The Presiding Officer will call the meeting to order at 6:45 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed. D., Superintendent
FROM:            Delia Ruiz, Assistant Superintendent, Human Resources             
DATE:             March 9, 2016
SUBJECT:      Resolution 16-026:  Board Consent Authorizing Teacher to                      
Teach in Departmentalized Setting

BACKGROUND INFORMATION:
Pursuant to Education Code section 44258.3, the governing board of a public school district may assign a teacher to teach any subject in a departmentalized setting provided that the governing board verifies, prior to making the assignment, that the teacher has adequate knowledge of the subject to be taught, and the teacher consents to that assignment. 

Staff recommends that the Board authorize Stanley Nakahara to teach Sports Medicine. In accordance with the Education Code, subject matter specialists conducted the necessary review to determine the teacher's competence in that subject, staff has informed the Berkeley Federation of Teachers (BFT), and the teacher has submitted written consent to teach Sports Medicine.

POLICY/CODE:
Education Code 44258.3

FISCAL IMPACT:
None

STAFF RECOMMENDATIONS:
Approve Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Lisa Graham, Director, Special Education
DATE:           March 9, 2016
SUBJECT:     Approval of Master Contract for Nonpublic School Services for 2015-16 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available. For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. Transportation costs are included in special education transportation budget. 

All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 39800
Board Policy 3310

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $34,471.40 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the increases to Master Contract for the nonpublic school listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed. D., Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent
DATE:          March 9, 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. Ratification of Contract with Hearing Conservation to provide hearing screening services to BUSD students for the period from 7/1/15 – 6/30/16. The cost will not exceed $16,756. To be paid from General Fund. Requested by Lisa Graham.
2. Ratification of Contract with Illuminate Education to provide reporting tools and graphs to simplify the data analysis process for BUSD. The cost will not exceed $52,330. To be paid from BSEP Measure A Funds. Requested by Debbi D’Angelo.
3. Ratification of Contract with Hertz Equipment Rental to provide equipment rental as required by the Maintenance Department for the 2015-16SY. The cost will not exceed $15,000. To be paid from Measure H Fund. Requested Stephen Collins.
4. Ratification of contract with Rachel Hurwitz to provide Equity Storytelling Project to Martin Luther King Middle School for the period from 1/4/16 - 1/31/16. The cost will not exceed $10,500. To be paid from PTA Donation and Restricted Donation Funds. Requested by Janet Levenson.
5. Increase in contract, PO#161479 to Baker Vilar Architects for architectural support for DSA closeout of Rosa Parks. The Board approved $25,000 on 12/9/15. The additional amount will increase the purchase order by $35,000 for a total amount of $60,000. To be paid for from Measure AA. Requested by Timothy E. White

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

STAFF RECOMMENDATION:
Approve the contracts with consultants or independent contractors as submitted.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:        March 9, 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. Target donated $697 through their Take Charge of Education program to be utilized as needed for Thousand Oaks Elementary School.
2. Muriel Land donated $91.34 through Ackerman’s Servicing Volvos Inc. to be utilized as needed for Rosa Parks Elementary School.
3. Target donated $491.64 through their Take Charge of Education program to be utilized as needed for Rosa Parks Elementary School.
4. King PTA donated $149.39 to purchase volleyballs for physical education for Martin Luther King Middle School.
5. Philanthropic Ventures Foundation donated $825 to be used to fund field trip to Peralta Hacienda for Cragmont Elementary School.
6. Berkeley Public Schools fund donated $6,337.60 to cover substitutes cost allowing teachers to attend an all-day retreat and $5,520 to reimburse the hourly pay account to pay for teachers working after school on the Design team for a total donation $ 1,857.60 for Berkeley High School.
7. Berkeley Public School Fund donated $1,478 to purchase car kits for STEM Elective for Martin Luther King Middle School.
8. Silicon Valley Community Foundation donated $250 to be utilized as needed for Thousand Oaks Elementary School.

BOARD POLICY:
BP 3290

FISCAL IMPACT:
The District received a total $15,839.60 in donations. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities         
DATE:         March 9, 2016
SUBJECT:  Approval to Increase the Budget for Malcolm X and Longfellow Facilities Projects

BACKGROUND INFORMATION:
On March 25, 2015, the Board rejected all bids for the Malcolm X stucco and window replacement project as well as the exterior painting of Longfellow Middle School. The Board authorized staff to re-advertise the project with the exterior painting of Longfellow Middle School only. On May 20, 2015, the Board awarded the project for $175,000 to the contractor. 

The current $180,000 budget was part of a larger $1.9M budget and could absorb soft and hard costs related to the project.  At the time of award the budget was not increased and facilities is requesting approval at this time.

The budget required to cover the remaining costs, including architectural fees, hazardous materials costs and final contract costs is estimated at $80,000.

POLICY/CODE:
Public Contract Code 20110 - 20118 and 5100-5110

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

STAFF RECOMMENDATION:
Approve the budget increase for the exterior painting project for Longfellow Middle School in the amount of $80,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities 
DATE:         March 9, 2016
SUBJECT: Approve the Advertisement of the Cragmont Paint and Floor Project

BACKGROUND INFORMATION:
On March 12, 2014 the Board approved a project to perform painting and flooring replacement at Cragmont Elementary School. The design is expected to be completed in early March. We anticipate being ready to bid in mid-March.

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 AA.    

STAFF RECOMMENDATION:
Approve the advertisement to solicit bids for this project. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities 
DATE:         March 9, 2016
SUBJECT: Approve the Advertisement of the Washington and Rosa Parks Grounds Improvement Projects

BACKGROUND INFORMATION:
On March 12, 2014 the Board approved a project to provide grounds improvements at Washington Elementary School and Rosa Parks Elementary School. The designs are in their final stages and we anticipate being ready to bid in mid-March.

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 AA.    

STAFF RECOMMENDATION:
Approve the advertisement to solicit bids for this project. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         March 9, 2016
SUBJECT: Approval of Piggyback with Mobile Modular Management Corporation and Contract Adjustments for Malcolm X

BACKGROUND INFORMATION:
The interim housing portion of the project for the work at Malcolm X will require construction during summer of 2016.  In order to expedite the project, staff recommends the use of an existing “piggyback” contract with Mobile Modular Management Corporation that was awarded after a public bid #1467 with the Franklin McKinley School District on September 24, 2013 under Consent Agenda Item 7.11. Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for a period of five years.

Staff recommends the following actions for the interim housing project. 

Authorize staff to Enter into an Agreement with Mobile Modular Management Corporation to lease and install portables as part of an existing Piggyback bid. Not to exceed one-time costs for installation of $66,299 and ten months lease total $94,130. Cost upon breakdown and return of interim portables of $51,105. Total cost for this authorization of $211,534.

