approval of First Interim Budget Report for the Period Ending October 31, 2015

Director of Finance, Pauline Follansbee presented the First Interim Budget. Her presentation captured changes to the budget since its adoption as well as multi year projections and other considerations. Questions and discussion followed.

Motion to Approve the First Interim Budget Report for the Period Ending October 31, 2015:
Daniels/Hemphill and approved unanimously 7-0.

DISCUSSION ITEMS  
Update on Literacy Coaches 
Joal Arvanigian, Michelle Sinclair and Maggie Riddle presented an overview of K-8 Literacy program. Their presentation covered curriculum and instruction, literacy coaching, assessment and next steps. Questions and discussion followed.

EXTENDED PUBLIC TESTIMONY

A community member addressed the Board with respect to the bullying report information item. 

ADJOURNMENT  
President Leyva-Cutler adjourned the meeting at 11:04 p.m.






 
11.20. Approval of Board of Education Minutes for January 13, 2016
Rationale:

BERKELEY PUBLIC SCHOOLS
Board of Education

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

Official Minutes
January 13, 2016

President Leyva-Cutler called the meeting to order at 7:42 p.m. She reported that the Board convened to Closed Session at 5:45 p.m.

Roll Call:
Board of Education:
Beatriz Leyva-Cutler, President – Present
Ty Alper, Vice President – Present
Judy Appel, Director/Clerk – Present
Josh Daniels, Director – Present
Karen Hemphill, Director – Present
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Keys, Student Director, BTA – Absent 

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

REPORT CLOSED SESSION
President Leyva-Cutler reported out on Closed Session:

Request for Record Expungement (Ed Code 48917(c)/48918):
Case #1516-02-051898 

Motion to approve the request for record expungement, including expulsion and suspension, in this matter:
Hemphill/Alper and unanimously approved 5-0 

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

Suspension of Classified Employee #8855
Motion to suspend classified employee #8855 for 30 days:
Hemphill/Alper and unanimously approved 5-0

Settlement Agreement with Classified Employee #4504 
Motion to approve settlement agreement with classified employee #4504:
Daniels/Alper and approved unanimously 5-0

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

The Board received an update on this matter; no action was taken.

Worker's Comp Claims (Government Code Section 54961): Intercare Claim #15-082442

Motion to approve Intercare Claim #15-082442:
Alper/Daniels and approved unanimously 5-0

APPROVAL OF REGULAR MEETING AGENDA
President Leyva-Cutler explained there would be a second opportunity for the public to comment specifically on Action Item 12.1, African American Town Hall Meeting Follow-Up.

At the request of Appel and Daniels, Consent Items 11.19 (Approval of Proposed Committee Assignments for 2016) and 11.13 (Approval to Discontinue Planning Process for Portables at Thousand Oaks) were respectively pulled. 

Motion to approve the agenda as amended by President Leyva-Cutler, Director Appel and Director Daniels:
Appel/Paraiso-Arroyo and approved unanimously 6-0

PUBLIC TESTIMONY
A total of four people addressed the Board:

One person addressed the Board about the Ethnic studies program

One person spoke in response to the racist threat authored in the Berkeley High library.

One person addressed the Board about the complaint policy.

One person commented on student discipline.

UNION COMMENTS
Paula Phillips, Berkeley Council of Classified Employees (BCCE), President

Phillips commented on Board Policy 4020: Alcohol-free and Drug-free Work Place and stated that the District should ensure compliance by implementing the following:  

1. Establish a policy statement

2. Establish a drug free awareness program

3. Notify employees that they must abide by the terms of the policy statement

4. Notify the contracting agency within 10 days after receiving notice that an employee has been convicted a criminal drug violation

5. Impose penalty by requiring satisfactory participation in a drug abuse assistance for rehabilitation program by any employee who is convicted of a reportable workplace drug conviction

6. Make an ongoing, good faith effort to maintain a drug-free workplace by meeting the requirements of the act. 

COMMITTEE COMMENTS
Laura Babbitt, Parent Advisory Committee (PAC), Chair

Babbit stated that the PAC is deeply invested in ensuring an excellent LCAP. She solicited support for staff to adhere to set bylaws to make sure our initiatives truly meet the need of our students. She added that the PAC has implemented a process for which they would like staff to support by adhering to steps and deadlines communicated to them.

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Daniels
Announced the BSEP event on Thursday, February 25 at 7pm in the Board Room. He also announced that the elementary and middle school enrollment deadline is Friday, February 5, 2016. Office hours: Saturday, January 30, from 1:30 p.m. to 3p.m. at Take 5 Cafe.

Vice President Alper stated that his office hours are on the website.

President Leyva-Cutler announced her office hours: Thursday, January 15 from 4:30p.m to 6 p.m. at Casa Latina.

Director Hemphill announced the Fifth Annual MLK Breakfast Celebration at HS Lordships on Jan. 18th, 8-10am. Office hours: Last Saturday of the month, 10-11:30am at Café Leila.

Director Paraiso-Arroyo stated that he was looking forward to the discussion around the African American town hall follow-up and BSUs demands. 

Director Appel sent her best wishes to one of our teachers who was a victim of gun violence. She also shared that the Restorative Justice Committee held a meeting at BHS with teachers, administrators, counselors and a couple of Board members. They identified goals and discussed “Where Discipline and Racial Equity Intersect”, an article from American Educator.
Office hours: Jan. 16, 1pm-3pm at MoJoe's Café.

Superintendent Evans encouraged everyone to attend the Fifth Annual Martin Luther King Breakfast Celebration.

CONSENT CALENDAR
Motion to approve the Consent Calendar without Consent Items 11.19 and 11.13, and with the revision to the Common Core Math Adoption item listed in the Nov. 18 Board meeting minutes:

Appel/Paraiso-Arroyo and unanimously approved 6-0

ACTION ITEMS
African American Town Hall Meeting Follow-Up
Time Allotted: 60 min.
Actual Time:  72 min.

Presenters:
Superintendent Evans
Pat Saddler, Director of Special ProjectsMaggie Riddle, Director of K-8 Schools

Superintendent Evans introduced this presentation as a follow-up to the African American town hall on Dec. 7, as well as to BSUs list of demands presented to the Board on Dec. 9. This presentation included a recap of the racial incident that took place on Dec. 4 and a list of some of the requests voiced by the community and BSU.

Some of the community’s requests included defined protocols for police interaction, a revised African American curriculum, increase in cultural pedagogy, more teachers of colors, addressing special education disproportionality and restorative practices.

Some of BSUs requests included a revised history curriculum to include Afro-centric history, full funding for BHS African American studies department, an on campus Black resource center, and an assigned committee to oversee retention and recruitment of teachers of color. 

