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

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

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

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

2.  Closed Session Public Testimony
Persons wishing to address the Board should fill out a green speaker card. Cards 
turned in by 5:30 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 Appointment (Government Code Section 54957) (15 min)
      3.1.1 Vice Principal, Berkeley High School 
      3.1.2 Acting Dean, Berkeley High School
      3.1.3 Authorize the Superintendent to Appoint Certificated Administrators During the Board’s Summer     Recess
3.2 Collective Bargaining (Government Code Section 54957.6): Lead Negotiator Legal Counsel Roy Combs/District Representative Delia Ruiz--BCCE (45 min)

4. Call to Order - 7:30 PM

5. Approve Regular Meeting Agenda of June 15, 2016

6. Report Closed Session

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 Ratification of Extension of Collective Bargaining Agreement Between the Berkeley Unified School District and the Berkeley Council of Classified Employees (BCCE)
11.3 Approval of Tentative Agreement for Implementation of Classification and Compensation Study for Berkeley Council of Classified Employees (BCCE) 
11.4 District Insurance Premiums and Broker Fees for FY 2016-2017
11.5 Acceptance of Gifts/Donations 
11.6 Approval of Contracts/Purchase Orders for Services Contracts 
11.7 Approval of Legal Services Agreements for Fiscal Year 2016-17
11.8 Approve Contracts with HY Architects for Oxford Elementary Modernization Scoping Study and Approve Combining Budgets for Projects at Oxford Elementary 
11.9 Approve an Increase to Contract with Baker Vilar Architects to Provide Additional Design Services for the LeConte Transitional Kindergarten Project 
11.10 Approve a Contract with HKIT for Updated Facility Programming for the Maintenance & Operations Facility Complex 
11.11 Approve a Contract with Dannis Woliver Kelley to Provide Legal Services for the Construction Program
11.12 Approval to Enter Into an Agreement with Supplyworks to Continue to Purchase Custodial Supplies as a Part of a Piggyback Bid with Fresno Unified School District as a Part of a US Communities Bid 
11.13 Approval to Enter Into an Agreement with Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (Formerly Western States Contracting Alliance Bid) 
11.14 Approval to Award the Malcolm X Building Envelope Rehabilitation Project
11.15 Approval of School Safety Plan for Berkeley High School and Berkeley Technology Academy
11.16 Adoption of New Curricular Materials for BHS: AP Computer Science Principles
11.17 2016-2017 Single Plans for Student Achievement 
11.18 Approval of Out-of-State Travel Requests
11.19 Board Bylaws: 9321 (Closed Session Purposes and Agendas), 9321.1 (Closed Session Action and Reports), 9322 (Agenda/Meeting Materials), 9323 (Meeting Procedures)
11.20 Resolution 16-053 Establishing the 2016-17 Tax Rate for the Special Tax: Berkeley Schools Facilities Safety and Maintenance Act of 2019 (Measure H of 2010)
11.21 Resolution 16-054 Establishing the 2016-17 Tax Rate for the Berkeley Public Schools Educational Excellence Act of 2006 (Measure A of 2006)
11.22 Resolution 16-055 in Support of a Vote 16 Charter Amendment 
11.23 Resolution 16-059 in Support of the Children’s Education and Health Care Protection Act of 2016
11.24 Approval of Board of Education Meeting Minutes for May 4, 2016

12. Discussion 
12.1 Public Hearing 8:15pm -2016-2019 LCFF Supplemental Funding Plan (60 min)
12.2 Public Hearing 9:00pm- 2016-2017 Preliminary Budget (45 min)
12.3 Educational Specifications Asset Analysis (60 min)

13. Information Item 
13.1 First Reading of Revised Board/Exhibit Policy 0460: Local Control and Accountability Plan (LCAP) 

14. 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.

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

16. 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?

17. Adjournment

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM: Delia Ruiz, Assistant Superintendent, Human Resources
DATE:             June 15, 2016
SUBJECT: Approval of Human Resources Report

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 report.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed. D., Superintendent                          
FROM:          Delia Ruiz, Assistant Superintendent, Human Resources          
DATE:           June 15, 2016        
SUBJECT:    Approval of Extension of Collective Bargaining Agreement with the Berkeley Council of Classified Employees (BCCE)

BACKGROUND INFORMATION:
The Berkeley Unified School District and the Berkeley Council of Classified Employees (BCCE) are parties to a collective bargaining agreement that will expire on June 30, 2016. The District has reached a Tentative Agreement with BCCE to extend the Agreement. The extension for the Agreement will be from July 1, 2016 to June 30, 2018. BCCE has informed District staff that its memberships has scheduled its ratification meeting for June 16, 2016.

POLICY/CODE:
Government Code 3450 et seq.

FISCAL IMPACT:
As detailed in the AB1200 Disclosure

STAFF RECOMMENDATION:
Approve extension of the Agreement pending Union ratification.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                      Donald Evans, Ed.D., Superintendent
FROM:                 Delia Ruiz, Assistant Superintendent, Human Resources
DATE:                 June 15, 2016
SUBJECT:          Approval of Tentative Agreement for Implementation of the Classification and Compensation Study for the Berkeley Council of Classified Employees (BCCE)

BACKGROUND INFORMATION:

On October 22, 2014 and January 28, 2015, the Board approved the Classification and Compensation Study for classified employees of the District. The District's negotiations team has been meeting with the Berkeley Council of Classified Employees (BCCE) to bargain the impacts and effects of the implementation of the Study as approved by the Board. The District's team followed the Board's directives.  Approximately 80 job descriptions have been revised,and staff is recommending approval of amendments as detailed in the attached Tentative Agreement. BCCE has informed staff that it has scheduled the ratification meeting for June 16, 2016.

POLICY/CODE:
Government Code 3450 et seq.

FISCAL IMPACT:
The salary and statutory benefit cost for implementing the compensation study for 2015-2016 is estimated to be $540,000 from all funds, of which $345,000 will be paid from the unrestricted base grant funds.  For 2016-2017, the cost is estimated to be $910,000 from all funds, of which $430,000 will be paid from the unrestricted base grant funds.  The cost will be higher when the study's implementation includes more step increases which impact fiscal years 2016-17, 2017-18 and 2018-19.  