Authorize Additional Services in the amount of $94,129 for WLC Architects for design and engineering services for the portables installation.

Authorize Additional Services for Van Pelt Construction Services in the amount of $79,500 for Project and Construction Management Services on the portables construction

POLICY/CODE:
Public Contract Code 20118

FISCAL IMPACT:
Total this action: $385,163 from Measure A Funds. Malcolm X project budget adjustments will be incorporated into the annual revised plan.   

STAFF RECOMMENDATION:
Authorize piggyback contract for modular buildings with Mobile Modular Management Corporation and associated project costs, contract adjustments for Architectural, Construction Management, and consulting services for the updated Malcolm X Building Envelope Rehab Project.           

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent

FROM:        Timothy White, Executive Director of Facilities

DATE:         March 9, 2016
SUBJECT: Malcolm X Elementary School Building Envelope Rehabilitation Project Adjustments

BACKGROUND INFORMATION:

This item is the first follow-up on the Facilities Plan Modifications approved by the Board at the meeting of January 13, 2016.

This project has been improperly named and identified as, “Malcolm X Elementary School painting and flooring”. As a house keeping measure and for clarity of purpose, we are formally renaming the project to accurately reflect the work necessary to perform. The new project title, Malcolm X Elementary School Building Envelope Rehabilitation Project, will be used to refer to this project from this date forward.

The scope of work required to successfully complete the Malcolm X Building Envelope Rehabilitation Project needs to be adjusted to reflect new information contained in the report “Investigation of Exterior Wall Cladding Malcolm X Elementary School,” prepared by Intertek Architectural Testing. This report identifies significant deficiencies in the exterior cement plaster (stucco) system, including deteriorated or missing waterproof membrane, plaster cracking, and corroded or missing flashings. This has resulted in areas of dry rot and water damage to the building sheathing and wood framing. 

Previous work by the District and WLC Architects had identified window replacement as a priority. The aging wood windows have been adequately maintained but are beyond their useful life and subject to further impacts from the failing stucco system. Window replacement and exterior stucco system replacement must be completed at the same time to ensure a comprehensive building envelope rehabilitation.

In consideration of the extensive scope of work, and the potential for large areas of water damage repair once the stucco and window removal is underway, it is clear that this project cannot be completed in one summer renovation period as originally planned.  Facilities staff and Van Pelt Construction Services have identified a preferred approach that allows for construction over a 10-month period, without disruption of the school, using temporary housing for students and staff.  Work would be phased around the building, and classrooms adjacent to the work would be moved out to the temporary housing for the duration of construction in their area. This approach will require a minimum of nine portable classrooms and one restroom portable.  The proposed temporary housing would be placed at the north edge of the site along Ashby Ave. as shown in the attached drawing.  Facilities staff has reviewed the interim housing concept and proposed location with the site. 

There are budget impacts associated with both the anticipated larger scope of work on the building envelope and with the Interim Housing project. First, the original project had bid in 2015, and was eventually not awarded because all bids received were well over the District’s budget. It is recommended to increase the projects construction budget, to allow for cost escalation and scope increase, by $921,800 based on our most recent estimates. In addition, it is recommended to add a Special Contingency for Water Damage of $200,000. There are associated increases in project costs for the Architect and consultant team to update the plans and specifications. The Interim Housing portion of the project is estimated at $1,608,406, including building rental and site construction, and associated project costs.

The Malcolm X site has a future systems project in the Facilities Master Plan scheduled for 2021, it is recommended that this budget be transferred to the current project and that the remainder of funds be transferred from the Risk Pool. After consolidation of all remaining budget funds for the site, there is a required budget augmentation of $918,768. When the project was originally bid, it was underestimated by over $1 million. The chart included below summarizes recommended budget adjustments. 

In order to complete work on this project, including installing the interim housing this summer, staff is recommending approval of modular buildings, additional project costs for Architectural and Construction Management services. These are summarized in a second item. 

POLICY/CODE:

Bond program systems replacements are meant to ensure longevity of our assets and the safety or our students and staff. 

FISCAL IMPACT:

A budget augmentation of $918,768 from Measure I Funds is required. Malcolm X project budget adjustments will be incorporated into the annual revised plan.   

STAFF RECOMMENDATION:

Approve adjusted project scope, project name, budget, and schedule for this project.            

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:           March 9, 2016
SUBJECT:      Adoption of New Text Materials for Berkeley Technology Academy in Computer Sciences

BACKGROUND INFORMATION:

The following course online materials were presented to the Board on February 24, 2016 for consideration and they are now being recommend for adoption:  AP Computer Science Teacher’s Guide:
http://apcentral.collegeboard.com/apc/members/repository/ap07_compsci_teachersguide.pdf

Student Activities – appendix B of above Teacher’s Guide
http://apcentral.collegeboard.com/apc/members/repository/ap07_compsci_teachersguide.pdf

We are requesting that this edition and future editions of the online course materials be adopted. 

As a “technology” Academy our desire is to use tech-friendly, core curriculum-based, hands-on materials.  The text materials and supplemental resources support our students learning Computer Sciences through direct instruction and application of computers into their everyday lives and toward future career pathways.  The objective of Computer Sciences is to introduce advanced technologies and teach students how to be proficient in their use of this tool, and how to create new tools to accomplish tasks more efficiently.

In this class, 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, technology, problem solving, safety, responsibility, ethics, teamwork, and technical knowledge.  This course is eligible to be certified by the University of California, which would certify this course as an “a-g” course. High schools are required to include this course on their own “a-g” list in their annual on-line update through the UC Web site.

The newly revised online courses offer a highly effective integration between text and media and encourage students to build a strong and long lasting foundation of knowledge.  It also aligns with several STEM professions.  This course is the best choice for our student population and we would like to use this course. Please consider adopting this course non-edition specific for future use in the event newer editions are published.

For additional review, you may access the website: http://apcentral.collegeboard.vom/apc/public/courses/teaches_corner/4483.html

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
Courses are online and free of charge

STAFF RECOMMENDATION:
Adopt the new and future editions of the online courses for Berkeley Technology Academy Computer Sciences classes in our BTA Information Technologies career pathway.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:           March 9, 2016
SUBJECT:      Adoption of New Textbook for Berkeley Technology Academy in Building Trades and Construction Career Pathway

BACKGROUND INFORMATION:
The following textbook was presented to the Board on February 24, 2016 for consideration, and are now being recommended for adoption:  Modern Carpentry, 11^th Edition, by Willis Wagner and Howard Smith, Goodheart-Willcox, 2008.  Berkeley Technology Academy staff is recommending this textbook for use in the course entitled BTA Construction Technology.  We are requesting that the 2008 edition and future editions of the book be adopted in conjunction with the previous books we have on campus.