In response, short, mid and long-term actions were outlined for each of the following categories:

  • #1.Physical Safety
  • #2.Psychological and Social/Emotional Well Being
  • #3.Academic, Intellectual Well Being

The short-term actions included:

#1 Physical Safety

  1. Develop a stronger communication protocol with stakeholders
  2. Develop Board Policy to address hate crimes and racial harassment
  3. Develop anonymous reporting system
  4. Establish policy/protocols outlining police interactions with students,
  5. Seek a city grant for an additional school safety officer to focus on preventative measures and restorative practices
  6. Provide training to current safety officers

#2 Psychological and Social/Emotional Well Being

  1. Develop a robust restorative justice program to begin in the fall of 2016
  2. Provide additional opportunities for peer-to-peer safe spaces

#3 Academic, Intellectual Well Being

  1. Create community brochures of initiatives and programs available for African Americans
  2. Align k-8 libraries/classroom and intervention reading materials to reflect African American culture

The mid-term actions included:

#1 Physical Safety

  1. Communicate safety plan to all stakeholders
  2. Increase parent presence on campus
  3. Develop automate notification system 

#2 Psychological and Social/Emotional Well Being

  1. Implement the robust restorative justice practices program
  2. Update counseling responsibilities
  3. Establish additional culturally relevant programs
  4. Hire and support African American teachers
  5. Facilitate parent empowerment workshops
  6. Establish a "being an ally" curriculum

#3 Academic, Intellectual Well Being

  1. Restructure high school counselor focus on targeted students,
  2. Implement college and career mentor program
  3. Expand Bridge program
  4. Differentiate programs for underserved children

The long-term actions included:

 #1 Physical Safety

  1. Hire TSA to infuse African American history into k-12 curricula,
  2. Facilitate more workshops
  3. Form a committee to address Special Education disproportionality

#2 Psychological and Social/Emotional Well Being

  1. Reexamine high school assignment lottery to ensure equitable placement
  2. Restructure learning communities
  3. Establish fill period leadership classes

#3 Academic, Intellectual Well Being

  1. Expand the African American Studies Department
  2. Strengthen relationship with universities

EXTENDED PUBLIC COMMENT

The Board gave an opportunity to the public to comment on this item. A total of five people addressed the Board:

Two BSU representatives expressed displeasure with the response to their demands.

Two NAACP representatives commented on BUSDs response to racism.

A PCAD representative highlighted some of the short, mid and long-term actions and said that this is the time to deliver.

Questions and discussion followed.

Director Daniels moved to approve staff recommendation with the exception of appointing an oversight committee to monitor progress and with the following modifications to the short-term actions:

  • No immediate action required for #1.a) Develop a stronger communication protocol with stakeholders, #1.b) Develop Board Policy to address hate crimes and racial harassment, #2.a) Develop a robust restorative justice program to begin in the fall of 2016, #2.b) Provide additional peer-to-peer safe spaces and all of the action items listed under category #3.
  • The adoption of #1.c) Develop anonymous reporting system, and #1.f) Provide training to Safety Officers.
  • The rejection of #1.d) Establish policy/protocols outlining police interactions with students #1.e) Seek a city grant for an additional school safety officer to focus on preventative measures and restorative practices.
  • No action recommended/taken on all other items.

Motion to approve staff recommendation as amended by Daniels:
Daniels/Alper and approved unanimously 6-0

DISCUSSION ITEMS

Approval to Discontinue Planning Process for Portables at Thousand Oaks 
Daniels explained that no new information has been presented since June 2015 when the Board approved continuing the planning process for portables at Thousand Oaks. Thus, he is not ready to vote to discontinue planning process for portable at Thousand Oaks. Questions and discussion followed.

Motion to adopt staff recommendation:

Appel/Alper and approved 2-4
Beatriz Leyva-Cutler, President – Yes
Ty Alper, Vice President – Yes
Judy Appel, Director/Clerk – Yes
Josh Daniels, Director – No
Karen Hemphill, Director – Yes
Angelo Paraiso-Arroyo, Student Director, BHS – No
Alaunte Keys, Student Director, BTA – Absent

Update on Local Control and Accountability Plan (LCAP) Intervention Programs for Secondary Students: AVID, Bridge and BHS Intervention Coordinator
Time Allotted: 45 min.
Actual Time:  52 min. 

Presenters:
Pasquale Scuderi, Assistant Superintendent, Educational Services
Pat Saddler, Director of Special Prjoects
Debbi d’Angelo, Director, Berkeley Research, Evaluation and Assessment

This presentation focused on middle school AVID, high school AVID, middle school Bridge, NHS Bridge Program and BHS intervention counseling. It highlighted key components of the program including organizational skills that promote academic success and professional development. Moving forward, the goal is to train more middle school teachers in AVID and create a plan for school-wide sixth grade AVID implementations. Questions and discussion followed.

Approval of Proposed Committee Assignments for 2016
Director Appel moved to approve proposed committee assignments for 2016 with her and Daniels on the BSEP committee. 

Motion to approve the proposed committee assignments for 2016 as amended by Appel:
Appel/Daniels and approved unanimously 6-0

ADJOURNMENT
President Leyva-Cutler adjourned the meeting at 10:40 p.m.









 
11.21. 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:             February 24, 2016
SUBJECT: Approval of Human Resources Reports

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



 
12. Discussion Items
12.1. Mid-Year Behavioral Health Services Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed. D., Superintendent
FROM:            Susan Craig, Ed. D.,  Director of Student Services
Pat Saddler, Director of Programs and Special Projects
Lisa Graham, Director of Special Education
DATE: February 10, 2016
SUBJECT:      Mid-Year Behavioral Health Services Update

BACKGROUND INFORMATION:
Understanding the current needs and strengths of BUSD students is critical to creating a comprehensive and integrated behavioral health system that promotes a positive school culture and climate to support social-emotional and academic success.  Our goal is to create welcoming and inclusive school communities, where all students thrive.  In 2015 BUSD staff led a needs assessment of mental health services and identified key issues such as a need for greater coordination of care and school-based prevention services, deeper implementation of Welcoming Schools, PBIS and Toolbox, through a lens of trauma-informed and culturally relevant practices.

Coordination of Services Teams 

The findings of this assessment led to significant additions across the district, including the implementation of Coordination of Services (COS) Teams at all TK through eighth grade schools.  These teams meet weekly at the middle school level and bi-weekly at the elementary school level.  These teams primarily consist of: the site principal, RtI2 teacher, education specialist, counselor, general education teacher, literacy coach, and an EL teacher.  At these meetings students that have been identified using multiple data points including: academic, attendance and behavior, including discipline, are discussed in depth.  The team analyzes student progress, areas of deficit, and creates a plan to continue improvement for each identified student.