STAFF RECOMMENDATION:
Approve Agreement pending Union ratification.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Javetta Cleveland Deputy Superintendent
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:         June 15, 2016
SUBJECT:  District Insurance Premiums and Broker Fees for FY 2016-2017

BACKGROUND INFORMATION:
California Public Entity Insurance Authority Excess Workers Compensation Program (CSAC-EIA)

The District became self-insured for workers compensation on January 1, 2004.  At that time, the District solicited quotes for "excess insurance" at a self-insured retention (SIR) level of $250,000. CSAC-EIA, a joint powers authority of cities, counties and special districts provides excess worker’s compensation insurance in excess of $250,000.

The premium deposit for CSAC-EIA services for the coverage period from July 1, 2016 through June 30, 2017 is $338,000.  Renewal rate includes a 10.4% increase to the program due to an estimated payroll increase at $87,792, 060 as compared to $78,532,134 the prior Fiscal Year. The calculated based rate of $.3850 per $100 of payroll remains the same as the prior year.

Staff is satisfied with the services provided by CSAC-EIA and is requesting approval to continue their contract.

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
The impact for Fiscal Year 2016-17 is $338,000 within the Self Insurance Fund as compared to $306,071 the prior Fiscal Year 2015-16.

STAFF RECOMMENDATION:
Approve insurance and broker costs for Fiscal Year 2016-17. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Donald Evans, Ed.D., Superintendent
FROM:    Javetta Cleveland, Deputy Superintendent
DATE:        June 15, 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 through their Take Charge of Education program $53.08 for Washington Elementary School; $103.25 for Rosa Parks Elementary School and $300 for Thousand Oaks; $262.53 for Jefferson Elementary School and $233.37 for Thousand Oaks Elementary School to be utilized as needed for a total donation of $912.11.
2. Veritas donated $750 to be utilized as needed for Jefferson Elementary School.
3. Adobe donated $2500 to be utilized as needed for Jefferson Elementary School.
4. Whole Foods Market donated $1,193.99 to be utilized as needed for the Gardening and Cooking Program.
5. Lulu Press Inc. donated $25.34 to be utilized as needed for the Gardening and Cooking Program.
6. Bais Yaakov Settlement Fund donated $56.30 to be utilized as needed for Thousand Oaks Elementary School.
7. Your Cause donated $40 through the Corporate Employee giving Program to be utilized as needed for Thousand Oaks Elementary School.
8. Cotteco donated $407.55 to be utilized as needed for Thousand Oaks Elementary School.

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $5,925.41 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:        Javetta Cleveland, Deputy Superintendent
DATE:         June 15, 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. 1. Contract with J.P. Graphics, to produce 2016/17 Nutrition Services lunch menu calendars. The cost will not exceed $10,630. To be paid from Cafeteria Fund. Requested by Marni Posey.
   2. American Eagle Enterprises to provide annual bleacher service for district bleachers for the 2016-17 SY. The cost will not exceed $11,000. To be paid from Measure H. Requested by Steve Collins.
   3. American Services Roofing to provide roofing services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $20,000. To be paid from Measure H.  Requested by Steve Collins.
   4. Anderson Carpet to provide carpet services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $10,000. To be paid from Measure H.  Requested by Steve Collins.
   5. Bay Cities Pyrotector to provide fire system inspections and services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $70,000. To be paid from Measure H.  Requested by Steve Collins.
   6. City of Berkeley Public Works to provide sidewalk repair services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $10,000. To be paid from Measure H.  Requested by Steve Collins.
   7. DeWalt Services to provide operable backboard services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $10,000. To be paid from Measure H.  Requested by Steve Collins.
   8. Diablo Plumbing to provide plumbing services as needed by the Maintenance Department for the 2016-17 SY.  The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
   9. Dinelli Plumbing to provide plumbing services as needed by the Maintenance for the 2016-17 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collings.
   10. Shoreline Environmental Resources to provide hazmat services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $35,000. To be paid from Measure H.  Requested by  Steve Collins.
   11. Galaxy Construction to provide mechanical repair and replacement services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $25,000.  To be paid from Measure H. Requested by Steve Collins.
   12. Golden Gate Fire Equipment to provide fire extinguisher services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $10,000. To be paid from Measure H.  Requested by Steve Collins.
   13. Johnson Controls to provide HVAC services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins
   14. Roto Rooter to provide plumbing services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $15,000. To be  paid from Measure H. Requested by Steve Collins.
   15. Simplex Grinnell to provide fire alarm services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
   16. Syserco to provide HVAC services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
   17. Younger-Wunar to provide general contracting and concrete services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $30,000. To be paid from Measure H.  Requested by Steve Collins.
   18. Merit Floor Care to provide floor refinishing services as needed by the  Maintenance Department for the 2016-17 SY. The cost will not exceed $20,000.  To be paid from Measure H.  Requested by Steve Collins.
   19. Bay Area Tree Care to provide tree care services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $15,000. To be paid from Measure H.  Requested by Steve Collins.
   20. J & R Fence to provide fencing services as needed by the Maintenance  Department for the 2016-17 SY.  The cost will not exceed $20,000. To be paid from Measure H.  Requested by Steve Collins.
   21. Tot Turf (Robertson Industries) to provide play surface services as needed by the Maintenance Department for the 2016-17 SY.  The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
   22. Anderson Carpet to replace flooring at King CDC and Franklin Preschool for the 2016-17 SY. The cost will not exceed $62,964. To be paid from Measure H.  Requested by Steve Collins. 
   23. Burris Window Shades to provide and install stage curtains at Thousand Oaks and Willard for the 2016-17 SY. The cost will not exceed $18,305. To be paid from Measure H. Requested by Steve Collins. 
   24. Johnson Controls to provide HVAC retrofitting services at the District Administration Building for the 2016-17 SY. The cost will not exceed $29,111.73. To be paid from Measure H.  Requested by Steve Collins.
   25. Sound and Signal to provide camera systems for the 2016-17 SY. The cost will not exceed $55,000. To be paid from Measure H. Requested by Steve Collins
   26. Purchase order for Airgas services to provide pool maintenance supplies as needed for BHS Operations for the 2016-17 SY. The cost will not exceed $15,000. Requested by Greg Williams.
   27. Purchase order for Aramark Uniform services to supply and launder uniforms for Operations for the 2016-17 SY. The cost will not exceed $20,000. Requested by Greg Williams.
   28. Purchase Order for Big 4 Rents to provide rental services for tables & chairs for events as needed for Operations for the 2016-17 SY. The cost will not exceed $10,000. Requested by Greg Williams.
   29. Purchase order for Certech Environmental Services, Inc. for pest control management services as needed by Operations for the 2016-17 SY. The  cost will not exceed $70,000.  Requested by Greg Williams.
   30. Purchase Order for Champion Chemical Co. to provide floor maintenance products and supplies as needed for Operations for the 2016-17 SY. The  cost will not exceed $30,000. Requested by Greg Williams.
   31. Purchase Order for City of Berkeley Toxic Management Division to provide hazardous and toxic materials oversight services as needed Districtwide for the 2016-17 SY. The cost will not exceed $13,000. Requested by Greg Williams.
   32. Purchase order for the City of Berkeley Transfer Station to provide transfer station and dumpster services as needed by Operations for the 2016-17 SY. The cost will not exceed $75,000. Requested by Greg Williams.
   33. Purchase order for Grainger to provide tools and hardware for Operations  as needed for the 2016-17 SY. The cost will not exceed $15,000. Requested by Greg Williams.
   34. Purchase order for Knorr to provide inspection & repair services as needed for BHS pool for the 2016-17 SY. The cost will not exceed $12,540. Requested by Greg Williams.
   35. Purchase Order for Sentry Alarms to provide alarm monitoring services  as needed by Operations for the 2016-17 SY. The cost will not exceed $60,000. Requested by Greg Williams.
   36. Purchase Order for ServPro to provide fire and water cleanup and restoration services as needed by Operations for the 2016-17 SY. The cost will not exceed $10,000. Requested by Greg Williams.
   37. Purchase order for Shoreline Environmental Resources to provide hazmat services as needed by Operations for the 2016-17 SY. The cost will not exceed $40,000. Requested by Greg Williams.
   38. Purchase order for SupplyWorks to provide repair to custodial equipment as needed by Operations and BHS Operations for the 2016-17 SY. The cost will not exceed $15,000. Requested by Greg Williams.
   39. Purchase Order for West-Lite Supply Co Inc. to provide light bulbs as needed for Operations for the 2016-17 SY. The cost will not exceed $10,000. Requested by Greg Williams.
   40. Contract with Construction Testing Services to provide construction  materials testing and inspection services for the John Muir Modernization Project. The cost will not exceed $18,000. To be paid from Measure I.  Requested by Tim White.
   41. Purchase Order for Dream Ride Elevator to provide elevator services as  needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $80,000. To be paid from Measure H. Requested by Steve Collins
   42. Purchase Order for One Source to provide boiler services as needed by the Maintenance Department for the 2016-17 SY. The cost will not exceed $80,000. To be paid from Measure H.  Requested by Steve Collins.
   43. Increase in contract, PO#161657 with Bay Area Community Resources,  to provide  mental health programming and consultation for students and staff at Malcolm X Elementary for the period from 1/1/16 – 6/30/16. The additional amount will increase the purchase order by $5,000 for a total amount of $14,000. To be paid from General Fund. Requested by Susan Craig.

