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

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:45 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.

1.  Call to Order
The Presiding Officer will call the meeting to order at 6:00 p.m. The Regular Meeting will convene by 7:30 p.m. 

Youth Commission Interviews

2.  Closed Session Public Testimony
Persons wishing to address the Board should fill out a green speaker card. Cards 
turned in by 5:45 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

3.1 Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957) (10 min)
3.1.1 Suspension of Classified Employees #4455 and #4459
3.2 Public Employee Appointment (Government Code § 54957) (10 min)
3.2.1 Vice Principal, Berkeley High School 
3.3 Collective Bargaining (Government Code § 54957.6): Lead Negotiator Legal Counsel Roy Combs/District Representative Delia Ruiz – BCCE (10 min)
3.4 Conference with Legal Counsel – Existing Litigation (Government Code § 54956.9) (10 min)
3.4.1 Settlement Agreement
3.5 Conference with Real Property Negotiators (Government Code § 54956.8) (10 min)
3.5.1 District Negotiator: David Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update

4. Call to Order - 7:30 PM

5. Report on Closed Session

6. Approve Regular Meeting Agenda of June 1, 2016

7. Open Session Public Testimony (1st Opportunity)
Persons wishing to address the Board should fill out a green speaker card. Cards turned in by 7:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic, although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 
8.  Union Comments
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union (order rotates).

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


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

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

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

11.  Consent Calendar
11.1 Approval of Human Resources Reports
11.2 Approval of Contracts/Purchase Orders for Services Contracts
11.3 Acceptance of Gifts/Donations
11.4 Approval of New Curricular Materials for BHS: AP Computer Science Principles
11.5 Approval of Out-of-State Travel Requests
11.6 Recommendations for Expenditures in 2016-17 of Funds Allocated to Parent Outreach from the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Resource 0857)
11.7 Recommendations for Expenditures in 2016-17 of Funds Allocated to Public Information, Translation, and Support of the Planning and Oversight Committee from the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Resource 0854)
11.8 Approval of Board of Education Meeting Minutes for April 20, 2016

12. Discussion Items
12.1 First Reading of Expulsion Policy Revision (60 min)
12.2 Information on the Governor’s Budget (May Revision) (45 min)

13. Action Items
13.1 Allocation of Additional Special Education Staffing at Malcolm X for 2016-17 (40 min)

14. Information Items
14.1 Board Bylaws: 9321 (Closed Session Purposes and Agendas), 9321.1 (Closed Session Action and Reports), 9322 (Agenda/Meeting Materials), 9323 (Meeting Procedures)
14.2 Williams & Uniform Complaints (Quarter 1-2016)

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

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

17. Board Meeting Self-Evaluation
With the end goal of improving efficiency and providing quality governance in conducting the business of the school District, a member of the Board will conduct a quick review of the Board meeting to assess compliance with adopted norms, procedures and protocols

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

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

18. Adjournment

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             June 1, 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:         Javetta Cleveland, Deputy Superintendent
DATE:          June 1, 2016     
SUBJECT:   Approval of Contracts/Purchase Orders for Services Contracts 

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

1. Contract with Lifelong Medical Care/Rosa Parks Collaborative to provide Super Science Saturdays program for Rosa Parks, Malcolm X and Thousand Oaks from 2/16/16 – 5/31/16. The cost will not exceed $24,550. To be paid from General Fund. Requested by Pat Saddler.
2. Contract with Hatchuel Tabernik & Associates to provide evaluation plan and report for Berkeley Unified School District per AWARE Community guidelines from 4/10/16 to 6/30/16. The cost will not exceed $12,400. To be paid from General Fund. Requested by Pat Saddler.
3. Increase in contract, PO#160192 for Casey Printing to provide Fall and Spring Brochure as needed for Berkeley Adult School.The Board approved $23,856 on 6/24/15. The additional amount will increase the contract by $11,395 for a total amount of $35,251. To be paid from Adult Education Fund. Requested by Tom Reid.
4. Ratification of contract with Community Alliance for Learning to provide planning, training, site coordination and evaluation for the WriterCoach Connection program at Berkeley High School from September through May. The cost will not exceed $10,000. To be paid from Supplementary School Counseling fund. Requested by Sam Pasarow.
5. Weintraub Tobin Chediak Coleman Grodin Law Corporation to conduct an independent investigation into a complaint made by the Berkeley Branch NAACP. The cost will not exceed $30,000. To be paid from the General Fund. Requested by Javetta Cleveland.

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:                   June 1, 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. LeConte PTA donated $1,706 to partially pay for transportation for fourth grade Sierra Outdoor field trip and $770 for fifth grade Rosie the Riveter field trip and $720 for an American Revolution Presentation for a total donation of $3,196 for Le Conte Elementary School. 
2. Cotteco donated $407.55 and YourCause donated $40 for a total donation of $447.55 to be utilized as needed for Thousand Oaks Elementary School.
3. Sweetgreen donated $3,000 to be utilized as needed for the Gardening and Cooking program.
4. Wells Fargo Community Support Campaign donated $830.78 to be utilized as needed for Rosa Parks Elementary School.
5. Target donated through their Take Charge of Education program $200 for Rosa Parks Elementary School; $400 for Jefferson Elementary School and $100 for Washington Elementary School to be utilized as needed for a total donation of $700.

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $8,174.33 in donations.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:             June 1, 2016
SUBJECT:      New Curricular Materials for BHS- AP Computer Science Principles

BACKGROUND INFORMATION:
The following curricular materials for the AP Computer course approved by the Board on May 18, 2016, will be presented to the Board on June 1, 2016 for consideration. These curricular materials are available for free use online, and are going to be used by all California high schools adopting this new AP Computer Science course.

From the website of the AP Computer Science Principles course developer:

“In the non-programming part of our course we try to balance a fundamental optimism about the future of computer technology with an understanding of its limitations and potential for harm.  Student readings are taken mainly from the excellent textbook Blown to Bits, which is available for free online download.” 