As a “technology” Academy our desire is to use tech-friendly, core curriculum-based, hands-on materials.  The text materials and supplemental resources support our students learning building trades and construction through direct instruction and application of computers into their everyday lives and toward future career pathways. This textbook was most attractive to educators in the field because it allows students to have 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. Projects 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.

This textbook is the best choice for our student population and we would like to use this textbook. Please consider adopting this textbook non-edition specific for future use in the event newer editions are published.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$93.00 per book/x20 books - $1,860.00
Shipping and Handling:  $186.00
Shipping and handling:  $0.00

TOTAL:  $1,860.00

STAFF RECOMMENDATION:
Adopt the new and future editions of the textbook for Berkeley Technology Academy Construction Technology classes in our Building Trades and Construction career pathway.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE:         March 9, 2015
SUBJECT:  Overnight Field Trips

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

Cal-HOSA (Health Occupation Students of America) State Leadership Conference, Anaheim, CA, April 7-10, 2016

Approve participation of 18 students and 2 teachers from AMPS on a four-day, three-night field trip to Anaheim.  The group will depart Oakland International Airport Thursday, April 7, at 5:30 a.m. and return Sunday April 10, at 5:35 p.m.  Students will learn about medical terminology, health careers, and leadership skills.  Students will also have the opportunity to showcase their talents and accomplishments in the areas of health and science.  Attending the Cal-HOSA state leadership conference is a requirement of the health pathway grant.  Students will stay in supervised, gender specific rooms at the Anaheim Marriott Hotel.  The cost of $400 per student will be paid by CPA grant, fundraising and parent donations.  No student will be denied access based on inability to pay.  Requested by: Sam Pasarow, Berkeley High School Principal.

Point Reyes National Seashore, Marin County, CA, April 21-22, 2016

Approve participation of 10 BHS Counseling Enriched Class (CEC) students, 2 teachers, and 7 other adults from Berkeley High School on a two-day, one-night field trip to Pt. Reyes National Seashore in Marin, CA. The group will depart BHS on Thursday, April 21, at 9:00 a.m., and return Friday, April 22, at 2:30 p.m. Provide Counseling Enriched Class (CEC) students the opportunity to observe natural processes at Pt. Reyes so they might take a greater interest in environmental stewardship and science and to utilize various multiple intelligence modalities and differentiated instruction while addressing fundamental group dynamics such as positive cooperation. Students will sleep in gender specific tents.  Seneca will provide transportation via Seneca vans. The cost of $250.00 will be funded by Seneca entirely. No student will be denied access based on inability to pay. Requested by Diane Colborn, Special Education Supervisor BHS

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the overnight field trips consistent with the District policies and instructional programs.

BERKELEY PUBLIC SCHOOLS
Board of Education
Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-6206

Official Minutes
January 27, 2016 

President Leyva-Cuter called Open Session to order at 7:30pm. She reported that the Board convened to Closed Session at 6:00pm.

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 Leyva-Cutler reported out on Closed Session:

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

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

Conference with Legal Counsel Existing Litigation (54956.9)

OAH Case #2015110762
Motion to approve settlement agreement for OAH Case #2015110762:
Appel/Hemphill and unanimously approved 4-0
Beatriz Leyva-Cutler, President - Yes
Ty Alper, Vice President - Yes
Judy Appel, Director/Clerk - Yes
Josh Daniels, Director - Recuse
Karen Hemphill, Director – Yes 

OAH Case #2015091023

Motion to approve settlement agreement for OAH Case #2015091023:
Appel/Hemphill and unanimously approved 4-0

Beatriz Leyva-Cutler, President - Yes
Ty Alper, Vice President - Recuse
Judy Appel, Director/Clerk - Yes
Josh Daniels, Director - Yes
Karen Hemphill, Director – Yes

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Director Appel moved to extend time allotted for the Audit Committee to allow time for questions and discussion on their report.

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

PUBLIC TESTIMONY

A total of 14 people addressed the Board:

Three students and one parent commented on sexual harassment. The students shared some of their peers’ experiences. They also requested accessible, student-friendly language as part of a comprehensive sexual harassment policy, and better use of survey tools to assess the sexual harassment climate.

Two parents commented on Jefferson's after school program

Four people spoke on behalf of Thousand Oaks' bilingual program.

The NAACP president of the Berkeley chapter reported receipt of increased number of complaints from BUSD employees.

Principal Hazen spoke in support of the Washington Schematic Design Project.

Laura Babbit reported that PCAD has compiled comments for each of the action items presented at the last Board Meeting during the follow-up on the African American Town Hall Meeting and will be sharing with the Board.

One person commented on BB 9200 and raised some questions around the role of the Board.

PUBLIC TESTIMONY

Cathy Campbell, President of Berkeley Federation of Teachers, and a group of teachers addressed the Board about some of the challenges BIS is facing with respect to communication and professional development. 

COMMITTEE COMMENTS

Co Chair of the Audit Committee, Isaiah Roter, and BUSDs independent auditor Steve Welco reported that BUSD is in good financial condition. The District has received the highest praise possible by the auditor and no audit adjustments were proposed to any of the District’s funds. This year’s audit focused on adult education and child nutrition. The auditor determined that both programs were in full compliance and there were no findings. Additionally, the auditor reviewed all state programs and determined that all were in compliance, but there were two findings. The first was in attendance reporting at LeConte, where a student was improperly imputed for one day, and at Willard Middle, where two students were improperly imputed, resulting in a fiscal impact to the District of $19,500. The District will amend and resubmit attendance report. The other finding was in the area of materials, which became compliant after the mandated date. The auditor assured the committee that these findings were not systemic failures. As of this year the District will have to record its share in pension system liability. There has been an adjustment in the financial statement that reflects this change. Questions and discussion followed.

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Daniels shared that a three-judge panel seemed favorably disposed to rule that the existing school finance system could be found to be unconstitutional. He looks forward to seeing how this impacts BUSD fiscally. He also shared that he, Superintendent Evans and President Leyva-Cutler gave Vernon Billy, CSBA’s CEO, a tour of BUSD.

Director Keys asked why BTAs request for a school resource officer was denied.

Director Appel thanked President Leyva-Cutler for organizing a productive Board retreat.

Director Paraiso-Arroyo spoke in support of a more comprehensive policy/training around sexual harassment.

Director Hemphill shared that she has been collaborating with the Superintendent to more clearly respond to the requests voiced during the African American Town Hall Meeting.

Superintendent Evans commended Director Hemphill for a job well done as the cohost of the fifth Annual MLK Breakfast. Student award recipients will be announced at a subsequent meeting.

President Leyva-Cutler stated that her goal is to improve the efficiency of the Board's governance in order to better respond to requests from the community.

CONSENT CALENDAR

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

ACTION ITEMS 

Annual Report of Revenue and Expenditures in FY 2014-15 of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP) (Measure A) 
Time allotted: 15 min.
Actual time: 25 min.