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 15, 2016
SUBJECT:   Approval of Legal Services Agreements for Fiscal Year 2016-17

BACKGROUND INFORMATION:
The following legal service agreements are being presented to the Board for approval: 

Fagen Friedman & Fullfrost to provide legal services as directed by the Superintendent, Assistant Superintendent of Human Resources and Director of Special Education. The District will be utilizing these services for labor negotiations, personnel matters, general legal support and special education services.  The attorney rates are $275 to $300 per hour for Partners, $215 to $235 per hour for Associates, and $135 to $155 per hour for Paralegal/Law Clerks. This is an increase of $10 per hour for all levels.

Atkinson, Andelson, Loya, Ruud & Romo, Attorneys to provide legal services as directed by the Superintendent and Assistant Superintendent of Human Resources. The District will be utilizing these services primarily for legal services regarding personnel matters. The attorney rates are $260 to $285 for Partners and $250 per hour for Senior Associates and $240 for Associates and $175 to $185 per hour for Paralegal/Law Clerks. This is an increase of $10 to $15 per hour for all levels.

Burke, Williams and Sorreson, LLP to provide legal services as directed by the Superintendent and Deputy Superintendent. The District utilizes these services primarily for legal services regarding charter schools.   The attorney rates are $255 per hour for Partners and $220 per hour for Associates. 

Dora Dome Law Offices to provide legal services as directed by the services regarding student matters.   The attorney rate is $240 per hour and $175 for Paralegals.

Dannis, Wolver and Kelley to provide legal services as directed by the Superintendent or Deputy Superintendent. The District utilizes these services primarily for Facilities Matters. The attorney rates are $225 to $310 per hour for Partners and $185 to $225 per hour for Associates and $120 to $140 per hour for paralegals.            

POLICY/CODE:
N/A

FISCAL IMPACT:
Legal fees are estimated at an amount not to exceed of $434,680 for the General Fund and $144,00 within the Special Education Budget. Legal expenses related to the bonds will be paid for through the Building Fund.      

STAFF RECOMMENDATION:
Staff is requesting approval from the Board to enter into an agreement for Legal Services as listed above. 
    

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy White, Director of Facilities
DATE:         June 15, 2016
SUBJECT: Approve Contract with HY Architects for Oxford Elementary Modernization Scoping Study and Approve Combining Budgets for Projects at Oxford Elementary

BACKGROUND INFORMATION:
There are three projects at Oxford Elementary which are a part of the approved Facilities Master Plan funded under the District’s 2010 Measure I bond. The projects listed in the plan are: “Modernization,” “Solar and Roof,” and “Playground." The combined budget for the three project is: $4,494,000.  While the projects are listed separately, it is appropriate to consider completing the work as a single project in order to recognize efficiencies in the process.

The scope of modernization work is not specifically delineated in the plan, therefore, Facilities staff is requesting approval of a contract with HY Architects to complete a Scoping Study for the project. This will include analysis of systems deficiencies, finishes upgrade needs, classroom upgrade requirements and site playground enhancement options. The study will include Site Committee input and District Facilities staff input. Deliverables will include project priority recommendations and cost estimates for identified priority work.

POLICY/CODE:
Public Contract Code 10510.4 - 10510.9

FISCAL IMPACT:
Contract award by this action: $25,500. To be paid from Measure I Bond Funds. 

STAFF RECOMMENDATION:
Approve contract with HY Architects for Oxford Elementary Modernization Scoping Study. Approve combining budgets for the Oxford Elementary Project.