Utilizing LCAP supplemental funding, each of the elementary and middle school sites has an RTI2 teacher, a mental health provider, and one of the elementary sites has a Restorative Justice pilot program. 

SEEDS provides Restorative Justice (RJ) support at all three of the middle schools.  The SEEDS contract includes direct services for students including peer training, mediation, reintegration and support circles; professional development and coaching for staff and school-wide support for positive school climate.  A new district level .60 FTE position, Coordinator of School Based Behavioral Health Services, was created in the 2015-16 school year.  This position is focused on creating and sustaining an effective Behavioral Health system at our elementary and middle schools.

At BHS a 1.0 FTE intervention counselor provides case management services to a targeted group of ninth grade students who are pre-identified through the 8th grade transitional rubrics, direct input from middle school counselors, and the Academic Support Index (ASI).  Additionally, LCAP funds one Restorative Justice (RJ) consultant at BHS.  

Berkeley Technology Academy (BTA) also receives funding for restorative conferencing and counseling services.

Alcohol, Tobacco, and Other Drugs (ATOD)

The City of Berkeley (COB) and BUSD have joined forces to address Alcohol Tobacco and Other Drug (ATOD) use by Berkeley’s youth through a positive educational and therapeutic approach. Two years ago, COB and BUSD agreed to provide matching contributions of $70,000 towards a contract with New Bridge Foundation to provide the ASPIRE Program, a research-based ATOD prevention and intervention program that includes a therapeutic component and education at Berkeley High School, Longfellow and King Middle Schools.

The ASPIRE Program was already offered through New Bridge at Berkeley Technology Academy and Willard Middle School through a grant. Through this joint effort between COB and BUSD, ATOD prevention education and intervention support are available at all BUSD middle and high schools.  The ASPIRE Program provides ATOD education and intervention support for students who are in possession and/or under the influence of ATOD while under school jurisdiction. ATOD intervention is used in lieu of suspension whenever feasible and allowed by law.

Behavior Specialists

Behavior Specialists collaborate with school sites to provide support for the development of their school-wide Positive Behavior Intervention Systems (PBIS) plans, Behavioral Response to Intervention (RtI2) systems and implementation of the Toolbox social-emotional curriculum.  In addition, they have provided multiple trainings to certificated, classified, and administrative staff on Non-violent Crisis Intervention (CPI) to create behavior crisis team response plans at each site, preschool through high school.  All efforts are made to provide supports to students in the least restrictive environment (LRE) in the public school setting, as supported by law and best practices.  There are currently 5.40 FTE for Behavior Specialists and a 1.0 FTE Special Education counselor, LCSW, at Berkeley High School (BHS).

The Ed Services Department will work with District Staff and the Advisory Groups to develop recommendations for increased Behavior Health Services deemed to improve culture and climate at all schools and will make Berkeley High School priority as per Year Three in the LCAP.

Current Partners Include:

  • Berkeley Mental Health (BMH)
  • Bay Area Community Resources (BACR)
  • Children’s Therapy Institute (CTI)
  • LifeLong
  • New Bridge
  • SEEDS
  • Bay Area Peacekeepers
  • Substance Abuse and Mental Health Services Administration (SAMHSA)
  • Berkeley Youth Alternatives (BYA)
  • Family Paths
  • Dovetail Learning/Toolbox
  • Welcoming Schools
  • Gender Spectrum
  • Pacific Center
  • Young Adult Project (YAP) and James Kinney
  • Justice In Action, with the City of Berkeley (COB)
  • Youth Works, City of Berkeley
  • Youth Institute, at PG&E Teen Center
  • East Bay Community Law Center
  • Y Scholars
  • Youth Spirit Artworks

POLICY/CODE:
BP 0460 - LCAP

FISCAL IMPACT:
$611,100    LCAP Supplemental

$70,000       ATOD

$520,000     GF

STAFF RECOMMENDATION:
Receive the report.











 
12.2. Staff Recommendations on Budget Priorities
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         February 10, 2016
SUBJECT:  Budget Priorities for Consideration for 2016-17 Base Grant (Unrestricted General Funding)

BACKGROUND INFORMATION:
The budget development process has begun for fiscal year 2016-17. Staff is currently in the process of assessing and allocating resources for alignment with the District goals and programs. The purpose of this board item is to summarize the list of current and competing priorities and to obtain direction from the board for items that the Board is not interested in funding or that may require additional information for consideration.  Staff is recommending that some budget requests be presented at the next Board meeting in more detail.  As part of the prior year budget for 2015-16, the Board approved several one-time expenditures to be funded from the District’s base grant funds.  Staff has analyzed these one-time needs and determined if ongoing funding should be allocated starting next school year. The District’s base grant funds have many competing programs and services that will require staff and the Board to evaluate and prioritize funding needs.  The District also must ensure that BSEP/Measure A funds will be able to support the purpose defined in the measure through the last year of the measure, fiscal year 2016-17. 

The District’s base grant funding is generated based on average daily attendance (ADA) and supports all of the District’s educational needs.  Although the District’s ongoing base grant funding is being restored with retroactive cost of living adjustments after years of state budget cuts, there are many demands on these funds including negotiations, programmatic needs, inflation and cost of living increases.  In addition, the State’s increase in employer retirement costs of $1 million for STRS and PERS in 2016-17 must be deducted from any additional ongoing funding, and further increases in this area will affect 2017-18 and the subsequent two years.  

The Governor’s January budget provides for $2 million of additional one-time funding that cannot fund ongoing programs and services.  These funds are a reimbursement for programs and services that are reimbursed by the State. These funds are unrestricted, however, the Governor recommends that these funds be used for content standards implementation, technology, professional development, induction programs for beginning teachers and deferred maintenance. The District has not allocated or reserved any one-time funding for fiscal year 2017-18. 

Staff will be analyzing the following needs and bringing back a recommendation for approval by the Board that includes prioritization of needs due to the District’s limited resources.


Common Core Implementation and Professional Training - $1,333,000 one-time funds

The transition to the Common Core State Standards (CCSS) continues to require additional investments at all grade levels and in most subject areas for professional learning and materials.

Staff is requesting funding for ongoing professional development and instructional coaching relative to new strategies, new curriculum, and key shifts in the approach to mathematics, science, and literacy instruction at elementary, middle, and high school relative to the new core standards. Educational services also seeks to continue the expansion of those learning opportunities for professional growth to the summer, and possibly on evenings and weekends during the school year.