Presenters:
Natasha Beery, BSEP and Community Relations, Director
Liz Karam, Senior Budget Analyst

This presentation displayed 2014-15 revenue allocation under BSEP Measure A of 2006 for class size reduction, site discretionary funds, music, visual and performing arts, public information, translation and P&O support, professional development, program evaluation, parent outreach/family engagement, technology, and library. Questions and discussion followed. 

First Interim Report of Revenue and Expenditures in FY 2015-16 of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP) (Measure A)
Time allotted: 15 min.
Actual time: 25 min. 

This presentation displayed 2015-16 fund balances for VAPA, Professional development, program evaluation, technology, public information, parent outreach, library, as well as adjustments to program budgets in technology, site discretionary funds, and class size reduction resource. Questions and discussion followed.

DISCUSSION ITEMS

Information on the Governor's Budget
Time allotted: 60 min
Actual time: 33 min

Deputy Superintendent Cleveland reported on the Governor's budget and its fiscal impact on the District. While the Governor continues to stabilize programs in all areas of the state budget and economic growth is much stronger than past years, it is time to consider of a potential slowdown.
Her presentation detailed the factors contributing to this potential slowdown. Questions and discussion followed.  

ADJOURNMENT
President Leyva-Cutler adjourned the meeting at 10:02pm.

BERKELEY PUBLIC SCHOOLS
Board of Education
Meeting Location: 1231 Addison Street, Berkeley, CA 94702
Phone: (510) 644-6206

Official Minutes
February 10, 2016

President Leyva-Cuter called Open Session to order at 7:40pm. She reported that the Board convened to Closed Session at 5:42pm.

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 (Excused tardy)
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 Leyva-Cutler reported out on Closed Session:

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

OCR Complaint #09-16-1075/Complaint #09-16-1066/Appeal of Complaint Resolution Per AR 1312.1 

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

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

Certificated Temporary Releases, Probationary Non-Reelections and Potential Administrative Reassignments

The Board heard a report on certificated temporary releases, probationary non-reelections and potential administrative reassignments; no action was taken. 

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

The Board received an update on BCCE, Local 21, UBA and BFT negotiations; no action was taken.

Settlement Agreement with Classified Employee #7621 (Government Code section 54957.1)

Motion to approve the settlement agreement with classified employee #7621:
Alper/Appel and unanimously approved 5-0

Superintendent's Contract (Government Code Sections 54957, 53262)

The Board discussed the Superintendent’s contract; no action was taken. 

APPROVAL OF REGULAR MEETING AGENDA 

At the request of Appel, Item 13.5, Board Bylaws 9200 and 9310, was moved to discussion. 

Motion to approve the regular meeting agenda as amended by Appel:
Alper/Appel and unanimously approved 6-0.

PUBLIC TESTIMONY
A total of nine people addressed the Board:

Two MX parents requested additional support and asked for an immediate solution to adequately address the growing need of MX.

A person thanked the Board for its decision to continue funding the lifelong program.

A parent advocated for a consolidated TK program.

A Washington school governance council representative thanked the Board for helping recruit and hiring Principal Hazen.

A Washington teacher advocated for additional support at Washington Elementary.

NAACP president of the Berkeley chapter asked to be included in the LCAP process.

A Mountain View school Board representative commented on the uniform parcel tax.

A PAC representative addressed the Board the importance of accountability. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Appel highlighted some consent items on tonight’s agenda, including an approval to purchase two portables and the approval of two new courses. She added that these items are a result of staff's hard work. She also shared that she attended the P&O meeting and encouraged the public's participation.

Superintendent Evans invited all to the budget workshop on Thursday, Feb 25 at 7pm in the Board Room. He also encouraged people to support our cooking and gardening program by participating Berkeley Dine Out.  

Director Daniels reported that the policy committee met and discussed the facility naming policy. He highlighted the Budget calendar which sets timeline for BSEP and LCAP related decisions. He also announced that on Feb 24 there will be a continued discussion on racial threat and more information that will direct our decision on opening a new school.

Director Keys asked about the possibility of BTA getting an SRO.

Director Hemphill shared that she has been spending time following up on the response to the racist threat and on making sure we are communicating progress to the community. In response to a public comment made earlier, she said that all of the LCAP data can be located on the District home page. She announced that the Office of Family Engagement will sponsor a meeting on police violence on Feb 20 at the BHS Community Center. This is an opportunity for parents to voice concerns and discuss how to best address them.

Vice President Alper reported that the policy subcommittee is working on developing clear protocols for staff to follow in response to incidents involving community-focused threat. The committee will look into best practices and possibly develop a policy or an administrative regulation outlining how we communicate with the community and how we respond as a District. We are also doing a deep dive into our student discipline board policy. He encouraged the public to attend our Board Policy Subcommittee Meetings.

President Leyva-Cutler shared that school accountability plans are up on the website. She thanked Dr. Craig for her work on a uniform safety plan template. 

CONSENT CALENDAR

Motion to approve the consent calendar:
Appel/Hemphill and unanimously approved 7-0.

DISCUSSION ITEMS

Mid-Year Behavioral Health Services Update
Time allotted: 30 min
Actual time: 48 min 

Presenters:
Pat Saddler, Director of Special Projects
Susan Craig, Director of Student Services
Rosina Keren

This presentation focused on behavioral health, restorative justice, collaboration with outside agencies, and coordination of services team. It also highlighted best practices, programs and services in place to support students in need. The preliminary suspension data displayed in this presentation indicated that the overall total number of suspensions is down and has steadily declined for the past six years. Presenters recommended continued assessment of how to provide integrated culturally sensitive services at each school, increased support in services for behavioral health and integrating a RJP perspective, and continued contract for support in specialized fields such as restorative practices, ATOD, and Sexual Harassment. Questions and discussions followed. 

Staff Recommendations on Budget Priorities
Time allotted: 30 min
Actual time: 38 min

Presenters:
Pasquale Scuderi, Asst. Superintendent, Ed Services
Javetta Cleveland, Deputy Superintendent

This presentation summarized current budget considerations with an anticipated $3.8 million deficit spend in 2016-17 including one time and ongoing expenditures. The presentations also displayed how restored and new funding has been expended. The Board weighed in on some of the budget considerations presented tonight. Questions and discussion followed.

Board Bylaws 9200 and 9310
Appel explained that she pulled this item to seek clarification on the process by which Board Bylaws and Board Policies are presented to the Board for first reading, whether it's listed as discussion or information. 

Daniels explained that the Board Policy does not dictate an approach and it is up to the President, Vice President and Superintendent to determine how it is listed. 

No objections were raised to leave the policy as it was currently written.

EXTENDED PUBLIC TESTIMONY

A total of four people addressed the Board:

Three teachers advocated for additional support at Malcolm X elementary.