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Timothy E. White, Executive Director of Facilities
DATE:         June 15, 2016
SUBJECT:  Approve an Increase to a Contract with Baker Vilar Architects to Provide Additional Design Services for the LeConte Transitional Kindergarten Project

BACKGROUND INFORMATION:
On March 11, 2015, the Board approved Baker Vilar Architects to design the LeConte Transitional Kindergarten project for $175,000. The Board approved an additional $67,873 on June 24, 2015. There was a deductive credit in the amount $31,140 for John Muir and Thousand Oaks. The project was currently bid and awarded. The site has requested additional changes to accommodate the transitional kindergarten program. The changes requested will include a redesign of the south corner to provide more surface play area for the students. Facilities supports the changes and is requesting approval to authorize the architect to engage their consultants to make the changes necessary to enhance the program.

Staff is recommending that the Board approve Baker Vilar Architects for additional services to redesign the south corner.

POLICY/CODE:
Board Policy 3310. 

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

STAFF RECOMMENDATION:
Approve Baker Vilar Architects for additional design services in the amount of $40,000 for the LeConte Transitional Kindergarten project.

BERKELEY UNIFIED SCHOOL DISTRICT

BACKGROUND INFORMATION:
The “Plant Operations” project is a part of the approved Facilities Master Plan funded under the District’s 2010 Measure I bond. The scope of work is not specifically delineated in the plan, however, it is generally understood to include the demolition and reconstruction of the existing 1707-1733 Russell St. Maintenance and Operations facility. The existing buildings are seismically unsafe and were built using unreinforced masonry. Based upon the schedule of work in the plan, it is appropriate to begin planning for this potentially complex project.

In 2009, the District had HKIT Architects develop a program for all maintenance and operations uses on the Russell St. site. The architects then prepared a preliminary schematic design to a level that allowed for initial review by the Board and development of a cost estimate. That initial cost estimate is the basis for the current approved project budget of $15,225,000. In addition to the Russell St. facilities, the District may want to consider options for the entire parcel, including the building at 1720 Oregon St—another seismically unsafe, unreinforced masonry building housing District staff.

Facilities staff is requesting approval of a contract with HKIT Architects to update the programming and conceptual plans for the Plant Operations facilities; consider options for alternative site uses including the Oregon St. portion of the site; and, review entitlement requirements and city approval processes.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Contract award by this action: $31,300. To be paid from Measure I.

STAFF RECOMMENDATION:
Approve contract with HKIT Architects for updated Facility Programming for Maintenance Operations Facility on Russell/Oregon Streets.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        Timothy E. White, Executive Director of Facilities         
DATE:         June 15, 2016
SUBJECT:  Approve a Contract With Dannis Woliver Kelley to Provide Legal Services for the Construction Program

BACKGROUND INFORMATION:
The law firm of Dannis Woliver Kelley (DWK) has provided legal services for the construction program since July, 2003. Staff is recommending that we continue to utilize their services in the next Fiscal Year. They provide legal advice, have represented the District in CEQA matters, have provided litigation support, have provided review of District construction contracts and conducted negotiations with construction bond insurance companies. It is hard to accurately predict the exact cost for such services as it is often reactive.

The requested approval of $170,000 is consistent with the past seven years. That figure should be adequate to handle our needs unless the District has a major lawsuit. 

POLICY/CODE:
Board Policy 3310. 

FISCAL IMPACT:
Cos to be paid from the Bond Funds. Some costs will be in Measure AA and some in Measure I. 

STAFF RECOMMENDATION:
Approve Dannis Woliver Kelly for a not to exceed amount of $170,000.

BERKELEY UNIFIED SCHOOL DISTRICT

BACKGROUND INFORMATION:
Supplyworks formerly known as Clean Source has been a District vendor for the past six years. The District has purchased custodial supplies, had equipment repaired and purchased custodial equipment from that vendor. The request for equipment repair is listed in the contracts page of this Board document. The Board approved a not-to-exceed amount of $260,000 with Cleansource (now Supplyworks) for Fiscal Year 2016.  We are requesting the same amount for Fiscal Year 2017.   

POLICY/CODE: 
Board Policy 3310

FISICAL IMPACT: 
Cost to be paid from the General Fund. 

STAFF RECOMMENDATION: 
Approve Supplyworks for custodial supplies as a part of the Fresno Unified School District Contract #12-22 through US Communities not to exceed $260,000.

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent 
FROM:        Timothy E. White, Executive Director of Facilities 
DATE:         June 15, 2016 
SUBJECT:  Approval to Enter into an Agreement with Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (formerly Western States Contracting Alliance Bid)

BACKGROUND INFORMATION:
BUSD has utilized Grainger Industrial Supply under a State of California NASPO Value Point Contract for the past seven years to purchase a significant portion of our maintenance supplies.  The Board approved a not-to-exceed amount of $150,000 with Grainger for FY 2016.  We are requesting $120,000 for FY 2017.

POLICY/CODE:
Board Policy 3310

FISCAL IMPACT:
Cost to be paid from Measure H

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply for maintenance supplies for an amount not to exceed $120,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent  
FROM:        Timothy White, Director of Facilities 
DATE:         June 15, 2016 
SUBJECT: Award of Malcolm X Building Envelope Rehabilitation Project

BACKGROUND INFORMATION:
On March 12, 2014 the Board approved the yearly Facilities Plan. The original construction budget was $1,470,000 and was allocated to both Malcolm X Elementary to replace paint and stucco and for the painting of Longfellow Middle School. On March 25, 2015 the Board approved to reject all bids and re -advertise the projects separately.The Longfellow Painting project was completed last summer. 

After extensive investigative work was done by Intertek, it was determined that there would be water damage repair needed at Malcolm X Elementary School. The amount of work could not be done in one summer and would require phasing during the school year and temporary housing. On March 9, 2016 the Board approved the budget adjustment of $981,768 and the addition of the temporary housing scope. The Malcolm X Interim Housing was bid and awarded separately on May 18, 2016.

On May 25, 2016, the Malcolm X Building Envelope Rehabilitation Project bid and two contracts were received. The bids included four alternates and two allowances. The lowest apparent responsive bidder is Vila Construction in the total bid amount of $3,328,949, including all four alternates and two allowances. This will require an increase of $800,000.