The funds requested will also continue to support the implementation and continued development of the new math program for the high school.

Staff is attaching an updated budget proposal for common core that requests $1,347,340 for the 2016-17 School Year.

During school years 2013-14 and 2014-15, the Board approved use of a State-provided $1.8 million in one-time funds that could be used for CCSS implementation.

The Board most recently approved $935,000 in one time mandated cost reimbursement funds for CCSS implementation in 2015-16.  

There is no guarantee that the State will provide more restricted funding for implementation of Common Core, yet the State has recommended that districts use part or all of the mandated cost reimbursement funds (which are unrestricted and can be used for any educational purpose) to fund resource needs for Common Core. 

Mandated cost reimbursement funding for 2016-17 is estimated to be $2,009,000.  The Board has already reserved $1,190,000 for common core implementation in fiscal year 2016-17 from prior mandated cost reimbursement funds. Staff is seeking Board approval of a $1,347,340 investment in 2016-17.

Staff is also recommending that the Board reserve and an additional  $1,319,000 from the new mandated reimbursement funding for fiscal year 2017-18.

Should additional and/or more specific funding for common core become available between now and January of 2016, staff would obviously seek to first utilize those funds toward the proposed investments in common core and thus preserve more flexible funding like mandated cost reimbursements for other educational expenses.

The CCSS budget proposal is attached.

BSEP/Measure A Class Size Reduction (CSR) Programs - $2,000,000 in one-time cost

The current BSEP/Measure A will sunset at the end of fiscal year 2016-17, and it is necessary to ensure that the funds are sustainable through the end of the measure, while meeting the purposes set out under its terms.

The average teacher cost used to calculate BSEP Class Size Reduction (CSR) funding support to the General Fund remained fairly steady during the time of the State budget crisis, since there were no salary increases. The cost-of-living adjustments (COLA) for the General Fund were also not funded during that time. However, there was additional revenue generated to BSEP by applying the allowable COLA increase to the Measure A tax rate. A COLA of 4.94% in 2008-09 and 4.25% in 2009-10 was applied to increase the tax rate as stipulated in the measure. A decision was made to increase program support, as allowed by the measure, with this additional BSEP CSR revenue.

In 2008-09, $376,540 (3.85 FTE) was added to program support for literacy coaches. 
In 2009-10, $351,675 (3.8 FTE) was added to program support for middle school math CSR and $576,227 (5.5 FTE) was added for Response to Intervention (RtI, formerly ULSS).

Starting in 2013-14, after the passing of Proposition 30, the State initiated a new funding formula (LCFF) that is dedicated to the increasing general fund revenue over eight years to make up for previous reductions. In fiscal year 2013-14, the District began negotiating salary increases for positions that are funded in the general fund and also supported by the BSEP CSR resource. However, since 2013-14, COLAs for BSEP revenues have been at substantially lower rates than previous years (under 2%), and cannot support continued salary increases above the COLA, especially in an environment of 1.85% annual STRS cost increases. The projected COLA for 2016-17 is only 0.47%. In addition to the salary increases, the District has experienced enrollment growth which has increased the number of FTE supported by BSEP CSR.  In 2012-13, the BSEP CSR resource funded 127.46 FTE for classroom teachers; it funded 133.99 FTE in 2014-15, an increase of 6.53 FTE. For 2015-16 the projected FTE is 137.23.

After meeting the class size reduction requirement of BSEP Measure A, the CSR resource is projected to not have enough revenue and reserves to continue to fund the same level of program support that was provided in prior years along salary increases. Based on current BSEP budget model projections, the total CSR revenue is projected to be $16.3 million.  Estimated CSR costs are projected to be $14.8 million to meet class size averages, and the “Page Two” budget is projected at $808,000 for Expanded Course Offerings, $516,000 for Middle School Counseling,  $378,000 for literacy coaches, $183,000 for combo classes, $559,200 for Response to Intervention teachers (RTI) and $1.1 million for indirect cost for a total of 18.3 million.  The projected revenue of $16.3 million is $2 million short of cover all of the CSR cost.  The District reserved $2 million in the budget to support the excess cost in the last year of the measure if there will be no program reductions.  The District has also budgeted to pick up the BSEP CSR’s share of the 3% one-time bonus of $413,000 with the savings in base grant funds due to the new State funding for adult education. 

In fiscal year 2015-16, Staff proposed the use of one-time carryover funds, a combination of Economic Impact Aid (EIA) Replacement Funds, as well as a comparatively small surplus from the Educational Services department to cover some $360,000 in expenses from the BSEP “Page Two” budget to bridge most of a one-year funding gap of $400,000.   An additional $509,000 in CSR’s share of salary increases was also paid for by the District’s base grant funds.

Should the use of $2 million in designated reserves recommended by the Staff not be approved for these purposes, staff will have to make a full or partial reduction in program support and expanded course offerings.

Beginning Teachers BTSA - $278,000 annually for 3 years (EDUCATORS EFFECTIVENESS BLOCK GRANT)

It costs the District approximately $278,000 annually to support our beginning teachers depending on the number of enrollees into the program each year. Currently, there are 64 teacher participants in our district program. The expenses include a BTSA Coordinator at .40 FTE and 64 mentors, in addition to the per participant fee of $2,000 per participant with a BUSD Mentor or $4,000 per participant if matched with a non BUSD Mentor. 

The Educator Effectiveness Block Grant was approved as part of the State Budget in 2015-16 and the one-time funding of $1,035,000 can be used to support the following purposes over the next three years:

• Beginning Teacher and Administrator Support

• Coaching and Support for Improvement

• Standards Based Professional Learning

• Promoting Quality and Effectiveness                                                     

Staff will bring forward a plan on February 24, 2016 for the Educator’s Effectiveness grant that will include the BTSA costs to be paid from that source of funding; this will relieve the base grant funding of this obligation in the amount of $278,000 per year for 3 years for a total of $834,000.

Staff is recommending that BTSA be fully funded annually for the next three school years in the amount not to exceed $278,000 from the forthcoming Educators Effectiveness Grant; this will help to ensure compliance and meet new teacher professional development needs. Based on early data for next school year, it appears that there may only be 50 teachers in the program and therefore, less than $278,000 may be needed for next year.

The forthcoming Educator’s Effectiveness budget of $1,035,000 will also include proposed expenditures for the approximately $200,000 that will remain after the aforementioned induction costs are encumbered.