The materials may also be viewed at: http://www.bitsbook.com/

Total expenditure=$0, free download

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400 

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Adopt the new curricular materials for Berkeley High School for the new AP Computer Science course AP Computer Science Principles.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:          June1, 2016
SUBJECT:    Out-of-State Travel Requests

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

Organic World Languages (OWL) Boot Camp, Ashland, OR  June 19-24, 2016

Approval for Lisa Shurtz, King Middle School teacher, to attend the Organic World (OWL) Languages workshop. The OWL Summer Boot Camp is a time to make invaluable connections with other educators across the country, have fun and grow in your practice! We will spend an entire week together sharing our successes and challenges, looking at student work, developing assessment rubrics, conquering ropes course activities together (that can later be used in class!) and having a blast while focusing on student learning and growth. Registration, transportation, lodging and meals for this training is funded with Ed Services GF funding. Requested by: Janet Levenson

SLLE Leadership Training, Greenville, NC, July 17-21, 2016

Approval for Marcos Garcia, Longfellow principal, and Longfellow teachers Rosina Keren, Veronica Stewart, Crystal Paschel, and Mary Patterson to attend this five-day, four-night conference in Greenville, NC. The Summer Leadership Learning Exchange will provide an intense professional learning experience using diverse learning platforms and rich leadership support approaches. The institute draws on the latest research on achieving collective impact for equitable and excellent schools. The interactive four-day institute utilizes the latest research on achieving collective impact for equitable and excellent schools. With a focus on effective professional learning and key leadership lessons from practice, participants achieve customized outcomes. The institute is targeted to teams and individuals and will be beneficial for school leaders, teachers, counselors, parent leaders, nonprofit professionals, superintendents, leadership coaches, professional development coordinators, administrators, university partners, school board members, and other education stakeholders. Requested by Marcos Garcia, Principal Longfellow

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Ann Marie Callegari, Supervisor of Family Engagement and Equity
Susan Craig, Director of Student Services
DATE: June 1, 2016
SUBJECT:  Recommendation for Expenditures in 2016-17 of Funds Allocated to Parent Outreach from theBerkeley Public Schools Educational Excellence Act of 2006 (BSEP Resource 0857)

BACKGROUND INFORMATION:
In compliance with The Berkeley Public Schools Educational Excellence Act of 2006 (BSEP/Measure A), 1.25% of the available revenues are allocated to Parent Outreach.

The following recommendation is for the allocation of funds for the Purpose of Parent Outreach in accordance with BSEP Measure A of 2006, Section 3.B.ii.c:

…for a variety of services to support the families of Berkeley’s public school students by providing parent education and promoting greater parent involvement in their children’s education.

This recommendation for expenditures in 2016-17 was presented to the BSEP Planning and Oversight Committee on May 10, 2016 and adopted by the Committee on May 24, 2016.

Parent Outreach Objectives

The Office of Engagement & Equity strengthen the connection between home and school in order to support these goals:

EXCELLENCE

• Close the achievement gap and eliminate the racial predictability of outcomes;

  EQUITY and ENGAGEMENT

• Support a positive, engaging school climate that provides access and is welcoming to historically underserved families;

  ENRICHMENT

• Create meaningful partnerships among families, schools, and community services so students have a wide range of resources to support their well-being and success.

Program Summary

The Office of Family Engagement and Equity (OFEE) was developed to create a welcoming and equitable school environment. Staff provides targeted support and guidance to school staff and families in order to build meaningful partnerships that foster success for all students. The OFEE is working toward supporting a district and school climate and culture in which family engagement skills are part of the daily practice of every administrator, teacher and staff member.

Accomplishments for 2015-16 include:

• ELAC groups at all school sites except for one elementary site.
• Parent/guardian representatives from all schools participated in the Black Parent Affinity Group, with a total of 15 meetings, and a retreat conducted with over 50 parents/guardians in attendance.
• Parent seminars on racism and micro-aggressions, parenting, advocacy, and special education.
• Attendance celebrations and intensive attendance case management of chronically absent students.
• Collaboration with the District TSA for ELD in hosting the Reclassification Ceremony for English Learners.
• Collaboration with DigiTech to sponsor two Technology Workshops on Cyber-safety and family use of technology to support student education.
• Collaboration with Library Services for Author visit with Kwame Alexander, an African-American author who engages children in literacy through sports.
• Production of the Chavez-Huerta Commemoration Contest and Ceremony for district-wide poetry, art and essay writing.
• More than three thousand contacts with families to provide support and services.

SMART GOALS for 2016-17

1.     Form a Family Engagement Advisory Committee made up of stakeholders, including parents/guardians, community partners and district leaders and staff.

2.     Train at least five parents and staff at every school in a program such as the “Parenting Partners Program” in order to build capacity for family engagement.

3.     Engage at least two parents from each school in a Latino Family Affinity Group, with meetings at least monthly, and one retreat, using a framework such as PIQE.

BUDGET RECOMMENDATIONS FOR FY 2016-2017

Staff.....................................................................................................................................................$331,700

• Supervisor, Family Equity and Engagement                           1.00  FTE
• Site Coordinators, Family Engagement                        2.60  FTE
• Parent Liaison, Berkeley High School                                        .27  FTE

Supervisor, Family Engagement and Equity...................................................................................1.00 FTE

This position supervises, evaluates, and provides ongoing professional development to the Site Coordinators, provides professional development in educational equity to other groups, and coordinates district-wide parent education.

Site Coordinators, Family Engagement and Equity.......................................................................2.60 FTE

The Parent Liaison positions report to the Supervisor of Family Engagement and Equity. The Site Coordinators are co-funded by BSEP and LCAP. One OFEE Site Coordinator is Bilingual in Spanish. Five Site Coordinators support ten elementary school sites on a part-time basis, by providing the following:

• Attendance celebrations at each school site, and case management of all students on the 10% chronic attendance list.
• RTI Collaboration and advocacy for underserved students
• Events and training for parents and staff.
• Attending meetings as needed to support, engage and advocate for students and families, including: School Governance Council (SGC), Individual Education Plan (IEP) and 504, Response to Instruction and Intervention Team (RtI²), Student Success Team (SST), Parent Teacher Association (PTA), Student Attendance Review Team (SART), Student Attendance Review Board (SARB), BSEP P&O Committee, Local Control Accountability Plan Parent Advisory Committee (PAC), Parents of Children of African Descent (PCAD), English Language Advisory Council (ELAC), District English Language Advisory Council (DELAC), and Berkeley Advanced Learner Support and Advocacy (BALSA)

Berkeley High School Parent Liaison..............................................................................................0.27 FTE

There are two Parent Liaison positions at Berkeley High School, and BSEP pays for .27 FTE.  These positions currently support students and families with locating and navigating school and community resources. They offer parenting classes and workshops, support groups, and serve drop-in students and parents. The annual Black and Latino Graduations are coordinated by Liaisons. Liaisons are tasked with providing resources and support to help families to become more engaged in their children’s education. Liaisons also provide support and resources for families of students with special needs who are chronically absent, and those who need behavioral and/or academic support.