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

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

STAFF RECOMMENDATION:
Approve Vila Construction to construct the Malcolm X Building Envelope Rehabilitation Project.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Susan Craig, Director, Student Services  
DATE:        June 15, 2016
SUBJECT:  Approval of School Safety Plan for Berkeley High School and Berkeley Technology Academy   

BACKGROUND INFORMATION:
Each California public school must have and maintain an individual Safety Plan at each site.  This plan is a composite of various community, agency, and school resources to ensure proper response to any emergency. All BUSD sites, pre-school through adult school, have a Safety Plan.

All School Site Safety Plans have the following standard components, although individual plans and responses may differ from site to site: 

• Directory of District and City Emergency Contact Information
• List of Safety Team Members
• Emergency Action Plans
• Overview of District and School Site Responsibility for Students to and from School
• Basic Actions for Safety Responses
• Responsibility and Duties for all District Staff
• Procedures for Disaster Preparedness, Emergency Drills and Evacuation
• Crisis Response Team Protocol:
  
  • Intruder Shooting and Hostage
  • Bomb Threats
  • Student Unrest
• Policies and Procedures for:
  • Sexual Assault or Offense to and from School
  • School and After-school Disturbances, Fights, or Assaults
  • Arrest of Student
  • Anti-Bullying Policy
  • Sexual Harassment Policy
  • Hate Motivated Behavior Policy
  • Child Abuse Reporting
  • Suicide Attempt
  • Staff Notification of Dangerous Students
  • Dress Code
  • Campus Supervision
• Selected Rules and Procedures for Student Discipline
• District Suspension and Expulsion Policies
• Exposure and Control of Bloodborne Pathogens
• Implementation Plan
• Structural Assessment and Review 

2016 Safety Plan Goals

All BUSD Safety Plans include the following two District-wide strategies this year and one site-specific goal:

Goal 1: Armed Intruder Preparedness

Strategy: Review the ALICE armed intruder preparedness protocols with all staff and conduct a minimum of two school-wide lockdown drills which incorporate the ALICE protocols during the 2015-2016 school year. Lockdown drills will be conducted during the school day and during the after-school program.

Goal 2: School Climate

1. Strategy: The school will have a process in place through the Coordination of Services Team to identify high needs students and provide targeted support. The COS Team shall meet bi-weekly, at a minimum.
2. Strategy: The school will implement school-wide strategies that support a welcoming and inclusive school community including continued implementation of PBIS and Toolbox (Pre-K – 8) and Restorative Justice (middle and high schools).

Berkeley High School developed additional safety goals related to: timely notification of hate threats to students/staff/parents/guardians, Incident Command Team assignments, creating a plan for safe arrival and departure of students and staff, and ensuring a healthy, non-toxic school environment. 

All sites have completed their Safety Plans and obtained approval from the School Governance Council and/or Site Safety Committee. The District granted the Berkeley High School Safety Committee additional time to develop the goals and strategies for the Safety Plan. A copy of Berkeley High School’s and Berkeley Technology Academy’s Safety Plans has been placed in the Superintendent’s Conference Room for review. 

POLICY/CODE:
Board Policy 3516
Education Code 32280-32289

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the School Safety Plans.

BERKELEY UNIFIED SCHOOL DISTRICT

 TO:               Donald Evans, Ed.D., Superintendent 
FROM:          Pasquale Scuderi, Assistant Superintendent, Educational Services 
DATE:           June 15, 2016 
SUBJECT: Adoption of New Curricular Materials for BHS: AP Computer Science Principles 

BACKGROUND INFORMATION:

The following online course materials were presented to the Board on June 1, 2016 for consideration and are now being recommended for adoption: Blown to Bits. 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:
$0.00 - Courses are online and free of charge

STAFF RECOMMENDATION:
Adopt the new and future editions of the online courses for Berkeley High School AP Computer Science Principles classes.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent 
FROM:       Natasha Beery, Director of BSEP and Community Relations
Patricia Saddler, Director of Programs & Special Projects
DATE:        June 15, 2016
SUBJECT:  2016-2017 Single Plans for Student Achievement 

BACKGROUND INFORMATION:
The Berkeley Public Schools Educational Excellence Act of 2006 (Measure A of 2006) allocates 10.25% of the available revenues annually for School Discretionary Funds:

“The School Governance Council shall develop recommendations to allocate these revenues for the personnel, services and materials required to deliver effective activities leading to improved student performance.” (Section 2.B.i) 

The California Department of Education requires every school participating in school based categorical programs to have a Board-approved Single Plan for Student Achievement (SPSA) that must be revised annually based on current student data. 

The principal at each site worked with School Governance Councils (SGCs) to develop a comprehensive plan for the school, beginning with a review of student data from previous years, with the assistance of the Berkeley Research Evaluation and Assessment (BREA) Office. In addition, SGCs had access to a new District Survey, which consisted of 15 questions (five of them demographic) that focused both on the site LCAP goals and SGC focal questions used annually.  Most sites chose to send the District Survey without further expansion, opting to gather additional community feedback by other means.

After reviewing the District’s goals, each School Governance Council (SGC) then developed an action plan and identified strategies to address school needs, using Federal Title I funds, EIA Carryover funds, BSEP School Discretionary funds, and other resources such as PTA funds.

The centrally allocated positions and programs developed under the three-year Local Control Accountability Plan (LCAP) continued with an additional augmentation to fund counseling and behavioral health priorities, freeing BSEP and Title I site funds for other purposes.

The total budget for these site plans is $2,758,341, of which BSEP Site Discretionary Funds provide $2,434,365. The BSEP funds were provided based on a per-pupil allocation of $235, an increase over the $230 in 2015-16. Enrollment changes meant that some sites received significantly less money to support their plans, while some growing sites received more than in prior years.

In years past, BSEP and PTA school funds were focused on enrichment programs such as field trips and the arts. However, over time, a variety of approaches to school discretionary fund use have developed. At several schools, BSEP monies were largely allocated for enrichment-focused FTE, while at others, the PTA took on the expense of contracts dedicated to art, movement, and grade-level field trips. BSEP and Title I monies have also been combined with LCAP-funded FTE for Literacy Coaches, RtI and EL Teachers, as well as contracts for mental health support, resulting in an array of academic and social-emotional support programs throughout the District. 

Other BSEP resources also provide support for important elements in the School Site Plans. A combination of BSEP Class Size (CSR) and BSEP Professional Development funds contribute 2.75 FTE for elementary RtI teachers and 2.75 FTE for secondary, 4.8 FTE for Middle School Counselors, and 6.0 FTE for ECO courses at Berkeley High.  