Theater Manager - $110,000 in ongoing cost

The Theater Manager at Berkeley High School is responsible for all aspects of coordinating, scheduling and supporting the school’s use of the facility, as well as booking, managing and supporting any outside user groups. Berkeley High’s use of the theater facility is extensive, well beyond the school day and into the weekends, limiting the potential for generating revenue from commercial rentals to major holiday breaks and the summer time. The Theater Manager is currently working full time just to manage the needs of the high school, and it is clear that Berkeley High values the space and does not want to cut back on their use. Commercial rentals would increase the workload of the theater staff, but all of those hours could be billable to the user groups at the overtime rate.

Based on the need of have a Theater Manager to support the instructional program at Berkeley High School and ensure student safety in the use of the community theater, staff is requesting ongoing funding of $110,000 a year for this position.

ATOD Prevention and Intervention - $70,000 in one-time cost

For 2014-15 and 2015-16, the City of Berkeley and BUSD agreed to provide matching contributions of $70,000 each towards a contract with New Bridge Foundation to provide the ASPIRE Program, a research-based ATOD (Alcohol, Tobacco, and Other Drugs) prevention and intervention program that includes a therapeutic component and education at Berkeley High School, Longfellow Middle School and King Middle School.

The ASPIRE Program is already offered through New Bridge at Berkeley Technology Academy and Willard Middle School through a grant. The program provides ATOD education and intervention support for students who are in possession and/or under the influence of ATOD while under school jurisdiction. ATOD intervention is used in lieu of suspension whenever feasible and allowed by law. Staff is recommending that this position be funded for fiscal year 2016-17 as city match funding is expected to continue to be paid from mandated cost reimbursement - base grant funds. 

Technology Needs

The twin goals of the Technology Department are: (1) to provide and support technology that supports teaching and learning in schools, and (2) to support systems that make schools operate in a more efficient manner. Digital skills are now a necessity for students at all levels, and providing each student with the opportunity to master these skills is a given in a 21st century school. From an equity lens, ensuring that these skills are taught during the school day ensures all our students are equipped to access the curriculum.

Schools that are leading the way in the use of Chromebooks are planning to move from two students per device this year in grades 3-5 to 1:1 next year. In order to also move to a 1:1 ratio of Chromebooks to students in upper elementary and secondary, a likely model for the district, like many other area districts, will require thought and planning. A workgroup led by Becca Todd and Allison Krasnow is working with upper elementary teachers to align technology resources with the grade level curricula. As part of the Common Core one-time expenses, professional development will be provided in instructional technology.

Listed are some of the large projects that are in process and will require additional resources.

  • Infrastructure build-out to support all students using digital devices. Wifi access points with of the capacity to serve Chromebook as well as other devices are underway. Network switches capable of multiple gigabit connection speeds are being implemented.
  • Replace the phone system. BUSD's phone system (with the exception of the district office) is old and outmoded. Replacement parts are difficult and in some cases impossible to replace. The phone system will need replacing at all schools. Planning has begun to initiate a district-wide replacement project beginning in summer of 2016.
  • Migrate financial and HR systems from a HP3000 server to Linux-based server. Any migration of mission-critical systems needs to be properly managed.
  • Lead district transition from paper-based systems to digital systems. Absence tracking and substitute time accounting are among the systems that could be fully automated with proper leadership and support.
  • Maintain the multiple instructional and non-instructional systems that schools and departments depend on like PowerSchool, Read 180, Destiny, VersaTrans, and many more.

School Technology Needs - $280,000 in one-time cost

There is an additional need for school technology purchases.  BSEP is no longer funding basic technology equipment purchases for maintaining the level of technology at schools. This year $80,000 was allocated out of one-time base grant funds for that purpose since cost increases and the new Tech Teacher Leader program have eaten up all money that was previously available for technology purchases in BSEP. At one time the BSEP funds for technology equipment amounted to  $24/student and now it is almost zero. In fiscal year 2017-18, under the new measure, some other mechanism may be found to fund this. An additional $80,000 is needed for school technology purchases in the last year of the measure.

Chromebooks are also needed to improve instructional technology. The focus for fiscal year 2016-17 is to increase the availability of Chromebooks in grades 3 through 12 classrooms. The estimated purchase of 600 chromebooks is estimated to be about $200,000. Staff Is requesting a total of $280,000 from new mandated cost reimbursement  – base grant funds for 2016-17.

Other Technology Needs -  $55,500 in ongoing cost and $6,500 in one-time cost

The District needs to improve internet bandwidth.  Although the District now has over 1 Gbit of internet access, projecting into next year we will need two Gbits. This requires an ongoing expense of $27,000.  Another need is to providing network security by ensuring every device user logs into the network. This would require $26,500 in one-time cost for first year and an ongoing cost of $20,000.  Our on-going PowerSchool fee has increased because of increasing enrollment for $3,500 and School Messenger fee has increased as we move into text and other methods to contact parents in the amount of $5,000.

Child Development - Reduce a Part-Day Section ($278,000), Transfer a Portion of the Savings to Cover Supervisory Compliance Requirements, and Generate Savings to the General Fund (Ongoing Contribution of $130,000 Generated Savings of $148,000)

The State Regulations under Title V require a 1:8 adult to child ratio at all times.  The District is currently out of compliance, as Child Development Center (CDC) staff must take breaks and lunches, leaving two people for 2 hours and 45 minutes a day in all classes. Compliance necessitates that Instructional Assistants with sufficient early childhood education units (IA ECE) provide the aforementioned release for staff throughout the day. The District must increase its staffing level by 2.6 FTE in Instructional Assistants with the necessary ECE units to meet compliance requirements. 

Staff has performed some additional analysis and is proposing to close a part-day class so as to reduce the district’s ongoing contribution and to repurpose a portion of those savings to cover the costs associated with meeting the required supervision ratios. Last year enrollment in the part-day program was low, and this year the enrollment is even lower. As a result, we are projecting to not earn our contact by approximately 10%.

The current general fund contribution of $278,000 that funds the part-day section is an outlier in the sense that it is extremely rare for districts to make that level of contribution to early childhood costs which state and federal funding almost uniformly cover.

The allocation of $278,000 currently required to run the part-day class will be saved upon closure of that section. Staff is recommending closure of the part day class, and recommending that the first $130,000 of those savings be used to staff an additional 2.6 FTE in IA ECE staff to meet mandated supervisory requirements; the remaining the remaining $148,000 constitutes a savings to the general fund.

Older Adult Program Funding - $205,000 (one-time cost 50/50 split between base grant funds and adult education carryover)

In 2015-16, the State budget brought a new stream of revenue dedicated to adult education. The District’s Adult Education Block Grant for 2015-16 is $2,723,819. This new revenue stream has somewhat different requirements and restrictions than previous adult education revenue. The new funding can no longer cover the Older Adult Program which was covered from the prior Adult Education base grant funding used at the same level.