The Parent Liaison duties at Berkeley High School are similar to that of the Site Coordinator, in that they provide parent and school staff education, and support families in meetings with school administrators and staff.

Teacher Hourly for Workshops and Meeting Facilitation..................................................................$5,000

Teachers will be paid hourly to train parents and site coordinators on strategies to support academics at home.

• Back to school family engagement with Common Core and/or Family Literacy Nights
• Quarterly district-wide Common Core Math and Family Literacy Night training and workshop series. 
• Three part series of technology workshops.
• Strengthening staff/family relationships through Family Engagement workshops for staff and parents.
• Four district author visits, representative of school community cultures.
• Teacher lead workshops in math and literacy at Black Parents’ Affinity Group (BPAG) and Latino Parents’ Affinity Group (LPAG) meetings.

Classified Hourly for Meeting and Family Event Support..................................................................$3,500

Funds support evening and weekend meetings with childcare, custodial and translation support for district and site-based family events.

Contracted Services............................................................................................................................$20,000

Experts in specialized subject areas of cultural competency, family engagement and parent leadership will provide training to Office of Family Engagement and Equity Site Coordinators, Parent Liaisons, Parents/Guardians, and district staff.  These funds will also provide guest speakers at school sites and/or district trainings.

Materials and Supplies..........................................................................................................................$4,000

This budget will provide the OFEE with materials and supplies to support the program. 

Staff Development and Mileage............................................................................................................$6,000

Funds will be allocated for staff to attend state and local workshops for professional development.

Cell Phone Service................................................................................................................................$3,000

Funding will provide cell phone service for the site coordinators to facilitate communication.

BUDGET SUMMARY

The budget for 2016-17 draws substantially upon the fund balance, leaving enough to support this model into the first year of the new measure, along the co-funding through LCAP Supplemental funds. The current model will be reviewed and revised by Educational Services and Student Services to create an effective and sustainable model for future years.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Section 3.B.ii.c, Measure A of 2006).

FISCAL IMPACT:
Projected expenditures of $407,763 from the BSEP funds for Parent Outreach.

STAFF RECOMMENDATION:
Approve the recommendation for expenditures in 2016-17 for funds allocated to Parent Outreach from the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Resource 0857).

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed.D., Superintendent
Natasha Beery, Director of BSEP and Community Relations
DATE:          June 1, 2016
SUBJECT:    Recommendation for Expenditures in 2016-17 of Funds Allocated to Public Information, Translation, and Support of the Planning and Oversight Committee from the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Resource 0854)

BACKGROUND INFORMATION:
The Berkeley Public Schools Educational Excellence Act of 2006 (Measure A of 2006) states:

two percent (2%) of Special Tax revenues [shall be provided] for public information, translation services for District families and support of the Planning and Oversight Committee”  (Section 6-A)

This recommendation for expenditures in 2016-17 was presented to the BSEP Planning and Oversight Committee on May 10, 2016 and adopted by the Committee on May 24, 2016.

Program Objectives

This resource provides support for oversight of the measure, including community engagement, and

EXCELLENCE

• Timely, informative, and meaningful communication to the Berkeley community about District programs and activities;
• Strategic development and financial oversight of BSEP funds, in partnership with BSEP program managers, to ensure effective use of public funds;

  EQUITY

• Accessible information for all District families, including non-English speaking families, to improve understanding of and promote access to programs and services. 

  ENGAGEMENT

• Development and on-going work of the BSEP Planning and Oversight Committee in its stewardship of the BSEP funds.
• Training and support of School Councils and the BHS BSEP Site Committee to ensure compliance and improve the effectiveness of school site decision-making.

  ENRICHMENT

• Information, community engagement and outreach must go beyond providing boilerplate to engaging families, staff and public in multiple formats to provide enriched and contextualized conversations.

SMART GOALS

1. In Summer 2016, provide information for all district schools to enable district families to expand School Messenger use through smartphone app and/or by opting in to the SMS text system.
2. Create bilingual library of templates and resources for emergency messages to be used by schools and district.
3. Increase subscription and readership of A+ News from 10K subscriptions with 24% open rate.  Test using A+ news articles in school newsletters and on social media. Over summer, test using Facebook and other Social Media (Twitter, Instagram) for a few key stories.
4. Collaborate with OFEE on SGC and leadership development and rewrite SGC bylaws for greater participation, effectiveness and inclusiveness.
5. Work with Ed Services and OFEE to begin to develop short videos for parents to explain curriculum or access questions.

Program Summary

Before funds are allocated to each purpose defined in the Measure, 2% of the revenue generated each year is allocated to directing and supporting the implementation of the BSEP Measure, and providing clear, comprehensive and consistent public information. These objectives are supported by a focus on Communications, Translation, BSEP Planning and Oversight, and School Governance Council support.

Communications: Multiple communication channels are needed to reach diverse audiences, including parents, students, employees, and community stakeholders, each with distinct interests and concerns. The channels include a the bi-weekly A+ News, in both email and print formats, in English and Spanish, Press Releases, the print Biannual Reports, flyers, brochures, Weekly email Bulletin (to management), the PIO email News (to all staff), e-trees, and school site newsletters. Additional channels of communication include phone blasts, public presentations, forums, and events.

The Communications Team meets weekly, chaired by the Director of BSEP and Community Relations. The team supports district initiatives and addresses goals set out in the Communications Plan. During 2015-16, the team has supported outreach to key communicators and stakeholders in public planning processes for LCAP and BSEP, with a particular focus on an inclusive public engagement process for planning the next BSEP Measure.

Translation/Interpretation:  A Specialist Translator/Interpreter provides Spanish translation for key District materials. In addition, a contract with a multilingual Language Line telephone service provides instant access to simultaneous interpretation, such as for parent conferences, with top requests in the past year including Spanish, Arabic, Urdu, Cantonese, Mandarin and Amharic.

BSEP Planning and Oversight Support: The BSEP Measure of 2006 delineates the stewardship responsibilities of a Planning and Oversight (P&O) Committee. The Director of BSEP and Community Relations ensures that the P&O Committee and subcommittees have the necessary information to carry out their role by providing program and budget plans, revenue projections, reports and analysis for each of the nine distinct purposes of the measure. The Director consults with all BSEP-funded program Directors, Coordinators and Supervisors, and works with the Superintendent, Deputy Superintendent for Business Services, and Assistant Superintendent for Educational Services to ensure that District and BSEP plans are aligned. A Senior Budget Analyst works with the Director and each Budget Manager to ensure that plans and reports are provided in accordance with the measure and with auditing and budgeting best practices.