One parent addressed the budget presented tonight and questioned why it did not list allocation to support action plan presented at the January 13 meeting. 

BOARD MEETING SELF-EVALUATION

Alper acted as the observer:

We did well at modeling mutual respect, effective interpersonal communication and civility.

We're getting better at framing the items. President Leyva-Cutler did a good job with providing and end summary following each discussion item. Director Hemphill modeled how to effectively frame the items.

As far as allotting time, we went over 18 min in the first and 8 min in the second.

Addressing issues at their root and not just the symptoms is challenging, but it is a great goal to keep in mind. 

Appel volunteered to act as the observer at the next meeting.

ADJOURNMENT  
President Leyva-Cutler adjourned the meeting at 10:28pm.

TO:             Board of Education
FROM:       Beatriz Leyva-Cutler, President, Board of Education
DATE:        March 9, 2016
SUBJECT:  Approval of Resolution 16-030  Marking March 21st to April 23, 2016 as the
Cesar E. Chavez and Dolores Huerta Commemorative Period in 
Berkeley Unified School District and City of Berkeley            

BACKGROUND INFORMATION:
In 1999, the Berkeley School Board passed a Resolution supporting legislation to establish a State holiday in Honor of Cesar Chavez, which would, among other things, support an annual commemoration of Cesar Chavez in public schools, colleges, and universities on March 31st. This legislation passed and the State declared Cesar Chavez’ birthday, March 31, an official State holiday.

The Resolution before us would establish March 8 to April 8 as the period of recognition for Cesar Estrada Chavez and Dolores Huerta in the Berkeley Unified School District and City of Berkeley.

This Resolution also affirms that the District will redouble its commitment and strongly urge principals to (1) hold school based celebrations, (2) engage students in service to their community, as an alternative to a school holiday, during the commemorative period (March 8 to April 8), and (3) publicize widely what each school is doing to honor the legacies of Cesar Chavez and Dolores Huerta.

School Board directors and city councilmembers are encouraged to participate in the Chavez/Huerta Commemorative Events at their respective “adoptive schools” and districts.

POLICY/CODE:
None 

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution No. 16-030 .

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Board of Education
FROM:            Board Policy Subcommittee
DATE:             March 9, 2016
SUBJECT:  Board Bylaws 9200 (Limits of Board Member Authority) and 9310 (Board Policy Manual)

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.

On February 10, 2016, they were submitted as information for first reading. They are now being submitted for approval.

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

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Board Bylaws 9200 and 9310.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Dr. Donald Evans, Superintendent 
FROM:       Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:        March 9, 2016
SUBJECT:  Berkeley High “All School Mural” Project

BACKGROUND INFORMATION:
The Berkeley High “All School Mural” was conceived by students who worked on the Mural independently, and had the opportunity to work with master artists Jos Sances, Miriam Klein Stahl, Eric Norberg and Andrea Sanguine. The students will also participate in its installation.

The mural, which honors and commemorates the peaceful march of over 2,000 BUSD students in November of 2015, and addresses the ongoing struggle for racial justice that is relevant in every classroom, will help remind us every day for decades to come of the ability of our amazing students to lead the way. There will be a small plaque next to the mural honoring the students' leadership in 2015-16, empowering future generations of BHS students to continue to work together to make positive change in their community and beyond.

Many students are depicted in the mural and student voice was key in the creation of the piece. This mural honors a peaceful student march to bring attention to institutional racism in our own community. The march was organized by the BHS Black Student Union and was widely diverse and truly represented the student population. The students were accompanied by the high school principal and BUSD board members.

The processes used to create these tiles have been used in public art projects all over the Bay Area and prove to withstand weather, sunlight and graffiti. We the petitioners of the One School Mural also grant BUSD and future BHS communities the right to remove it if needed for construction or other reasons. Because we have created a second set of tiles to facilitate future repairs, in the event that a future generation of BHS should decide to replace the mural with something else, this mural could live on in another location in our city.

COLLABORATING PARTIES
The design has been reviewed and approved by Berkeley High teachers and administrators, and has been reviewed by a Review Board consisting of two BUSD administrators and two local artists as directed by the board policy.

POLICY/CODE:
Board Policy 7151

FISCAL IMPACT:
The funding for the project has been raised independently by the petitioners; there is no impact on the general fund. 

STAFF RECOMMENDATION:
Approve the Berkeley High “All School Mural” to be located on the exterior of the new M building.

BERKELEY UNIFED SCHOOL DISTRICT 

TO: Donald Evans, Ed., Superintendent
FROM: Javetta Cleveland, Deputy Superintendent
DATE: March 9, 2016
SUBJECT: Certification of Second Interim Report for the Period Ending January 31, 2016

Staff has prepared the Second Interim report in compliance with Education Code EC 42131(a)(1) requirements and AB1200.  The Second Interim Report covers the reporting period ending January 31, 2016.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period to determine whether or not the district is able to meet its financial obligations. The following certifications may be assigned:

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

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

Staff prepared the Second Interim Report, along with assumptions using the School Services of California, Inc. Dartboard, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.  The Second Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff:

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of Second Interim Report
5. Form 01 – General Fund on Restricted and Unrestricted formats
6. Form 11–67 for all other District funds
7. Form A – Average Daily Attendance
8. Form Cash—Cash Flow
9. General Fund Multi-year Projection using the MYP software (under separate cover)
10. Criteria and Standards

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

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

FISCAL IMPACT:
Not Applicable

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         March 9, 2016
SUBJECT:  Budget Priorities for FY 2016-17

BACKGROUND INFORMATION:
Budget Priorities for 2016-17 was presented to the Board on February 24, 2016 for discussion. Based on input from the Board, staff has added additional detail on tiered staffing for special education, TK consolidation and the child development proposal. 

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 is requesting Board approval on the following ongoing and one-time budget priorities recommendations. The budget priorities under consideration are not being proposed for approval. 
See attachment Proposal for 2016-17 Budget. 

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                                                     

The plan for the Educator’s Effectiveness grant is included in Information Item 14.3 and includes 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 as part of the 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 Educator’s Effectiveness budget of $1,035,000 includes 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.

Are there an ongoing cost related to Technology hardware?

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.

The current number of total students would remain fairly stable as open spots in the remaining part-day programs could accommodate most families. 

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

Staff is requesting approval to convert 12 limited term instructional assistants to permanent positions to more effectively provide professional development and more consistency in staffing to improve the quality of special education services.  An additional $180,000 from base grant funds will be needed to cover the additional benefit cost for permanent employees.  Staff determined the need based on the following criteria.

