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 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Timothy White, Director of Facilities
DATE:        January 25, 2017
SUBJECT:    REALM Charter High School's Request for Extension of Lease Agreement for West Campus

BACKGROUND INFORMATION:
The Renovation and Modernization of elements of the West Campus complex were approved by the Board on January 11, 2017 as a part of the Measure I Bond Program Reallocation Plan. The work on West Campus includes an important element of creating a space for transitional housing for a number of upcoming school site projects, including Berkeley High School Theater Building A and Oxford Modernization.  The proposed scope of this project is to upgrade and modernize spaces not currently being used including the central girls’ gym, locker Rooms, unfinished performing arts classroom, and the auditorium.  

Facilities staff is currently working with architects on a preliminary scoping study for the modernization and use of West Campus.  Staff will return to the Board with further project definition and packaging when this study is complete.

To prepare the West Campus, staff anticipate hiring an architect of record and preparing plans to be submitted to the Division of State Architect for approval.  It is our goal to have then plan submitted to DSA in the fall of 2017.  Upon DSA approval, we anticipate being able to bid the project in February or March 2018.

In order to meet timelines on projects such as the modernization and renovation of Oxford Elementary, which will require transitional housing, we will need to start construction on the West Campus spaces during the Spring of 2018.  Construction at the West Campus will create significant impacts on any potential occupancy by students and staff in the existing classroom areas.  Facilities staff recommends that the Board not extend existing facility lease with REALM Charter High School on the central classroom and support space areas at West Campus. 

FISCAL IMPACT:
REALM Charter High School has an existing one-year lease agreement with the District for $3 per square foot in the amount of $93,978. REALM Charter High also has a memorandum of understanding with the District for their share of maintenance and operation cost of approximately $180,000 annually. REALM Charter school has offered to increase the lease, maintenance and operation cost by 6% for a lease extension.  Loss of potential revenue during 2017-18 due construction and use of West Campus location. 

STAFF RECOMMENDATION:
Accept this information and not extend REALM Charter High School’s current lease agreement which ends June 30, 2017.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D.
FROM:       Natasha Beery, Director of BSEP and Community Relations;
BSEP Planning and Oversight Committee
DATE:        January 25, 2017
SUBJECT:  Annual Report of Revenue and Expenditures in FY 2015-16 of the Berkeley Public Schools Educational Excellence Act of 2006 (BSEP/Measure A)

BACKGROUND INFORMATION:
In compliance with The Berkeley Public Schools Educational Excellence Act of 2006 (BSEP/Measure A), the District makes available to the Planning and Oversight Committee an Annual Report of the revenues generated by the BSEP Measure, and the expenditures of the revenues for each Fiscal Year. 

The Planning and Oversight Committee has reviewed the Annual Report for FY 2015-16, and hereby provides this report to the Board of Education on the District’s compliance with the conditions of this Measure. 

All BSEP revenue from Measure A of 2006 is deposited, monitored and expended through the BUSD accounting system (QSS) in Fund 4 which is accounted for separately from the District’s General Fund (Fund 1).

BSEP Fund 4 revenue is allocated to each of the purposes delineated in the BSEP Measure in separate and distinctly coded Resources in accordance with the percentages specified by the measure[1].

The attached Annual Report provides a brief description of the status of projects funded through BSEP, followed by the revenue and expenditures of each Resource of Fund 4 at the closing of Fiscal Year (FY) 2015-16. 

Resource Code     Purpose                                                   Percentage

0854                    Public Information & Translation             2.00% of net

After 2% of net revenue is allocated to Resource 0854, 100% of the available revenues[2] are allocated to the following purposes and deposited in restricted accounts.  

0841                    Class Size Reduction                               66.00%

0852                    School Site Discretionary                         10.25%

0853                    Music, Visual and Performing Arts            6.25%

0857                    Parent Outreach Services                         1.25%

0860                    School Libraries                                         7.25%        

0855                    Professional Development                        9.00% (shared

0856                    Program Evaluation                                  by these three

0862                   Instructional Technology                          resources)

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A)

FISCAL IMPACT:
In FY 2015-16, BSEP Measure A of 2006 provided 18% of the District's combined General Fund revenue, in the amount of $25,561,027. 

STAFF RECOMMENDATION:
Review and accept the Annual Report of 2015-16 BSEP Revenue and Expenditures from Measure A of 2006.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Assistant Superintendent Educational Services
DATE:           January 25, 2017
SUBJECT:      New Textbook for Consideration-Berkeley High School Photography

BACKGROUND INFORMATION:

The following textbook will be presented to the Board on January 25, 2017 for consideration.

Description: The Digital Photography Complete Course, published by Dorling Kindersley,  is the latest version of the renowned textbook used by many school districts and universities to teach photography. The sturdy hard-cover edition should last for many years as a classroom set of 35 copies. Crammed with helpful color illustrations, this book is an excellent resource for the teacher who has large classes with students at different levels. "Challenged" readers will become engaged by this textbook’s great visuals and color images as they to understand the complexities of digital photography. 

Digital Photography Complete Course will help students build their photography skills step-by-step, with an independent photography course that guides students through every aspect of digital photography.  Digital Photography Complete Course uses a combination of tutorials, step-by-step demonstrations, practical assignments, and Q&As to help you understand and use your camera to the max. With the aid of helpful text and innovative graphics in Digital Photography Complete Course, students can explore a wide range of genres: Find out how to create landscapes, still-lifes, portraits, and action shots as you discover the full range of their camera and learn how to take professional-looking pictures.