School Governance Council Support:  The BSEP office provides training and support to School Governance Councils and the BHS BSEP Site Committee, working with principals, teachers, support staff, students and parents to develop each school’s annual Single Plan for Student Achievement, including the development and monitoring of the annual plan for expenditure of BSEP School Site Discretionary Funds and the BHS BSEP Annual Site Plan. SGC training workshops include sessions on school survey design, BSEP-funded program information, and best practices for school leaders.  The BSEP Director and Program Specialist provide materials, advice and support for school principals  in conducting parent elections of SGC representatives in order to ensure broad and diverse participation in elections and governance.

BUDGET RECOMMENDATIONS FOR 2016-17

Staff.....................................................................................................................................................$477,700    

• Director of BSEP and Community Relations       1.0 FTE
• BSEP Program Specialist                                   1.0 FTE
• Public Information Officer                                   1.0 FTE
• Specialist Translator/Interpreter                       0.5 FTE

Director of BSEP and Community Relations  (1.0 FTE )

This position is responsible for the management and fisCAl oversight of BSEP, including planning and reporting to the P&O Committee and Board, and advises District Staff, School Governance Councils, and the School Board on the parameters of the current BSEP Measure. The Director acts as the Superintendent’s designee, as assigned, to represent, coordinate, facilitate and/or support the functions of the Superintendent’s Office, including the district’s public planning processes, Communications Team, and relevant district committees. As a member of the Superintendent’s Cabinet, the Director participates in developing the District’s vision, strategic planning, goals and programs.  The Director advises the Superintendent and Cabinet on the components of the BSEP Measure Planning process required for ensuring that the budgetary models, educational priorities, and community outreach and engagement are moving forward and aligned with both the requirements of the BSEP measure decisions and the related planning processes in the District, such as facilities planning, enrollment projections and policy, the Local Control and Accountability Plan, and other key initiatives.

BSEP Program Specialist (1.0 FTE)                                                

The position supports School Principals and School Governance Councils in developing their processes and plans for site-based decision-making, with a focus on the Site Discretionary Funds of the BSEP Measure. The Program Specialist provides administrative support to the Director, communication with the Planning and Oversight Committee and Chairs, as well as training and support to the School Governance Councils, including SGC recruitment, elections, meeting processes, records and reporting.

Public Information Officer (PIO) (1.0 FTE)            

The District PIO is responsible for managing public information and public relations for the District and interacts with government agencies, community organizations, local businesses and other school districts to coordinate public information and media relations. The PIO responds to requests for information and produces communications to target audiences through written publications, the BUSD website, at community and board meetings, and through ongoing relations with the media.

Specialist Translator/Interpreter (0.5 FTE)

This position is responsible to translate into Spanish the key district print, web, and email communications and documents. In consultation with the Director of BSEP and Community Relations, this position prioritizes requests for translation/interpretation, and assesses the need for and the oversight of hourly translators. The Specialist also advises district staff and collaborates with the Office of Family Engagement and Equity in improving parent outreach to Spanish speaking families. (The Translator position will continue to be funded at 0.5 FTE from this BSEP fund and 0.5 FTE from the General Fund.) 

Hourly Staff......................................................................................................................................$18,000                

On an as-needed basis, hourly staff provides support in the following areas:

• P&O and Public Meeting Support (set-up, documentation, childcare);
• Translators and interpreters to supplement the District Specialist Translator/Interpreter; these needs have increased significantly in the past year, particularly for Spanish and Arabic;
• Hourly staff to support document and website archiving.

Contracted Services.........................................................................................................................$55,000   

Parents and the general public have expectations for responsive and comprehensive communications, with a need for up-to-date information by emails, instant messaging, blogs, and online access in addition to traditional print media. Project-based contracts with service providers provide the flexibility to assist the Superintendent, Board and other district staff in writing and graphic design of documents for the A+ e-News, Press Releases, the BUSD Website, the BUSD Bi-Annual Report, programmatic brochures, and a variety of other district documents and public information materials. The budget for 2015-16 will continue to support opportunities for public awareness of the impact of BSEP in the District. The contracted services for 2016-17 include:

• Project-based writing, editing and graphic design contracts; 
• A web-based “Constant Contact” e-messaging service; 
• Website metrics and design support; 
• Language Line, for simultaneous interpretation.

Printing & Mailing................................................................................................................................$30,000

The primary expense in this category comes from a mailing of the BUSD Bi-Annual Report. Each issue costs approximately $13,000 for the printing and citywide mailing. Other print documents include copies in English and Spanish of the bimonthly A+ e-News, SGC training materials, the BSEP Annual Plan, and financial reports.

Equipment and supplies....................................................................................................................$10,000
                                           

This budget provides computers for BSEP staff, as well as office supplies, binders for the BSEP P&O Committee, materials related to BSEP Measure Awareness, and other documents related to the BSEP Programs.

Travel, Conferences and Memberships, Cell Phone.......................................................................$8,000   

This budget provides cell phone service for the PIO, as well as membership fees and a professional conference budget for the specialist interpreter/ translator.

BUDGET SUMMARY

This BSEP Resource is providing services in part through drawing upon the previous fund balance. This is sustainable for one more year at the current rate, but for the long-term there will need to be additional reconfiguration of plans and expenses.

In summary, the recommendation for the expenditure of the BSEP funds in FY 2016-17 is:

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Section 6-A, Measure A of 2006).

FISCAL IMPACT:
Projected expenditures of $620,700 from the BSEP funds for Public Information, Translation, and Support of the Planning and Oversight Committee.

STAFF RECOMMENDATION:
Approve the recommendation for expenditures in 2016-17 for funds allocated to Public Information, Translation, and Support of the Planning and Oversight Committee from the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Resource 0854).

BERKELEY PUBLIC SCHOOLS

President Leyva-Cutler called the meeting to order at 7:32 p.m. She reported that the Board convened to Closed Session at 5:45 p.m. 

Roll Call
Board of Education:
Beatriz Leyva-Cutler, President – Present
Ty Alper, Vice President – Present
Judy Appel, Director/Clerk – Present
Josh Daniels, Director – Present
Angelo Paraiso-Arroyo, Student Director, BHS – Present
Alaunte Key, 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—BCCE, BFT, UBA and Local 21 Negotiations
The Board received an update; no action was taken

Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9)
The Board consulted legal counsel on this matter; no action was taken.