Education Code 56040.1

“In accordance with Section 1412(a)(5) of Title 20 of the United States Code and Section 300.114 of Title 34 of the Code of Federal Regulations, each public agency shall ensure the following to address the least restrictive environment for individuals with exceptional needs:

(a) To the maximum extent appropriate, individuals with exceptional needs, including children in public or private institutions or other care facilities, are educated with children who are nondisabled.

(b) Special classes, separate schooling, or other removal of individuals with exceptional needs from the regular educational environment occurs only if the nature or severity of the disability is such that education in the regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.”

One factor contributing to the need for additional Special Education Instructional Aide (IA) FTE is the upward trend of students identified as students with Autism, as reviewed at the October 14 Board meeting presentation. Another factor is the number of students who are being served in District public school settings versus separate, Non-Public School (NPS) settings. In 2012 the number of students served in NPS settings, one of the most restrictive settings available for students, was 72; in 2016 the number decreased to 27 students. This number fluctuates each year depending on the demographics of the students the District serves and the extent to which the District is able to appropriately meet their needs in the lesser restrictive setting of the public school system.

For the past several years the District has relied on temporary, hourly classified staff to support students who are transitioning into the District from a NPS or from a more restrictive setting in another District or state; some of these students have intensive needs. The impact of this limited term staffing has been inconsistent support to students and staff on site. In order to provide more consistent services to students with disabilities in their regular education classrooms, the District is recommending to increase the FTE of permanent Special Education IAs to accommodate the increased number of students with disabilities served in the public school setting.  There has been some difficulty recruiting and maintaining an eligibility list for permanent instructional aides. 

The IDEA, as amended in 2004, allows paraprofessionals who are appropriately trained and supervised, in accordance with state law, regulation, or written policy, to be used to assist in the provision of special education and related services for children with disabilities. Given the increased number of students with disabilities served in the general education setting, the staffing ratio for IAs to support these students has gradually increased to a District-wide average of 1:9. In 2015-16, there were 1007 special education students and 104.5 instructional aides. It is recommended that this District-wide average return to a ratio of 1:8 with the majority of the additional support being provided at the elementary level to support early intervention systems for students with disabilities. Staff is requesting 12 additional permanent instructional assistants to be converted from limited term positions.  There will still be a need to use some limited term instructional assistants to fill any gaps and as need arrives.  There are over 20 limited term instructional assistants being used this year.  With an estimated enrollment of additional instructional assistant staffing, support for students who require intensive behavioral support, is provided on an individualized basis from a Non Public Agency (NPA).

See Attached Analysis of Instructional Assistant staffing by grade and by school for 2014-15 through 2016-17 projections.  

Tiered Certificated Staffing for Special Education

Attached is a spreadsheet that outlines the SpEd staffing ratios for 2015-16 (both with and without the BFT contracted staffing provisions, per Board request) and a projected staffing allocation recommendation for 2016-17 SY.

Caseloads were projected using CA state averages for determining the number of Mild/Moderate (4% at Elem & 8.5% at Middle School) and Moderate/Severe (3% at both Elem & Middle School) students with disabilities (SWDs) on each site given the enrollment data for each school year.

 The responsibilities of the Mild/Moderate Special Education teacher in BUSD include providing RtI supports for students and participating in SST and COS teams on site in addition to providing direct support services to students with a disability. In a traditional model, Mild/Moderate teachers may only provide direct services to students identified as requiring Special Education, which would compensate for increased caseloads up to the state staffing average of 1:28.

The staffing allocations for Moderate/Severe teachers appear to be in alignment with the state caseload averages for teachers providing direct services to students with more intensive disabilities.

At this time there is no recommendation to increase the certificated staffing levels for the 2016-17 SY. 

Costs Associated with Consolidating Transitional Kindergarten (TK) Programs- $122,026 in ongoing costs

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 $525,000 less $148,596 for closing a class for a net of $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 $425,859. The staff recommendation also includes a request for $427,840 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 $6.5 million. Therefore, the impact of the projected deficit spending of $425,859 and additional one-time needs of $427,840 will reduce the undesignated ending fund balance from $6.5 million to about $5.6 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 $4.3 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:
Approve the recommended budget priorities for 2016-17. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D, Superintendent
FROM:             Pasquale Scuderi, Assistant Superintendent for Educational Services
                   Timothy White, Executive Director of Facilities
DATE:          March 9, 2016
SUBJECT:    Consolidation of Transitional Kindergarten (TK) Programs in SY 2016-2017

BACKGROUND INFORMATION:
In the preceding three years, discussions around classroom space and facilities during a period of enrollment growth have included multiple discussions of the consolidation of the transitional kindergarten (TK) program at a single site.

Throughout the 2014-2015 school year, the Board and staff engaged in multiple public meetings with staff regarding school capacity and enrollment growth. In light of those conversations, options for addressing and accommodating projected increases in student enrollment over the next few years were presented and discussed with the Board, and ultimately the Board gave direction on short and medium term solutions to accommodate potential enrollment growth.

After flexible classroom spaces were used to address short term growth for 2015-2016, the Board gave direction to staff to plan for the consolidation of our transitional kindergarten programs in SY 2016-2017 as a bridge to longer-term facilities solutions that might include changes to class size, permanent additions to existing school facilities, or the opening of a new school within BUSD.

The current proposal to consolidate would place seven TK sections at the following locations for the 16-17 School year:

• 2 at Malcolm X
• 2 at LeConte
• 3 at the King Child Development Center (CDC

In order to make this consolidation happen, the initial and general steps are as follows:

1. King CDC is currently using six of eight classrooms and has one classroom serving as a library and the other as a flexible classroom
2. In order to house three TK classes at King CDC beginning in the fall of 16-17, staff would have to close one part day preschool program at King and then move two programs to Franklin CDC (this part day closure is also articulated in tonight’s budget priorities document)
3. These moves would open two classrooms at King CDC and mean that King CDC would be using four of eight classrooms for preschool in SY 2016-2017
4. Three TK sections would then move to King CDC, which when added to the remaining four preschool sections at King CDC would mean seven of eight spaces would be in use as classrooms and the eighth space could serve as a library/resource/food service space

The composition of room usage for the 8 classrooms at King CDC would then be as follows for the 16-17 school year:

Components and Considerations for the Consolidation Plan at King CDC

Facilities and Food Service

Food service for three TK classrooms at the King CDC campus will require a slight modification to an existing classroom to provide a service line, and to also partition the room so it can be used for food service as well as other resource and program needs throughout the regular school day.  The estimated cost of this modification is $30,000.

While the majority of the food preparation for this new site can be done centrally, additional food service staffing Will be required to do final preparation and feed up to 60 students at the site.  The estimated cost of this additional food-service staffing is $56,000.

In order to ensure that students are adequately supervised and that TK teachers at the new site are provided with their contractually guaranteed duty-free lunch, new supervision staffing Will also be necessary.  The estimated cost of this additional staffing is .