At Berkeley High School, the BSEP Site Committee, comprised of the principal, teachers, parents, students, and classified staff, developed the BSEP School Discretionary Fund Plan for 2016-17, which was then reviewed and approved by the School Site Committee (SSC).

Each of the School Plans includes the following components:

• A cover page listing all members of the School Governance Council and signed assurances that all regulations have been followed

• School Vision and Mission

• School Profile

• Comprehensive Needs Assessment Components

• Description of Barriers and Related School Goals

• School and Student Performance Data

• Planned Improvements in Student Performance (goals, action steps, budgets)

• Appendix A – Total Allocations and Expenditures by Funding Source
• Appendix B – Total Expenditures by Object Type

• Appendix C – Total Expenditures by Type and Funding Source
• Appendix D – Total Expenditures by Goal

• Attachment – School Site Budget Summary of BSEP / Title I / LCAP / PTA/Other Resources

The School Plans comply with the basic legal assurances for Title I as well as BSEP/Measure A of 2006. The Plans have been reviewed by the Office of State and Federal Programs and the BSEP Office. The staff believes that each site has an understanding and ownership of its plan and has identified strategies to increase the performance of all students while accelerating the achievement of those who have not been succeeding in school. 

The 2016-17 Single Plans for Student Achievement for the Berkeley Child Development Program, each elementary, middle and high school (and the BSEP Plan for Berkeley High School and the Independent Study Program) were presented to the BSEP Planning and Oversight Committee for review on June 7, 2016.  A summary of all site plans is attached, and a copy of the comprehensive plan and summary will be available in the Superintendent’s Conference Room for public viewing. 

POLICY/CODE:
Education Code 52850-52863
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A) Section 2.B.i. 

FISCAL IMPACT:
Approximately $2,758,341 in BSEP and Title I site funds.

STAFF RECOMMENDATION:
Approve the 2016-17 Single Plans for Student Achievement.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent 
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services 
DATE:         June15, 2016 
SUBJECT:  Out-of-State Travel Request

BACKGROUND INFORMATION:

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

ISTE Conference, Denver, CO  June 26-29, 2016

Approval for Margaret Agbowo, Berkeley Technology Academy teacher, to attend the International Society for Technology in Education (ISTE) Conference. ISTE 2016 features an amazing array of professional learning and collaborative networking opportunities. Attendees can choose from more than1,000 sessions in a variety of formats. Groundbreaking ideas are shared, new learning technologies are unveiled and collaborations form that will impact classrooms everywhere. Registration, transportation, lodging and meals for this training is funded with CTE funding. Requested by: Sheila Quintana.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:            Board Policy Subcommittee 
DATE:        June 15, 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, 9321.1, 9322, and 9323. These bylaws were presented to the Board for first reading on June 1, 2016, and are now being submitted for approval. 

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

FISCAL IMPACT:
N/A

RECOMMENDATION:
Approve Board Bylaws 9321, 9321.1, 9322, and 9323. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Superintendent
FROM:         Timothy White, Director of Facilities
DATE:        June 15, 2016
SUBJECT:      Resolution 16-053 to establish the 2016-17 for the Special Tax: Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010)

BACKGROUND INFORMATION:
The Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H) renews the function of a prior facilities and safety maintenance act (Measure BB of 2000), providing revenues to “maintain school buildings, classrooms, playgrounds, roofs, electrical systems, and address fire and safety hazards.”   

The legislation establishing Measure H of 2010 permits an annual cost-of-living increase in the rate, beginning with FY 2013-14. The annual COLA increase allowed is equal to the annual percentage increase of the State of California statutory inflation adjustment as defined in Education Code Section 42238.1(b) (Para. 3C). 

The statutory cost-of-living adjustment (COLA) based on the District and County Office Financial Projection Dartboard produced by the School Services of California in May 2016 has been determined to be 0.00 (zero), meaning that the tax rate for 2016-17 will not change from the rate in the prior year. 

POLICY/CODE:
Berkeley Schools Facilities and Safety and Maintenance Act of 2010 [Measure H, 2010, Para. 3C]

FISCAL IMPACT:
The revenue for Berkeley Schools Facilities Safety and Maintenance Act of 2010 is projected to be approximately $5,860,404 for FY 2016-17, an increase of about $7,200.

STAFF RECOMMENDATION:
Adopt the approved COLA increase for Berkeley Schools Facilities and Safety and Maintenance Act of 2010 for FY 2016-17.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Josh Daniel, Director
DATE: June 15, 2016
SUBJECT: Resolution 16-055 in Support of a Vote 16 Charter Amendment
 

BACKGROUND INFORMATION:
The School Board unanimously approved a letter in support of AB 2517 on March 23, 2016. AB 2517 would have authorized cities to propose a charter amendment to allow 16 year olds to vote in school board elections.  While AB 2517 did not pass the Legislature, the City is now considering exploring whether to put such a charter amendment on the ballot.

POLICY/CODE:
None

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 16-055 in support of putting a charter amendment on the ballot to lower the voting age for school board in Berkeley to 16.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education 
FROM: Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE: June 15, 2016
SUBJECT: Resolution 16-059 in Support of the Children’s Education and Health Care Protection Act of 2016

BACKGROUND INFORMATION:
The passage of Proposition 30 in 2012 has facilitated a crucial restoration of programs and funding for school districts following the sustained layoffs and program cuts suffered statewide between 2008 and 2011. 

Proposition 30 sales tax revenues sunset in 2016 and the income tax revenues on high-income earners expires in 2018.

Proposition 30 is a temporary tax, made up of two portions—a sales tax increase of one quarter of one percent, raising approximately one-sixth of the revenue, and an income tax increase on wealthy individuals making at least $250,00 per year or families making at least $500,000 per year, raising the other five-sixths of the revenue, totaling billions of dollars.

The District firmly believes that if Proposition 30 revenues are allowed to expire, even in a recovering economy the loss of funding support for public education will likely return schools and colleges to pre-Proposition 30 conditions, forcing layoffs, furloughs, pay cuts and program cuts.

Attached is a Resolution in Support of the Children’s Education and Health Care Protection Act of 2016. Passage of this act would extend the temporary income tax increases on wealthy Californians for an additional twelve years, while allowing the sales tax provisions of Proposition 30 to expire, making this extension of Proposition 30 revenues a purely progressive tax, paid for by taxpayers well able to continue to afford the modest increase, while benefiting all of public education

STAFF RECOMMENDATION:
Adopt Resolution 16-059 in support of the Children’s Education and Health Care Protection Act of 2016.