Conference with Real Property Negotiators (Government Code Section 54956.8)
District Negotiator: David Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update

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

Public Employee Appointment: Career and Technical Education Program Supervisor (Government Code Section 54957)

Motion to accept staff recommendation:
Daniels/Appel and unanimously approved 5-0. 

Superintendent’s Midyear Evaluation (Government Code Section 54957)
The Board discussed the Superintendent’s midyear evaluation; no action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
At the request of Director Alper, Consent Item 11.9, Approval to Award a Contract with Vila Construction Company for the LeConte Transitional Kindergarten Campus Project, was moved to Action. 

Motion to approve agenda as amended:
Alper/Paraiso-Arroyo and unanimously approved 7-0.

RECOGNITION
Berkeley Scholars to CAL recognized participating students for their academic achievements. 

PUBLIC TESTIMONY
A total of 12 people addressed the Board: 

Three students shared the testimony of a student who experienced sexual harassment.

A parent addressed LeConte’s need for a bilingual secretary.

Two teachers updated the Board on the BHS design.

A parent shared his experience in seeking adequate support for his child. 

A community member commented on the resolution regarding the Superintendent’s contract.

A parent commented in support of the added language to the recess restriction policy.

A science teacher commented in support of the resolution directing staff to deemphasize the science CST.

A SHAC representative commented on the expulsion policy. 

An MX teacher advocated for proportional staffing

UNION COMMENTS
Cathy Campbell ceded her time to a Washington school who also stressed their need for additional support.

COMMITTEE COMMENTS
P&O Co-Chair Bruce Simon highlighted tonight’s presentation on BSEP Measure Renewal. Tonight’s presentation on BSEP represents the voices of many community members who have contributed an impressive depth of knowledge and breadth of experience. The P&O is confident that the process included representatives of every school site. While the new measure shares many principles with that of 2006, there have been focused efforts to provide increased measures of flexibility to manage changes in financial demographics and academic circumstances the District could face over the next years. The next step is approval of the grant to submit to the voters of Berkeley. Public comment on BSPE will be welcomed at the next P&O meeting on April 26, in Room 126 at 7:15 p.m.

David Goldman, Citizens Bond Oversight Committee
Mr. Goldman reported reported that for the third year BUSD expended Measure I funds only for the purposes approved by the voters and only for the specific projects developed by the Board in Education in accordance with Prop 39 and the California Constitution. On behalf of the Citizens Bond Oversight Committee, he thanked the Board, the Superintendent and the city of Berkeley voters for their support.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Vice President Alper thanked the Construction Bond Oversight Committee. He clarified that the resolution regarding CST was a resolution brought forward joint by him and Director Appel.

Director Daniels shared he’s had the opportunity to visit some schools. No April office hours. The next policy committee meeting will be on May 4 from 1pm to 4pm. The annual BHS alumni baseball game will be this Saturday.

Director Paraiso-Arroyo expressed support for the a BUSD form to report sexual harassment.

Director Appel shared that today was the first ever queer-straight alliance event and she thanked the counselors who organized it. She also thanked Alper for taking the lead on CST resolution. 

Director Hemphill gave a shout out to all the Black students who were recognized for achieving a 3.2 GPA or higher. She added that the Berkeley Scholars Program is a great program that should be duplicated. She reported that the Anti-Racism Task Force held its first meeting last week on Wednesday and will meet again on Tues. May 3 at 5:30 p.m. in the office of the Superintendent. 

President Leyva-Cutler announced Cathy Orozco as her new appointment to the Peace and Justice Committee. She announced that her office hours will continue every Second Thursday of the month from 4:30-6:30 p.m. at Casa Latina. She shared that she attended the NAACP meeting which had a great turnout. The task force will be responding to concerns raised at this meeting. She encouraged the Board and staff to be mindful of the time allotted to each item and being n consideration of those who work tomorrow. 

Superintendent Evans shared that while leading a school district is challenging, it is also rewarding because of the people that he is working with. He thanked everyone for the opportunity and their contribution as decisions and changes are not made in isolation. He added that we are anticipating the completion of the Ed specs before revisiting the possibility of a new school. He recognized MX for receiving the Golden Ribbon Award. 

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

ACTION ITEMS

Annual Declaration of Need for Fully-Qualified Educators
Assistant Superintendent Ruiz explained that due to higher demand in the teaching force, this resolution provides flexibility to hire teachers who have a permit and are in the process of becoming credentialed can be hired to teach.

Motion to approve the Annual Declaration of Need for Fully-Qualified Educators:
Leyva-Cutler/Paraiso-Arroyo and unanimously approved 7-0. 

Gardening and Cooking Program Budget for 2016-17
Superintendent Evans noted that this year’s allocation is different than last year’s. He added that tonight’s budget proposal will highlight such changes.

Jezra Thompson, Program Supervisor
Her presentation highlighted the hands-on instruction that is happening at various sites. The garden based learning curriculum piloted last year was a success. This year’s project based learning is focused at Longfellow, primarily around science, but also exploring different standards of math and history. A second project at BTA focused on supporting RTI in the garden promotes meditation and affords opportunity for calm. The goal of the proposed new projects for 2016-17 is to help improve the health and wellness activities for kids and their families. Schools will be identified through pilots. In order to successfully execute these projects, we need a Health and Wellness Instructional Specialist. She presented this year’s budget totaling to $740,330. Next year’s budget totals $973,316. She also displayed previous and current FTEs. With respect to the COB grants, the panel of experts is looking at setting some specifications in the way that grants are used. Questions and discussion followed.

President Leyva-Cutler added that she would like to see how this program aligns with our nutrition services program.

Director Daniels requested a comparison of administrative FTEs across all programs. 

Motion to approve the Gardening and Cooking Program Budget for 2016-17: 
Alper/Appel and unanimously approved 7-0. 

DISCUSSION ITEMS 

Special Education Elementary Inclusion Staffing

Lisa Graham, Director of Special Ed
Her presentation provided some context for the Statewide Special Education Task Force established in 1993. Among the Task Force recommendations were early intervention supports for students, technology to support common core state standards, and transition support for students aligned for college and independent living. On April 7, 2016, there was a community input meeting where participants had an opportunity to identify what they felt was a first and second priority. Graham requested direction from the Board with respect to four options: status quo, reconsideration of RtI duties and staffing, full proportionality, and modified proportionality.