Older Adult Education programs include lifelong learning courses for active seniors as well as frail elderly programs that are often held at retirement or convalescent centers. These programs are in fact fee-based, yet large segments of the students enrolled in these programs receive significantly discounted enrollment fees as a result of lower incomes.

Despite the fact that the programs are fee-based, last year, as in the preceding few years, fees covered only 7% of the total costs of lifelong learning and frail elderly programs combined. Specifically, in 2014-15, the total costs of older adult programs combined were $220,669 while the fees collected totaled $15,410. This year, carryover funds from the previous stream of adult ed revenue, funding that did not have the new restrictions on Older Adult expenditures, was used to cover the approximately $200,000 difference between total program costs and fees collected.

The Adult Education fund’s carryover dollars were used to fund this program in 2015-16 since there was not enough time to address funding with the Board; additionally, the new restrictions were not completely clear until July, when Berkeley Adult School (BAS) had already planned its offerings for the year. The new funding is not to be used to support courses designed for older adults (e.g., exercise, the arts, memory health) which have been consistently offered by BAS for many years.

As a one-year, one-time solution, staff is recommending that a $100,000 contribution from previous, less restricted adult ed revenue be contributed by BAS with a match of $105,000 from the district’s base grant funds.  The projected unrestricted adult education carryover at the end of 2015-16 is $250,000.

International Baccalaureate Coordinator  $30,000 in ongoing cost and Increasing Annually to Full Funding

Berkeley High’s International Baccalaureate accreditation requires a full-time IB coordinator. Originally fully funded by a private donor for multiple years, BHS parents and the BHS Development Group worked with site staff to solicit contributions to fund the position over time until the district could assume full funding for the position.

The arrangement and gradual release of funding by parents and private donors outlined in April of 2014 set the following funding expectations:

2014/15 school year $10,000

2015/16 school year $20,000

2016/17 school year $30,000

2017/18 school year $40,000

2018/19 school year full funding

Staff is requesting $30,000 from ongoing base grant funds be applied to the agreement above for the 2015-16 school year.

Emergency Response Trainings – $40,000 in ongoing cost

In 2011, the Transportation Manager wrote a successful grant for $250,000 to provide resources to coordinate Emergency Response Trainings. While the REMS grant provided a good base of training for staff who were present then, staff changes and the need for ongoing training remains.  $40,000 would provide a budget to do three group trainings annually and additional Alice Training for active shooter at the school sites. While one-time funds provided training in 2015-16, an ongoing source of funding for these vital trainings is necessary. The district invested significant facility bond resources towards school safety in 2015; these trainings would provide analogous training for staff.  Staff is requesting $40,000 in ongoing base grant funds.

Transcript Evaluation Services - $20,000 in one-time cost

Currently BUSD does not have an accurate and reliable way to track A-G eligibility for four-year colleges and universities. Given that one of the key indicators of the 20/20 Vision Partnership was college eligibility, the district has an ongoing need to better align our high school course titles and course listings on transcripts with the A-G Doorways provided and managed by the University of California’s Transcript Evaluation Service.  

Currently, UC has provided three years of free transcript evaluation services through the 20/20 partnerships, and progress toward A-G eligibility is available for all students. However, without additional cleanup and alignment efforts, the reliability and accuracy of student progress is compromised. Cleaning and aligning our course titles and course listings means ensuring that the best channel at our disposal to update parents on progress toward 4-year college eligibility during high school remains readily available and accurate. Cleanup is also essential to ensuring that students receive the most accurate interpretation and analysis of their transcripts during the college application process.

According to TES 50% of our courses do not readily align or match with previously submitted and approved A-G course titles. UC Berkeley’s Center for Educational Partnerships has previously worked with OUSD and SFUSD to clean up and align course titles for transcript purposes. UC staff will work with BREA staff and site administrators and counselors in a consultant capacity to perform this work. The contract will include ongoing follow-up and training in order to increase efficiency and decrease error or misalignment moving forward.

Staff is requesting $20,000 in one-time costs to be paid from mandated cost reimbursement - base grant funds. 

Special Education Needs- $180,000 in ongoing cost

Special Education has been using hourly instructional needs to support both unfilled positions, absences and to meet compliance obligations for support in the classroom.  Due to the difficulty to recruit instructional aides and maintain an eligibility list with enough candidates, the Department has used hourly instructional assistants to meet the needs of Special Education students.  Staff is exploring the opportunity to recruit permanent employees that can be provided with professional development and provide a much needed consistency in staffing to improve the quality of special education services.  Staff will bring forward a Board item on February 24th that identifies the need for instructional assistants based on IEPs and moderate to severe student populations for each school site.  In March, staff would like to begin recruitment for 12 permanent instructional assistants for next school year and thereby, reducing the hourly instructional assistants by the same number.  An additional $180,000 from base grant funds will be needed to cover the additional benefit cost for permanent employees. 

Other Budget Priority Considerations if More Funding Becomes Available

Technology Server Specialist - $110,000-$120,000 in ongoing cost

While the creation of the Technology Supervisor has led to much improved response to technology needs at the schools, there is still a significant lack of capacity to maintain our VMWare server infrastructure, which includes PowerSchool, Print Servers for schools, VersaTrans and Fleet Vision (Transportation), Destiny (Library), Read180 (instructional), Shoretel and Mitel (telephones), Food Service (Nutrition Services), web servers and other servers.  Currently, the server responsibilities are juggled by several people in the Tech Department, but the lack of a clearly identified point person causes issues with timely support and the ability to fix issues quickly. Staff has identified the need for a Server Specialist to support these needs. This position is not fully costed out, but with fringe benefits would likely be $110,000-$120,000.

Additional Registered Nurse (RN)- $120,000 in ongoing cost to be split cost 50/50 with Medi-Cal Collaborative Funding

Due to the significant increase in the number of students with diabetes, and given the new regulations regarding EpiPen maintenance and training, Hearing/Vision screenings, and pre-enrollment immunization requirements, our current 1.0 FTE RN is unable to sustain the needs of these students along with the additional duties to assess, serve, and support students with IEPs who have significant health conditions.

A bill currently pending in legislation proposes a staffing ratio for nurses as 1:750 healthy students. Currently in BUSD the ratio is 1:6,500 (K-8 only).

Staff is identifying a need for an additional 1.0 FTE for another District Registered Nurse (RN) for 120,000 including benefits to be split 50/50 with Medi-Cal Collaborative funding. 