BERKELEY PUBLIC SCHOOLS

President Leyva-Cutler called the meeting to order at 7:30 p.m. She reported that the Board convened to Closed Session at 6:45 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 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: 

Public Employee Appointment: Principal of Jefferson Elementary School (Government Code Section 549957)

Motion to approve the appointment of Mary Cazden as the new Jefferson Principal:
Alper/Daniels and unanimously approved 5-0.

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

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

Worker’s Comp Claims (Government Code Section 54961)

Claim #120500107

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

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
At the request of Keys, Consent Item 11.2, Ratification of Renewal of Employment Contract for Administrators, was moved to Discussion

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

PUBLIC TESTIMONY
A total of 10 people addressed the Board:

A person commented on the Superintendent’s employment contract.

A parent thanked the Board for approving the Green Dot training scheduled for the summer. 

Two teachers and two parents advocated for proportional staffing.

Two SEEDS representatives shared some of their work at various sites.

A parent commented on the initiatives supported by LCAP. 

A parent addressed A-G completion rates of Black students 

UNION COMMENTS

Cathy Campbell, President, Berkeley Federation of Teachers (BFT)

Campbell expressed of efforts around Restorative Justice practices. She thanked Susan Craig and Judy Appel for their leadership in this work. She asked the Board to give staff direction on middle school counselors now instead of waiting until June to begin hiring. With respect to LCAP, BFT supports the proposals coming forward tonight. She thanked HR for modifying its hiring dates.

COMMITTEE COMMENTS 

Laura Babitt, Chair, Parent Advisory Committee (PAC)

Commented on the need to improve communication between the Restorative Justice Advisory Committee and the PAC. In terms of the LCAP positions, she urged the Board not to approve the use of supplemental funds for positions whose roles and responsibilities are yet to be clearly defined.  

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Daniels reported that during today’s three-hour Policy Subcommittee meeting, participants discussed a policy around communicating our responses to what we’re defining as community-based threats, and a policy on our interaction with law enforcement. He also reported that Albany and other districts are putting forward soda taxes modeled after Berkeley’s. 

Director Hemphill shared that she’s been working closely with BUSD administration on addressing the issues voiced by the community at the December 2015 town hall. She added that the Anti Racism Task Force has been the most amazing task force she’s been a part of. 

Director Appel acknowledged Jesus El from SEEDS for his work. She shared that she accompanied teachers and administrators on a trip to El Cerrito High. It was inspiring to see the way they have incorporated trauma informed teaching practices and Restorative Justice practices. 

President Leyva-Cutler shared a statement on behalf of the Board addressing BCCE members.

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

ACTION ITEMS       

Update on District Wide Efforts and Initiatives for Restorative Justice Practices
Allotted time: 60 min
Actual time: 75 min 

Presenters:
Dr. Susan Craig, Director, Student Services
Sam Pasarow, Principal, Berkeley High School
Eddie Estrada, Restorative Justice Coordinator, Berkeley High School  

Their presentation provided a historical context dating back to 2012 when the Board adopted a resolution in support of Restorative Justice practices in BUSD. This initiative followed the Welcoming Schools curriculum adopted in 2010 and preceded the adoption of Toolbox in 2014. The Broad vision for RJ includes a school community as a holistic ecosystem, leveraging community based-systems and focusing on community building.

At the elementary level, they are proposing continued Restorative Justice supports with PBIS, Toolbox, and Welcoming Schools, as well as continued Restorative Practices at Washington School following a successful pilot there. At the middle schools, where Toolbox has been implemented at the 6^th grade level, and Restorative Justice has been implemented throughout, the proposal is for the Board to approve full time counseling positions with the ability to supervise interns to coordinate Restorative Justice. At the high school level, the recommendation is to maintain the existing supports in the form of restorative circles, youth court program, young women’s support group and RTI in the garden.

Additionally, the Restorative Practices Advisory Committee has broken up into two subcommittees. One is a road map subcommittee that is developing plans for overall implementation of Restorative Practices in BUSD; the other is a matrix subcommittee identifying best practices to bring about desired behavioral outcomes.

Questions and discussion followed.

The Board requested a job description for the counselors, data relative to demographics of participating students, and a report on how restorative justice is impacting BUSDs anti-racism efforts.

Superintendent’s Employment Contract
Allotted time: 15 min
Actual time: 5 min 

Director Appel explained that the terms of this contract have been developed with the Superintendent. The recommendation is a base salary of $248,416 beginning in school year 2016-17 with the removal of the daily salary. This amount is the Superintendent’s current salary with the additional amount negotiated with BFT.

Motion to approve contract as recommended by Appel:
Leyva-Cutler/Appel and unanimously approved 7-0.

Ratification of Renewal of Employment Contract for Administrators
Student Director Keys explained that he pulled this item from Consent because contracts were not attached.

Hemphill said that in the interest of transparency, we bring this item back with the contracts for the public to see.

Hemphill moved to revisit this item and accompanying contracts at the next meeting:
Hemphill/Keys and unanimously approved 7-0.

DISCUSSION ITEMS

Draft of Local Control Accountability Plan (LCAP)
Time allotted: 45 min
Actual time: 81 min

Presenters:
Patricia Saddler, Director, Programs and Special Projects
Maggie Riddle, Director, K-8 Schools 

Directors Riddle and Saddler presented changes in funding, actions and services. There will be a decrease of funding of about $35,000 for current school year and will progressively decrease by $536,889 over the course of time in projected funding. They are proposing an increase of $60,000 for Restorative  Justice, $100,000 for coordination of services, and $100,000 for an intervention counselor at BHS. The intervention counselor was added to engage students in a non traditional way while addressing their needs, and after school academic intervention was a result of conversation with Principals around the best use of funds to target students directly. There are also some proposed reductions in the middle school Bridge and in recruitment and retention in the amounts of $120,000 and $20,000, respectively. With Restorative Practices, the recommendation is to continue existing support. Counselors will be provided with an identified case load and will be overseen by the District. This model will aid in better coordination of the support services, specifically in the area of attendance. There is also a need to clarify the role and responsibilities of proposed positions. They are requesting Board approval to proceed with posting positions.

Based on the Board’s input, staff will bring back some of their proposed positions for action at a subsequent Board meeting.