Superintendent Evans directed the Board to comment in response to the four options. 

President Leyva-Cutler suggested removing the status quo as an option and asked the Board for their input.

Alper asked that the staff recommendation be more clear.

Appel said that the while the data supports the need for additional staffing at the larger sites, she wanted to know Graham’s thoughts on the proposed additional staffing by some teachers.

Graham said the fourth option, a modified proportional staffing model, was the best option.

While the fourth option is ideal, Dr. Evans said we do not have the resources to get there. For that reason, option two would be more appropriate at this particular time.

Hemphill requested additional information on what reconsidering RTI duties looks like and who will be doing the work. 

Daniels requested information around the thresholds of option four.

Appel added that she’d like to see this in the context of the whole sped budget.

Cleveland said that we’d reached a point where some trade-offs with respect to budget have to happen. She recommends that we just address MX at this time. 

Alper added that it will be helpful to receive some information on the full impact on the budget. 

Staff agreed to address these requests on May 18 after the May revise.

BSEP Measure Renewal of 2016 (First Draft)

Superintendent Evans and Natasha Beery

The structure of BSEP aligns with three major purposes: high quality instruction, essentials for excellence, and effective student support. These purposes are also aligned with the LCAP. This is an opportunity to reflect on how we can best support our students.

Beery added that this is a culmination of a long and thoughtful process. This is the first of three presentations before the measure language is up for approval in June. She highlighted history of BSEP support for schools since 1986 to demonstrate how the measure has evolved over time to continue to provide excellent education to our students. 

Superintendent Evans walked the Board through changes since the last measure in 2006, which included the ruling of the Court of Appeals on special taxes calling for a uniform rate for residential and commercial properties, state mandated costs for retirement, CSR reduction, and low COLA. All of these coupled with increase in enrollment and compensation account for some of the major changes. Questions and discussion followed. 

Motion to extend open session to 11:15p.m.:
Leyva-Cutler/Hemphill and unanimously approved 7-0.

This item will come back for action on May 18. 

Approval to Award a Contract with Vila Construction Company for the LeConte Transitional Kindergarten Campus Project

Director Alper explained that this item was pulled to highlight the revision to staff recommendation that clarifies that funding for this project will come from the Measure I Inflation Contingency Fund, and not from a future modernization budget for the LeConte site.

Motion to approve staff recommendation:
Alper/Daniels and unanimously approved 7-0.

EXTENDED PUBLIC COMMENT
Three people commented on sped staffing

BOARD SELF-EVALUATION

President Leyva-Cutler acted as the observer:

• Items were framed well
• We need to make sure we allot adequate time to each item
• Director Hemphill modeled how to address issues at the root
• All modeled mutual respect and civility

ADJOURNMENT
President Leyva-Cutler adjourned the meeting at 11:06 p.m.

BERKLEY UNIFIED SCHOOL DISTRICT 

TO:            Board of Education
FROM:            Policy Subcommittee
DATE:        June 1, 2016
SUBJECT:  First Reading of Expulsion Policy Revision

Background and Process

For the past year and a half, the Policy Committee has been engaged in a substantial review of its discipline and student intervention polices.  The District’s Restorative Justice Advisory Committee has also been working on a parallel track to develop a student intervention matrix for all levels of student behavior and a plan for the implementation of restorative practices (including restorative justice) in the District.

As part of this ongoing process, the Policy Committee, working closely with Dr. Susan Craig, Director of Student Services, has drafted the attached interim Expulsion Policy, which governs the District’s response to the most egregious of student violations.  This interim policy will then be incorporated into a comprehensive Student Discipline and Intervention Policy when the other pieces of such a policy are completed. 

We emphasize that this policy does not cover Title IX complaints, suspensions (except those incident to a pending expulsion proceeding), or all of the details of alternatives to traditional discipline, such as restorative justice.  Those important issues are dealt with in other policies, and in a forthcoming AR for this policy.  Nor does the Expulsion Policy address District employees’ interaction with law enforcement, which is the subject of another policy that the Policy Committee is working on.

The attached draft Expulsion Policy, presented here for first reading, is the product of many Policy Committee discussions and extensive feedback and input from stakeholders in the community.  The Committee itself, in close consultation with Dr. Evans and Dr. Craig, discussed and revised the Expulsion Policy at five separate meetings: January 26, February 26, April 8, May 4, and May 18. Subject to the Board’s feedback, we hope to bring the Expulsion Policy back to the Board for approval no later than June 29, which is the last meeting of the school year. 

Please note that the attached Expulsion Policy contains a number of explanatory comments in the margins, as well as several instances in which the Policy Committee was unsure about the best way to proceed.  We would appreciate guidance and direction from the entire Board on these provisions, as well as any others that the Board wishes to address.

Substance of Policy and Relationship with Forthcoming Administrative Regulations

A revised Expulsion Policy was one of the priorities that emerged from the African-American Town Hall meeting in December 2015, as the racial disproportionality in our discipline policies is seen most starkly in our expulsion statistics.  More generally, we are committed as a District to facilitating the use of less exclusionary means of student discipline, both to keep more students in school more of the time, and to foster actual healing and growth when conflicts arise among members of our community. 

Moreover, although BUSD does not proceed to many expulsion hearings, we are also committed to reducing the number of students even recommended for expulsion as the entire process can often be traumatic for all students and families involved.  

An expulsion hearing is similar to a criminal trial in many ways, and an emerging literature confirms that the experience can be deeply traumatizing for alleged victims.[1]  While school expulsion hearings are not public, they can be traumatizing in many of the same ways.  They are also not designed to be restorative and their adversarial nature can preclude true understanding and reparation of the harm caused.

The proposed Policy facilitates a restorative approach that we believe is consistent with the Board’s stated commitment, provides protections for both accused students and complainants in the rare expulsion proceedings that do advance to an adversarial hearing, and clarifies the role and discretion of the officials at the various levels of review in an expulsion process. 

The proposed Policy replaces a status quo situation in which the Board and other officials with roles in the proceedings have little to no guidance in terms of the standards to apply in making critical decisions.  This proposed Policy clarifies the presumptions that should apply to these decisions, and provides far more guidance than currently exists.

Further guidance and implementation specifics will follow this Policy in Administrative Regulations (AR) that the Policy Committee will develop with Dr. Evans and Dr. Craig.  We have set a deadline to consider the accompanying AR in the early fall.  We do not believe that we should wait to approve this Policy until the AR is drafted.  If the Board approves this Policy, we think it is important that it then guide the drafting of the accompanying AR.  Moreover, we believe the proposed Policy represents a significant improvement over the status quo, and we do not think there is a benefit to delaying its implementation, assuming the Board approves it.