Occupational Therapist (OT)  - Ongoing $100,000 in ongoing cost split cost 50/50 with Medi-Cal Collaborative Funding

Currently Special Education staffs 5.0 FTE for occupational therapist service providers (1.0 of this FTE is for an Assistive Technology specialist) + 1.0 FTE for a Certified Occupational Therapy Assistant (COTA) to serve students with IEPs. However, there is a significant need for OTs to provide services to students who do not have an IEP via RtI support, teacher training or for 504 plan services. Currently the SpEd OTs serve 25% of their time addressing general education student & staff needs which takes away their available time to serve students with IEPs who require their services.

Staff is identifying a need for an additional 1.0 FTE for another Occupational Therapist (OT) for $100,000 including benefits to be split 50/50 with Medi-Cal Collaborative funding. 

Human Resources Generalist - $128,000 in ongoing cost

The Payroll Department performs some of the duties that should be performed in Human Resources.  This has been a concern for many years but there have not been enough resources in Human Resources to address it.  The job functions that Payroll performs on behalf of Human Resources include employee setups in the system, salary schedules, and STRS and PERS monitoring and compliance.  Based on auditing standards, there should be a segregation of duties between employment processing of new hires and processing of payroll.  Currently Payroll performs both sides of the transaction due to the lack of resources in Human Resources to perform this function.  The compensating control is that HR provides a supporting document to payroll for the salary placement for Payroll staff to input the information on their behalf, which creates a lot of unnecessary paperwork.  In other Districts, the employee setup in the system is performed in Human Resources.  The input of employee setups by Human Resources will prevent duplication of work and reduce the volume of paperwork flowing between departments.  Payroll operates with a Payroll Supervisor and two Payroll Specialist and due to the enormous workflow have not been able to ensure accuracy with salary payment and STRS and PERS reporting.  The District was recently audited and many discrepancies were noted with the STRS and PERS reporting in that Human Resources should be monitoring and processing.

Compared to most school districts with the size of Berkeley’s budget, the Human Resource department is larger and contain more than one HR Generalist.  The HR Generalist will focus on transactional and administrative duties to increase the efficiency of customer service delivery.  A Generalist assists senior management by providing human resources services including talent acquisition, employment processing, compensation management, training and development and records management.  In addition, develops human resources solutions by collecting and analyzing information and recommending courses of action.  This includes organizational data maintenance, leveraging knowledge base to troubleshoot and resolve a variety of system challenges, conducting regular audits and reconciling data to ensure accuracy, leveraging workflow tools, and collaborating with other departments to establish sound operational systems and procedures. The Generalist prepares reports by collecting, analyzing and summarizing data and trends. The Generalist also ensures compliance with federal, state and local legal requirements including STRS and PERS by studying existing and new legislation, anticipating legislation and enforcing adherence to requirements and advising management on needed actions.  Staff is identifying the need for an HR Generalist in Human Resources for $128,000 including benefits.

Lead Positions in Fiscal Services - $17,000 in ongoing cost

There are several Departments within Fiscal services that only have three employees and are heavily impacted with one person taking on a lead role in supporting the review, support of other employees within the Department.  Theses employees perform job functions that support the Supervisors in a lead capacity and support the team when the Supervisor is absent.  These Departments include Payroll, Accounts Payable and Risk Management.  Staff is identifying a need for three lead positions that would need to be approved by the Personnel Commission to pay an additional 10%.  The total ongoing cost impact is $17,000.  These lead position may be able to be funded within the current budget without an additional need for base grant funds.  Staff will make this determination while uploading the new budget. 

FISCAL IMPACT:
The District has limited ongoing base grant funding. The increase in base grant funding is $1.5 million for 2016-17.  However, there are also increasing costs including step and column, inflation (CPI), and increases in employer-paid retirement costs of $1 million for STRS and PERS due to the State’s increase in rates.  Employer-paid retirement costs are scheduled to increase another $1 million in fiscal year 2017-18.  After the impact of the Governor’s January Budget and multi-year projections, the District is projected to have a structural deficit in the amount of $180,000 in 2016-17 after removing the impact of one-time revenue and expenditures and end the year with a fund balance of $4.5 million.  These numbers can change up or down by the time the budget is actually adopted based on the Governor’s May Revision, enrollment projections and other key assumptions not available at this time.  Staff recognizes that based on the current projections and deficit spending needs to be monitored.    Staff worked to limit the amount of proposed new expenditures while acknowledging that there are some ongoing needs that may not have a funding source. 

The Staff recommendation will cost $376,904 in ongoing base funding and will add to deficit spending in the unrestricted general fund. With the proposed ongoing budget recommendations, the projected deficit spending will grow to a projected $546,904.  The staff recommendation also includes a request for $355,840 in one-time funds from new mandated cost reimbursement revenue for 2016-17 and $3,190,000 from the unrestricted general fund reserve that was specifically designated by the Board for common core and program support/ECO needed due to shortage of BSEP funds in the last year of the measure.  The $3,190,000 for common core and program support/ECO has already been projected in the expenditure budget for 2016-17 and is not a part of the projected undesignated ending fund balance of $4.5 million.  Therefore, the impact of the projected deficit spending of $546,904 and additional one-time needs of $355,840 will reduce the undesignated ending fund balance from $4.5 million to about $3.6 million.  Staff is also recommending that the Board reserve another $1,319,000 for common core implementation needs in 2017-18 that will leave a projected undesignated balance of $2.3 million at the end of the 2016-17.

The demands for unrestricted general funding include many competing programs and services; funding is limited. Staff in conjunction with the Board will need to prioritize District programs and make trade-offs to ensure that the programs and services due not create unmanageable structural deficit.

STAFF RECOMMENDATION:
Receive for Information and provide direction staff on program and support cost that should or should not be moved forward for action.








 
Attachments:
Preliminary CCSS Budget 16-17
13. Information Items
13.1. CALPADS Enrollment Data from October 2015
Rationale:


TO:        Board of Education
FROM:    Pasquale Scuderi, Assistant Superintendent for Education
DATE:      February 10, 2016
SUBJECT:  CALPADS Enrollment data from Oct 2015

BACKGROUND INFORMATION:
Every year the district reports its enrollment numbers as well as other demographic information as of the first Wednesday in October to the state as part of its CALPADS reporting. This year the reporting date was October 7, 2015.

It is interesting to note that the enrollment growth of the past two years has leveled off. 

POLICY CODE:
Ed Code 49550 

FISCAL IMPACT:
No direct fiscal impact. State revenues are derived from Average Daily Attendance as well as the % of students eligible for LCAP additional funding. 

STAFF RECOMMENDATION:
Receive enrollment numbers, percentages of students participating in the National School Lunch Program, and other demographic information for information.