Administration and Supervision

Staff has determined that the most effective way to provide an instructional leader and administrator for the site is to adjust title and compensation of a current preschool administrator and have that administrator assume the responsibilities of supervising the TK program and evaluating the staff.

Preliminary estimates for the cost of adjusting title and compensation is $10,000.

Transportation and After School Program 

Staff is at present actively exploring the best option for after school programming for TK students at King CDC.

Once the site and after school program are paired up with the TK students at King CDC, transportation staff will factor that need into their current schedule.

POLICY/CODE:
None

FISCAL IMPACT:

Approximately $122,026 in new staffing: 

• $33,026 for food services satellite operator.
• $12,000 for noon supervision.
• $10,000 to increase title/compensation for TK administrator
• $50,000 for additional transportation staffing
• $17,000 for an additional LEARNS program
• As yet undetermined cost for additional Special Education staffing (more accurate estimate available when school assignments are determined in mid-March)

An additional cost of $30,000 for capital projects and facilities modifications is anticipated and will come forward in a separate item should this proposal be approved.

STAFF RECOMMENDATION:
Receive the report and authorize the plan and associated costs to consolidate TK at three sites in SY 2016-17.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Board of Education
FROM:           Policy Subcommittee
DATE:           March 9, 2016
SUBJECT:    Board Policy 7310: Naming Facilities

BACKGROUND INFORMATION:
On August 26, 2015, the Board directed the Policy Committee to review Board Policy 7310 and to establish, in more detail, a process for naming and renaming school sites and school facilities. On February 9, 2016, and again on February 26, 2016, the Policy Committee discussed and reviewed possible amendments to BP 7310 as well as a new administrative regulation (proposed AR 7310) and exhibit (proposed E 7310). The Policy Committee will take action on amends to BP 7310 and a new AR/E 7310 on March 8, 2016.  Attached is the version of BP/AR/E 7310 being presented to the Policy Committee on March 8, 2016.  If the Policy Committee makes additional changes on March 8,  2016, then a new version of BP/AR/E 7310 will be distributed at the March 9, 2016 Board meeting. 

The intent of the Policy Committee in amending BP 7310 and creating AR/E 7310 was to establish a simple and clear process for school communities to initiate the process of naming or renaming school sites and school facilities.  The process calls for a petition to initiate a review of an existing name or to name an unnamed school facility, and it sets a minimum threshold for employee signatures or parent/guardian signatures to force action on the petition.  Additionally, the process requires the Superintendent to appoint an advisory committee to bring forth recommendations while preserving the right of the Board to make its own decision regardless of the recommendation of the advisory committee or the Superintendent.

POLICY/CODE:
Board policy 7310

FISCAL IMPACT:
None

RECOMMENDATION:
To receive Board Policy 7310 for first reading.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:            Board Policy Subcommittee
DATE:           March 9, 2016
SUBJECT:  Board Bylaw 9320: Meetings and Notices

BACKGROUND INFORMATION:
Bylaws are the District’s operating manual. They define the size of the Board and how it will function, outline Board committees, set guidelines for maintenance of the District policy manual and delineate other operating procedures. Board Bylaw 9320 is being submitted for first reading. 

POLICY/CODE:
Education Code: 48200, 48204, 48207
Government Code: 244, 6206, 6207
BP and AR 9320

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Board Bylaw 9320. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Susan Craig, Ed.D., Director, Student Services
DATE:        March 9, 2016
SUBJECT:  Report on the Peacekeepers Academy

BACKGROUND INFORMATION:
In August 2011 BUSD established the LifeLines Academy, a weekly group for middle and high school students in need of intensive support regarding behavior. The program was facilitated by staff from the San Francisco Omega Boys Club for four years and followed the Alive and Free Prescription for Non-Violence developed by Dr. Joseph Marshall. The original LifeLines Academy was for students in grades seven through 12 and was subsequently expanded to include a separate group for students in grades four through six. Most students who participated in LifeLines were referred by school or District administrators due to serious offenses. The program has been a successful behavioral intervention and, in many instances, an alternative to expulsion, for many students. While the LifeLines Academy was successful in many ways, feedback from students who participated in the program indicated that they sometimes felt bored, disliked the lecture format, and wanted the program to be more interactive. 

In August 2015, in alignment with the District’s initiative to increase the use of restorative practices, the District contracted with Bay Area Peacekeepers, under the direction of the Executive Director, Gonzalo Rucobo, to facilitate the weekly groups. The name of the program has been changed to Berkeley Peacekeepers Academy (grades four through seven) and Berkeley Peacekeepers Leadership Academy (grades seven through twelve). While the groups have been small in size so far this year, feedback from students and staff has been quite positive. Students from all three middle schools and BHS are currently participating. 

The Peacekeepers groups are highly personalized and interactive. Mr. Rucobo not only facilitates the groups but follows up with the students and parents/ caregivers, and makes himself available 24/7.  He conducts school visits to check on students, contacts parents/guardians regularly, and is available to attend court hearings to support students who are on probation. In addition, he occasionally takes students out to get a snack, go to the local park to conduct the group in a more relaxed setting, and makes himself available to all participating students and parents/caregivers (See Table 1). The focus of the sessions includes building self-confidence, goal setting, and making positive life choices. The value of a program like Peacekeepers, even when serving a small number of students, cannot be underestimated.

Unlike the Lifelines program, in which many participants did not attend regularly, initial data indicates that once the student has attended the first meeting, they return in subsequent weeks. Finally, quantitative data suggests that the enrollment of invited students is increasing while the suspension rate of participating students appears to be decreasing. 

Staff is posing the following questions to consider:

Research data indicates that a 1:1 connection with a caring adult plays an essential role in a students’ academic and social success. How do these early indicators demonstrate this impact and what further data would the Board like to see for these students?

With suspension and expulsion rates declining significantly in recent years, the Peacekeepers Academy, like Lifelines before it, has provided a clear alternative/option for exclusionary discipline.

In terms of the program's long-term impact on students, staff is currently examining this. The challenge with such an analysis is that students come in to the program at different points of the year and in previous years occasionally left the program before completing their fully prescribed term. This year, 16 of 18 students are meeting their obligations and continue to attend the sessions. 

In brief, it is clear that the program is contributing to lower exclusionary discipline rates by virtue of the fact that it provides a consistent alternative. Longer term impact on those who complete sessions is something we are continuing to look at; it is also worth noting that Peacekeepers Academy is in its first year as the provider of this alternative as in previous years we worked with the Omega Boys Club.

POLICY/CODE:
Board Policy 5030.2, 5144.1
Education Code 48900.5, 48915(a)(1) 

FISCAL IMPACT:
$20,000 per year.