Engagement with Stakeholders

As noted, the attached Policy has benefitted from feedback we received from a number of stakeholders and experts, including representatives from the East Bay Community Law Center, the Sexual Harassment Advisory Committee, Public Counsel, Impact Justice, Parents of Children of African Descent (PCAD), the Berkeley Federation of Teachers (BFT), and Berkeley principals/site administrators at the elementary, middle, and high school levels.  We have also received advice and guidance from the District’s legal counsel. 

POLICY/CODE:
Board Policy XXXX

FISCAL IMPACT:
There may be some small additional cost for instruction of the few students each year on extended suspension pending expulsion, but it is probable this would be offset, or even exceeded, by a reduction in expulsion hearings, which incur considerable legal costs for the district.

RECOMMENDATION:
To receive the Expulsion Policy for first reading. The Policy Committee requests that the Board provide feedback and direction with respect, particularly, to the provisions in the Policy that are highlighted with comment bubbles.  Minor suggestions for edits can be sent to Director Alper for incorporation.

At a minimum, the Committee would like direction on the following questions: 

1. What standard should the Board should employ and what factors it should consider when deciding whether to readmit a student who has been expelled? On pages 3-4 of the Expulsion Policy, the Committee has provided several options for language for this provision.
2. Where a decision has been made to extend the suspension of a student pending an expulsion hearing, should the Policy include a provision for an appeal of that decision to the Superintendent?  Language reflecting such a provision is on page 5 of the Expulsion Policy.
3. Should the Policy contain an example of how an alternative, restorative justice approach can be employed in lieu of an expulsion hearing, even in cases that require mandatory referral for expulsion?  See page 6 of the Expulsion Policy.
4. Should the Policy include, delete, or limit a provision precluding school administrators from questioning a student as part of an investigation without giving the student an opportunity to have an adult of his or her choice present?  See page 7 of the Expulsion Policy.
5. Should the Policy include a provision specifically allowing complainants the right to have an adult of their choice present during any questioning?  If so, should it be limited to complainants in certain types of cases?  See page 8 of the Expulsion Policy. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed. D., Superintendents
FROM           Javetta Cleveland, Deputy Superintendent
DATE:            June 1. 2016
SUBJECT:     Information on the Governor’s Budget (May Revision)

BACKGROUND INFORMATION:
On May 13, 2016, the Governor presented the May Revision for the proposed 2016-17 State Budget for California’s Schools.  Staff has received information on the Governor’s budget proposal for K-12 education and will share that information with the Board. The presentation will include the fiscal impact of the Governor’s May Revision on the District’s financial position.

POLICY/CODE:
None

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Review and accept the information on the Governor's Budget (May Revision)

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans ED.d, Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:        June 1, 2016
SUBJECT:   The Governor’s May Revision on the State Budget 

BACKGROUND INFORMATION:
The Governor’s May Revision mainly focused on the fact that state revenue collections in April were well below the level projected in January.  While many braced for funding reductions, the May Revision “surprise” was that there were no budget reductions proposed for education.  In fact, both ongoing and one-time dollars for education increased slightly from the planned January expenditure levels.  Looking into the future, the Governor is careful to point out that the State’s projections do not assume a recession, but do assume that Proposition 30 temporary taxes expire.  Under these assumptions the state forecasts large deficits, which grow even higher if a recession should develop.

The May Revision shows that the Proposition 98 guarantee had been underestimated for 2014-15 and results in a revised guarantee for the prior year of $67.2 million compared to $66.7 million estimated in January.   For 2015-16, the May Revision reflects a decrease in Proposition 98 guarantee from $69.2 billion to $69.1 billion.  In 2016-17 the minimal level is $71.9 billion.

Cost of Living Adjustment
The statutory cost-of-living adjustment (COLA) is revised downward from .47% in January to 0% in May.  This reduces funding for categorical programs including Special Education, Child Nutrition, and Childcare programs.

Local Control Funding Formula
The Governor’s 2016-17 May Revision continues implementation of the Local Control Funding Formula (LCFF) and provides an additional $154 million statewide above the January State Budget proposal.  The May Revision proposal calls for a gap percentage of 54.84% of the remaining gap which exceeds the Governor’s proposed January Budget gap percentage of 49.08%.  The increase in GAP funding less decrease in COLA calculated in the target nets an additional $153,000 in ongoing revenue.  The lack of a COLA affects the per-pupil grants used to calculate the LCFF target but does not directly impact the level of the appropriation of the LCFF gap closure percentage, which determines revenue growth for most school districts. Bear in mind that the LCFF target entitlement is the full funding level for each school district, in today’s dollars, that the state intends to provide by the end of the original target period of eight years. The amount the school district will receive each year is based on the difference, or “gap” between the current year LCFF funding level, the target entitlement, and to percentage of the gap that can be funded with the LCFF increase.  

The GAP percentage for 2015-16 was adjusted from 51.97% to 53.08% and increased revenue by an additional $121,000 for that year.

One-Time Discretionary Funds
The Governor’s May Revision includes more than $1.4 billion state-wide in one-time Proposition 98 funding for school districts.  Funding is estimated at $237 per ADA and will offset outstanding mandate reimbursement claims.  This represents an additional $207,000 more than the Governor’s proposed January Budget which was based on $214 per ADA.  The funds are unrestricted and the use of the dollars is discretionary. 

Child Care
The May Revision proposes administrative adjustments from the Governor’s Budget to the California Work Opportunity and Responsibility to Kids (CALWORKS) child care system.  Capped child care programs are proposed to see a net decrease of $3.5 million statewide due to the 0% COLA. 

Preschool/Early Childhood Education
The Administration updated its Early Education Block Grant proposal.  As revised, the proposal would include a “funding model that maintains current levels of funding for school districts and regions for a period of time as the transition to the new Bock Grant model occurs.  Future state spending investments will be targeted to those areas of the state that have traditionally lacked an equitable share of total funding.”

FISCAL IMPACT:
The LCFF Revenue for fiscal year 2015-16 will increase by $121,000. The LCFF Revenue for 2016-17 will increase by $153,000 on an ongoing basis and will partially offset the decrease in revenue due to decrease in ADA of approximately $400,000 annually. The Special Education, Child Nutrition and Child Development program will not receive any increase revenue for COLA in 2016-17. The District will receive an additional $207,000 in one-time discretionary funds in 2016-17.