BOARD SELF-EVALUATION
Superintendent acted as the observer:

• Items were introduced well
• We went over allotted time
• There was mutual respect and civility

ADJOURNMENT
Meeting adjourned at 11:05 p.m.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent   

FROM:          Javetta Cleveland, Deputy Superintendent  

DATE:          June 14, 2017

SUBJECT:     Education Protection Account Spending Plans

 BACKGROUND INFORMATION

The voters approved Proposition 30 on November 6, 2012, which created an Education Protection Account (EPA) in the State General Fund to receive and disburse the revenues derived from the incremental increase in taxes imposed by Proposition 30.

 One of the provisions of receiving and spending funds is the creation of a spending plan that must be approved by the governing board during a public meeting.

 The board approved Resolutions for fiscal years 2012-13 through 2017-18 with the explanation that EPA funds will be used for classroom teachers’ salaries and benefits. However, spending plans were not provided as a separate document.

 Attached are spending plans for FY 2013-14 to FY 2017-18 to ensure we are in compliance with EPA regulations.

FISCAL IMPACT

None

STAFF RECOMMENDATION

Approve spending plans for amounts previously approved by the board.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:          Patricia Saddler, Director of Programs and Special Projects
DATE:         June 15, 2016
SUBJECT:   LCFF Supplemental Funding Plan 2016 – 2019

BACKGROUND INFORMATION:
On May 4^th, staff presented a current draft of the LCAP during a Board Study Session. The version presented this evening has been revised in consideration of comments and perspectives provided by the Board, the Superintendent’s Cabinet and stakeholder groups, including the Parent and Educators Advisory Committees.

The state-mandated LCAP template is divided into these three sections that is accompanied by an appendix which contains supporting research, financial and analysis by action and service as well as a data source collection timeline:

1. Stakeholder Engagement;

2. Goals and Progress Indicators; and 

3.  Actions, Services, and Expenditures (A) for all pupils, ethnic subgroups, and students with disabilities, and (B) specifically for low-income students, English learners, and foster youth, including (C) a justification of the expenditure of supplemental funds for district-wide services, and (D) a calculation of the amount by which the district must improve or increase services for low income students, English learners, and foster youth beyond what is currently being offered.

Highlights of Stakeholder Engagement
Input and advisement from Stakeholders including the Parent Advisory Committee (PAC), District English Learner Committee (DELAC) and the Educators Advisory Committee (EAC) was aligned with the district’s prioritization of the LCAP funded actions and services. These actions and services are intended to meet the academic and social-emotional needs of the students in BUSD in order to ensure that they will graduate with the skills and knowledge necessary to be prepared for college and /or career upon graduation from high-school.  The stakeholders were provided with on-going data and program updates for each action and service. The stakeholders provided valuable viewpoints, feedback and insights beyond the actions and services of the current LCAP.  Committee members shared some very useful ideas to reach more students and families who may not be engaged at their child’s school site.  The PAC Comments included a request for Administrative vs. Direct Services, this chart is provided as Appendix A.

Summary of Growth
For each goal, the tables below show demonstrated growth on the prioritized measurable outcomes / metrics that align the accountability measures at the state and federal levels.  Metrics were provided by the CDE State Board of Education and were derived by and expected from the LCFF and the Every Student Succeeds Act in addition to Prioritized internal outcomes. These expected metrics are provided side by side in Appendix B.  For those outcomes that are State and Federal Metrics, they do not currently provide a column titles “Unduplicated” so Socio-Economically Disadvantaged and English Learners are split in the metrics as they show growth. For local priorities, the “Unduplicated number is included”.  Please note that all 2015-16 are preliminary scores and are only in the document if the subgroup reported as of June 8^th is greater than 80% of the population served.  Each set of metrics is divided by the large district goal with a qualitative summary of successful actions / services listed below the goal.  To see the full actions and services crosswalk, refer to Appendix D in the LCAP.  Finally, below each goal’s table, you will find reference to the attributing actions and services lending to the growth areas.  

Goal 1: Provide high quality classroom instruction and curriculum that promote college and career readiness with academic interventions in place to eliminate barriers to student success.

Goal One Actions and Services: LCFF supplemental actions / services in Goal One attributing to the metric growth in English Language Arts and in meeting UC/CSU requirements include:  K-8 Response to Intervention and Instruction (RTI²⁾ services; Literacy Coaches; Math Coaches; Super Science Saturdays; AVID, the High-School Bridge program and the BHS Intervention Counselor.  The Middle School Bridge program for students in Grades 7 and 8 did not show progress on multiple measures, as such, it was recommended for reduction as described further on in this document. 

Goal 2: End the racial predictability of academic achievement by ensuring that all systems are culturally and linguistically responsive to the needs of our students.

Goal Two Actions and Services:  The LCFF supplemental action / service  attributed to the metric growth in attracting and retaining Teacher of Color.  The consultant to recruit and retain teachers of color was hired in November 2015.  She did a lot of meaningful work in the first few months to meet with teachers, administrators, and district leaders to understand the circumstances that led to the development of this position while analyzing historic demographic data of teachers and students. By learning about what it is like to be a teacher of color in Berkeley, collaborations across different entities with the district are being formed to focus on retaining teachers of color.  There has been more recruiting happening at various hiring fairs and a more concerted effort to maintain better communication with candidates to maintain a large interview pool with many candidates of color to increase the number of teachers of color we ultimately hire. The National Equity Project (NEP) Plan to Recruit and Retain Teachers of Color contributed to hiring practices and the increase in the hiring of African-American and Latino teachers.

In addition, the Goal 2 LCFF actions and services for English Language Learners supported the increased reclassification rate.  The preliminary district data exceeded the reclassification rate goal.  BUSD has a higher reclassification standard than other local school districts. State research suggests that the state standards for reclassification are too low to truly allow English Learners the access to academic English.  By having a higher threshold for reclassification and providing quality direct services, teacher coaching, and Academic Language Development (ALD) classes at BHS, our students are better able to transition from ELD to general education classes.  In addition to the services contributing to reclassification, LCFF supplemental funding provided English Language Development (ELD) Teachers and the ELD District Teacher on Special Assignment for the sites.  These teachers as well as the Equity Teacher leaders participated in the LCFF supplemental funded Professional Learning Communities (PLC) to assure there was a focus on English Learners and implementation of Equity Practices for teachers in the classroom. 

Goal 3: Ensure all school sites have safe, welcoming and inclusive climates for all students and their families, so that all students are in their classes ready to learn.