 
Attachments:
CALPADS Enrollment Data from October 2015
13.2. School Accountability Report Cards (SARC) for SY 2014-15
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Board of Education
FROM:      Donald Evans, Ed.D., Superintendent
DATE:       February 10, 2016
SUBJECT:  School Accountability Report Cards (SARC) for SY 2014-15

BACKGROUND INFORMATION:
Every school in California is required by state law to publish a School Accountability Report Card (SARC) by February 1 of each year. The SARC contains information about the condition and performance of each California public school. All data are reported for the 2014-15 school year, unless otherwise indicated.

Berkeley Unified School District has posted the 2014-15 SARC for all of its schools on the BUSD website: http://www.berkeleyschools.net/2016/02/01/2015-school-accountability-report-cards/.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the 2015 School Accountability Report Cards for information.




 
13.3. Williams and Uniform Complaints Quarterly Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Dr. Susan Craig, Director, Student Services
DATE:        February 10, 2016
SUBJECT:  Williams and Uniform Complaints Quarterly Report

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:

  • There should be sufficient textbooks and instructional materials for all students, including English learners.
  • School facilities should be clean, safe and maintained in good repair.
  • All classes should be taught by properly credentialed teachers.

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 October 1, 2015 and December 31, 2015 there were no Williams Complaints filed during this time period.

POLICY/CODE:
Ed Code 35186
Board Policy 1312 

FISCAL IMPACT:
None 

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




 
Attachments:
Quarterly Report on Williams Uniform Complaints
13.4. Education Specifications Asset Plan Status/Update
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:          Timothy E. White, Executive Director of Facilities
DATE:        February 10, 2016
SUBJECT:  Education Specifications Asset Plan Status/Update

BACKGROUND INFORMATION:
Enrollment trends in Berkeley Unified School District indicate a need for additional classroom capacity in the 2016-17 school year and beyond. Available classroom spaces are very limited in Berkeley schools, so the District is faced with the question of where to house additional students. To this end, Berkeley Unified engaged MKThink starting in December 2015 to conduct a capacity analysis of Berkeley Public Schools and to develop a set of education specifications to set standards for school facilities.

The scope of work is broken up into two different parts: Capacity Analysis and Education Specifications. The associated work for each part is outlined below.

Capacity Analysis:

Steps 1-2 have been completed
Steps 3-7 remain to be completed

  1. Conduct walkthroughs at all schools to identify current classroom uses. Site visits started in January 2016 with expected completion February 12. Schools visited as of February 5:

January 20:
Cragmont Elementary
Thousand Oaks Elementary
Oxford Elementary

January 21:
Jefferson Elementary
Rosa Parks Elementary
Washington Elementary
Malcolm X Elementary

January 22:
Emerson Elementary
Berkeley Arts Magnet School
John Muir Elementary

February 2:
Martin Luther King Jr Middle School
Willard Middle School
Longfellow Middle School
LeConte Elementary

February 3:
Hopkins Early Childhood
Franklin Preschool
Berkeley Tech Academy
King Childhood Development Center
Berkeley Adult School

February 4:
Berkeley High School
(One remaining site visit to West Campus will be scheduled for week of February 8)

  1. Engage executive staff and board members (started in January and continuing through February)
  2. Assess school capacity based on classroom inventory and classroom loading models (February 8-16)
  3. Make recommendations to facilities department regarding grade configuration for new school (February 17)
  4. Support facilities department in recommendation to Board of Education for grade configuration of new school (February 24)
  5. Develop scenarios for location of new school (February 29-March 25)
  6. Make recommendation to facilities department regarding location and facilities strategy for new school (March 28)

Education Specifications: 

Step 1 is currently underway
Steps 2-6 remain to be completed

1. Engage executive team, board members, and school operators in needs assessment of Berkeley schools operations (January-March), the following is a list of expected engagements:

    • Engagements with Board Members (began January 29, to continue)
    • Engagements with Assistant Superintendent (began January 29, to continue)
    • Engagements with Director of Schools (began January 29, to continue)
    • Engagements with Director of Special Projects
    • Engagements with Director of Student Services
    • Engagements with Operations Manager
    • Engagements with Early Childhood Program Leaders
    • Engagements with Adult Education Program Leaders
    • Engagements with Director of Special Education
    • Engagements with Director of Technology (began January 15, to continue)  

2. Develop guidelines for Berkeley school facilities given stakeholder input (February-March)
3. Develop detailed education specifications based on guidelines for Berkeley School facilities
4. Present education specifications and design guidelines to facilities team for review (April 1)
5. Revise education specifications and guidelines given feedback from facilities department and executive staff (April)
6. Present final Education Specifications and design guidelines to Berkeley executive team, the Board and community (April-May)

Given the Board’s direction to report recommendations by February 24, the team has chosen to prioritize the capacity analysis and associated site visits over the education specifications. This analysis will inform decisions pertaining to grade-level configurations for a new school and the location of and strategy for school facilities to accommodate a new school.

Future work on the Education Specifications scope will occur concurrently with the remaining work of the capacity analysis. Once the size and location of a new school is determined through the capacity analysis, the education specifications will set the standards for facilities to accommodate the new school.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:

Accept this report.




 
13.5. Board Bylaws 9200 and 9310
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:            Board Policy Subcommittee
DATE:             February 10, 2016
SUBJECT:    Board Bylaws 9200 and 9310

BACKGROUND INFORMATION:
On January 29, 2016, Board Bylaws 9200 (Limits of Board Member Authority) and 9310 (Board Policy Manual) were reviewed by the Board Policy Subcommittee to make sure they reflect the District’s governing principles and operational structure. They are now being submitted as information for First Reading. 

POLICY/CODE:
Education Code: 48200, 48204, 48207
Government Code: 244, 6206, 6207
BP and AR 9310

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept Board Bylaws 9200 and 9310 for Information and First Reading.






 
Attachments:
BB 9200
BB9310
14. 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.

15. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
16. Board Meeting Self-Evaluation
Quick Summary / Abstract:
With the end goal of improving efficiency and providing quality governance in conducting the business of the school District, a member of the Board will conduct a quick review of the Board meeting to assess compliance with adopted norms, procedures and protocols.

The following evaluative questions will be used to guide this discussion:

To what degree did we . . .

  • frame agenda items with an introduction and a closure summary?
  • allot time to agenda items proportionate to complexity, critical impact and timeline deadlines?
  • address the fundamental  problem at the root of issues, not just the symptoms?
  • model mutual respect, effective interpersonal communication and civility?





Rationale:





 
17. Adjournment

The resubmit was successful.