STAFF RECOMMENDATION:
The Board receives this report as information. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Assistant Superintendent, Ed Services
Lisa Graham, Director of Special Education
DATE:     June 1, 2016
SUBJECT:      Allocation of Additional Special Education Staffing at Malcolm X for 2016-2017

BACKGROUND INFORMATION:
Following presentations in both the general fund budget priorities process, and in a follow-up discussion with the Board this spring, staff has been working through concerns about special education staffing relative to differences in school sizes, as well as in comparison to state and national average ratios of total student enrollment to special education staffing.

Staff at larger K-5 sites have expressed concerns about how overall school size impacts their workload and workflow where servicing students with special needs is concerned. This impact can be seen in the range of grades and curricular content that need to be supported, the number of general education teachers that special education teachers are asked to support and collaborate with, and an expectation that they will serve and support students without individualized education programs (IEP) through the Response to Intervention (RTI) process.

In light of this, awareness has been raised and questions have been asked about the fact that a number of our elementary schools do not presently have ratios of total student enrollment to certificated special education personnel that align with the statewide average in that area of 190:1. These ratios, referred to in the education literature as special educator school density, again refer to the ratio of special educator full time equivalents (FTE) to total school enrollment (Giangreco & Sutter, 2015).

Aligning with these ratios, which are statewide averages, are made challenging by a number of factors, including the fact that at present in BUSD, our current staffing allocation model places a minimum of 2 certificated special education instructors at a school site. This is not to suggest that such a model is not appropriate, but simply highlighted to point out that where our eleven K-5 schools are concerned, seven schools have ratios higher than 190:1, while four are well under that ratio. This is notable insofar as pursuing lower staff to total enrollment ratios overall will be more costly given the fact that our model includes base staffing of 2.0 FTE per site and is not driven by across-the-board proportionality where total enrollment to special education staffing is concerned.  

The averages of 190:1 and 120:1 (the statewide and national averages for special educator school density respectively) are among figures referred to in the Report of California’s Statewide Task Force on Education from March of 2015. These ratios appear to have been derived from data on total special education staffing and total numbers of students by state. Staff is working to clarify whether these averages have been disaggregated by school site, by grade level, or simply been based on district-wide staffing across states. This is critical since moving forward, any pursuit of specific maximums relative to special educator school density ratios, must consider both proportionality across sites, and whether or not our goals for these ratios must align to school site, school level (K-5, 6-8, 9-12), or reflect an overall district ratio.

Figure 1 below shows current special educator school density ratios for K-5  schools in BUSD.

Staff gave consideration to distributing smaller amounts of FTE (.2 FTE) at multiple K-5 schools that were above the statewide average ratio. Ultimately, this scenario would yield either allocations at each site that would be very challenging to staff (20% of a full time position), or require the development of an itinerant position staffed with someone who could travel to up to five sites once per week. This option would technically reduce the overall special ed staff to total enrollment ratios at multiple sites, but also present a coordination and focus challenge that staff believed had a high probability of undermining or minimizing the positive impact that the position could have. Moving forward staff may review and reconsider options for central or zone-based staff to support specific special education responsibilities like initial assessments.

BUSD presently has an overall district ratio of approximately 164:1, placing us between the state and national averages when it comes to special educator school density district-wide (See figure 2 below).

Staff highlights this district-wide ratio not to suggest that advocacy about site-specific ratios may not warrant an eventual increase in special education staffing overall, or at particular school sites, but rather to underscore the need for the District to add staffing in a way that considers both a process for ensuring an equitable resource distribution across all grade levels and schools as well as the long-term fiscal sustainability of the expenses that will accompany any potential increase in staffing; particularly if the goal is to add that staffing without repurposing any of our existing special education staffing resources.

While multiple proposals have suggested increasing staffing to bring all K-5 sites to a special educator school density ratio of around 190:1, staff cannot recommend this level of increase at present due to multiple fiscal considerations. A more thorough and exhaustive analysis of the needs and costs will be conducted in the fall and special education staffing will factor into our general fund budget priorities discussion for the 17-18 school year.

Staff recognizes that individual schools, not just the district, also need to be units of analysis in our continued and progressive exploration of this matter. While a need to consider lower special education staffing to total enrollment ratios overall will take more time, at present, Malcolm X elementary appears to be a significant enough outlier relative to school size to warrant more near-term support.

Figure 3 below shows where above or below the average enrollment for all BUSD K-5 schools each individual school falls. With the average enrollment at K-5 schools across the district projected to be 407 students next year, Malcolm X remains projected to be 40% larger than that average. Staff is recommending adding a .4 FTE in Special Education staffing to Malcom X for the 2016-2017 school year (this would bring total special education staffing at Malcolm X to 2.8 FTE).

Additionally, staff is recommending a working group of district staff, principals, and special education teachers and administrators be convened in the early fall to discuss special educator school density ratios and their impact across the district and at all sites and grade levels.

FISCAL IMPACT:
$40,000 approximately.

STAFF RECOMMENDATION:
Approve an additional .4 FTE in special education staffing at Malcolm X for the 2016-2017 school year.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:            Josh Daniels, Director
DATE:        June 1, 2016
SUBJECT:    Board Bylaws 9321 (Closed Session Purposes and Agendas), 9321.1 (Closed Session Action and Reports) , 9322 (Agenda/Meeting Materials), 9323 (Meeting Procedures)

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.

On May 18, 2016, the Board Policy Subcommittee reviewed Board Bylaws 9321 (Closed Session Purposes and Agendas), 9321.1 (Closed Session Action and Reports) , 9322 (Agenda/Meeting Materials), and 9323 (Meeting Procedures). These Board Bylaws are now being presented for first reading. 

POLICY/CODE:
BB 9321, 9321.1, 9322, 9323

FISCAL IMPACT:
N/A

BOARD MEMBER RECOMMENDATION:
Receive Board Bylaws 9321, 9321.1, 9322, and 9323 as information for first reading.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Dr. Susan Craig, Director, Student Services
DATE:        June 1, 2016
SUBJECT:  Williams Case Settlement Quarterly Report                 

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

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

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

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

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

Staff is now reporting that between January 1, 2016 and March 31, 2016 there were no Williams Complaints filed during this time period.

POLICY/CODE:
Ed Code 35186
Board Policy 1312 

FISCAL IMPACT:
None

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

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?