STAFF RECOMMENDATION:
Receive the report on the Peacekeepers Academy.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Susan Craig, Ed.D., Director, Student Services
DATE:        March 9, 2016
SUBJECT:  Report on the use of Recess Restriction in BUSD Schools           

BACKGROUND INFORMATION: 
The BUSD Governing Board and District staff recognize the value of recess and play as being important in the social, emotional, physical, and cognitive development of children. The Board approved a policy for recess restriction on November 19, 2014. The policy established guidelines under which certificated staff may restrict a student’s recess time “when he/she believes that this action is the most effective way to bring about improved behavior”. The policy was developed with input from BUSD parents/guardians, teachers, and administrators.

The District is committed to ensuring that all schools are supportive and welcoming communities for all students. All BUSD elementary schools utilize restorative practices, and specific strategies and curricula, including Positive Behavior Intervention and Support (PBIS), Toolbox, and Welcoming Schools to support positive school climate and appropriate student behavior. 

In instances when behavioral consequences are necessary, other means of correction shall be used instead of suspension. Recess restriction is one option among other means of correction that can be used to bring about improved behavior.

Data Reviewed for the Report
This report is the District’s first report on the use of recess restriction since the adoption of the policy. Data on the use of recess restriction during the 2014-2015 school year and the first semester of the 2015-2016 school year is being presented in an accompanying PowerPoint presentation. The data reveals patterns that are consistent with suspension trends in BUSD, including a decrease in the use of recess restriction District-wide in 2015-2016 as compared to 2014-2015, and a disproportionate use of recess restriction for African American students and students with IEPs.

Other observations in the data:

• Recess restriction was used more in grades 2 and 3 as opposed to other grades
• The most common reasons documented for recess restriction included physical contact, disruption, and non-compliance
• Most incidents for which recess restriction was assigned occurred in the classroom and playground

Next Steps
District staff and site teams shall use the data to inform practices related to positive behavioral support and strategies to bring about improved behavior, when needed.

POLICY/CODE:
Board Policy 5144.2
Education Code 44807.5

FISCAL IMPACT:
None.

STAFF RECOMMENDATION:
Receive the report on recess restriction.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Superintendent
FROM:          Timothy White, Executive Director of Facilities
DATE:           March 9, 2016
SUBJECT:    Measure H Financial Update (Second Interim FY 2016)

SUMMARY AND DISCUSSION

This report is an update of the Maintenance Yearly Plan and H expenditures from July 1, 2015 through January 31, 2016.  This report does not separately document encumbered (obligated) expenses from other planned expenses, nor is it a comprehensive look at the activities in this fund; that more comprehensive look occurs annually.        

The first chart details the actual recorded expenses as of January 31, 2016 and the current projected expenses for the remainder of the Fiscal Year.   All expenses are consistent with previous reports and are based upon State defined object codes unless stated otherwise.  This report differs slightly from the other District reports because the hourly cost of the Director of Facilities is listed on this report as a salary and benefit expense whereas Board reports show this as an interfund (contract) expense, and the cost to pay the County and City tax collection fees are deducted from the income whereas the District reports will list a higher income and will list those fees as a contract expense.

The next chart compares the projected expenditure recommendations in the 2016 Annual Plan with current projected expenses.

EXPENDITURES

SALARIES AND BENEFITS

The projected expenditures for salaries, benefits and overtime are $243,000 less than contained in the Annual Plan.  The change is because we have had several vacancies for most of the year and we budgeted for a quicker implementation of the classification study. Much of this difference was predicted at first interim. 

The salary and benefits budget includes costs for the following list of permanent staff positions.  Please note that we list some jobs by functional area; we feel this provides the information in a more meaningful way.

STAFFING

Total                                                           41.54 FTE

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

VACANT POSITIONS

One Maintenance Engineer, one maintenance technician and one administrative coordinator position are vacant. We hope to have all three positions filled by the end of the school year.

SUPPLIES
The projected expenditures for supplies are slightly more than contained in the annual plan.      

CONTRACTED SERVICES
The planned expenditures for contracted services are $96,000 more than projected in the annual plan. Most of this increase is related to higher boiler and roof service.          

MAINTENANCE INITIATIVES
The planned expenditures for maintenance initiatives are $62,500 more than planned in the annual plan. We predicted an additional $85,000 at first interim, but have now had some savings on projects.  

EQUIPMENT
We plan to purchase two vehicles this year. 

INDIRECT COSTS
The projected expenses for indirect costs are slightly higher than the projection in the 2016 Annual Plan.   

TOTAL EXPENDITURES

The changes result in a $66,000 decrease of projected expenditures compared to the budget contained in the 2016 Annual Plan.   

TOTAL INCOME

The 2016 Annual Plan income projection for Measure H is $5,971,290.  

INCOME OVER EXPENDITURES

TOTAL INCOME
The projected income from Measure H has stayed the same.

TOTAL EXPENDITURES
The total projected expenditures have decreased by $66,000.  

TOTAL INCOME OVER EXPENDITURE

The 2015 ending fund balance contained in the unaudited actual report was $908,279.  This amount was almost $260,000 more than planned because the initial assumption was that the salary increase would be in FY 15 rather than FY 16. We also received an additional $34,930 in revenue for last fiscal year after the books closed. The projected income (net of County and City charge) received from Measure H including interest for this Fiscal Year is $5,971,290. 

The projected expenditures for the 2016 year are $6,014,120.  The revised projected fund balance for Measure H as of June 30, 2016 is $869,234. 

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive Financial Update on Measure H.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education       
FROM:       Policy Subcommittee
DATE:        March 9, 2016
SUBJECT:  Board Policy 1312: Complaints

BACKGROUND INFORMATION:
BP 1312 currently states in its entirety:

The Governing Board believes that the quality of the educational program can improve when the district listens to complaints, considers differences of opinion, and resolves disagreements through an established, objective process.

The Board encourages complainants to resolve problems early and informally whenever possible. If problem remains unresolved, the individual should submit a formal complaint as early as possible in accordance with appropriate district procedures. District procedures shall be readily accessible to the public.

Individual Board members do not have authority to resolve complaints. If approached directly with a complaint, however, Board members should listen to the complaint and show their concern by referring the complainant to the Superintendent or designee so that the problem may receive proper consideration.

The Board Policy Subcommittee presents for first reading a revision to BP 1312 that will align its language with the revised language of BP 9200.  Specifically, the last paragraph of current BP 1312 will be replaced with this language, which is identical to the language in the revised version of BP 9200:

Individual Board members do not have the authority to resolve complaints. Any Board member approached directly by a person with a complaint should refer the complainant to the Superintendent or designee so that the problem may receive proper consideration and be handled through the appropriate process. This provision shall not preclude any Board member from meeting with any person or from inquiring with the Superintendent or designee regarding any issue.

POLICY/CODE:
BP 1312

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept Board Policy 1312 for Information and First Reading.

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.

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?