 Additional Details:

• ISBN #: 9781465436078
• Dorling Kindersley New Accounts Phone # 866-761-6685
• Format: Hard-cover
• Textbook Link: https://www.dk.com/us/9781465436078-digital-photography-complete-course/

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$35/ times 35 copies = $1225.00 (less anticipated educational sales 25% discount) = $918.75

STAFF RECOMMENDATION:
Adopt the new textbooks for Berkeley High. 

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         January 25, 2017
SUBJECT:   Overnight Field Trips

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Mosaic Project Camp, Napa, CA, May 15-19, 2017
Approve participation of 41 fourth-grade students, 2 teachers and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 15th and return at 3:30 p.m. on Friday, May 19, 2017. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds.  Michael’s Transportation and District buses will provide transportation.  The cost of $300.00 per student will be paid by a PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Mosaic Project Camp, Napa, CA, May 22-26, 2017
Approve participation of 40 fourth-grade students, 2 teachers and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 22nd and return at 3:30 p.m. on Friday, May 26, 2017. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds.  Michael’s Transportation and District buses will provide transportation.  The cost of $300.00 per student will be paid by a PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Petaluma Adobe Historic State Park, Petaluma, CA, February 21-22, 2017
Approve participation of twenty-two fourth grade students, one teacher and five other adults from Cragmont Elementary School on a two-day, one-night field trip to Petaluma Adobe Historic State Park and Sonoma Mission.  The group will depart Cragmont Elementary at 9:00 a.m. on Tuesday, February 21st, and return at 11:30 a.m. on Wednesday, February 22nd, 2017.  Students will participate in a living history program, experiencing examples of life and activities from the California Rancho Period. BUSD will provide transportation.  Students will sleep in supervised, gender specific areas in the Fandango Room. The $1,500 cost for this trip is being paid from parent donations.  No student will be denied access based on inability to pay.  Requested by, Hazelle Fortich, Cragmont Principal.

Mingus Jazz Festival, New York, NY, February 17-20, 2017
Approve participation of seven students in combo A, one teacher, and two other adults from Berkeley High School’s combo A class, on a four-day, three-night field trip to the Mingus Jazz Festival at the Manhattan School of Music.  Parents will escort their student to the San Francisco International Airport at 10::00 a.m. on Friday, February 17^th for a direct flight to Newark, NJ. Parents will meet their student at the San Francisco International Airport upon their return at 2:30 p.m. on Monday, February 20, 2017. Combos play music composed and arranged by students. .  Students will stay in supervised, gender specific rooms at Hotel Aloft Harlem. The cost of the trip is approximately $3500 and is being paid with BHS Jazz Association funds and the parents. No student will be denied access based on inability to pay. Requested by Erin Schweng, interim BHS principal.

POLICY/CODE
Education Code 35330
Board Policy 6153

FISCAL IMPACT
As indicated above.

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

BERKELEY UNFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Javetta Cleveland, Deputy Superintendent and Jay Nitschke, Director of Technology
DATE:          January 25, 2017
SUBJECT:    Approval to Replace Powerschool and Contract with IlluminateEd ISI as the District’s Student Information System 

BACKGROUND INFORMATION:
Berkeley Unified, under the guidance of the Technology Department, has been using PowerSchool as its Student Information System (SIS) since 2008-09, when BUSD transitioned from SASI which was discontinued by its provider. A SIS provides the database to access and store demographic information, grades, attendance, discipline information for student records, average daily attendance (ADA) reporting and CALPADS reporting to the State. It also forms the basis of many reports generated by school and district staff, from report cards and transcripts to complex reports on discipline or attendance.

Student Information Systems are a completely different product than an Assessment Systems. After the passage of Measure B of 2004, with the availability of BSEP funds for assessment, the District’s first assessment database was a product call DataWise. Five years ago, led by Berkeley Research, Evaluation and Assessment team (BREA), the District transitioned from DataWise to Illuminate’s DNA product for assessment information.

Both transitions (SASI to PS; DW to Illuminate) were successful, in large part because the new products offered useful new features and more user-friendly improvements.

Assessment Systems and Student Information Systems continue to be separate products, though there has been a natural desire by the vendors to have competitive entries in both markets. Over the last two and a half years, the Technology Department has kept watch over IlluminateEd’s SIS product, known as ISI. This included providing specifications for new features required by the District that were incorporated into the product, especially in the area of discipline reporting.

One of the key products of any SIS is the gradebook. For several years, Berkeley Unified and other districts have been urging PowerSchool to write a gradebook that would run on Chromebooks. In the 2015-16 school year, PowerSchool announced that it was launching a Chromebook-friendly gradebook by the end of the summer, in time for the 2016-17 school year.

Unfortunately, the Chromebook gradebook from PowerSchool was a failure, and teachers implored the District to find a solution. Illuminate’s SIS product (called ISI) does have a fully-functional Chromebook gradebook. Several sessions with Illuminate and various district and school staff were held this fall to assess the overall suitability of ISI by users of PowerSchool. These sessions included discussions with the teachers union about the transition to the Illuminate gradebook, and secondary administrators and others regarding master scheduling, reports and typical uses.

Staff believe that transitioning to the IlluminateEd’s ISI product for 2017-18 will provide substantial benefits for the district. These benefits include:

1. There will be a single logon to all student data — no need to look in PowerSchool for some information and Illuminate for other information. Illuminate DNA and ISI are integrated together with one login.
2. The Illuminate gradebook is robust, and (unlike PowerSchool) is fully functional on Chromebooks and operates the same as it does on a Mac or Windows laptop or computer.  This allows teachers more flexibility in what device they use to access the gradebook.
3. Illuminate districts have been certified by the state to verify attendance electronically. After Berkeley transitions to ISI and the State certifies BUSD, teachers will not have to sign attendance sheets each week as they do now, and school attendance personnel will not have to generate the many pages of attendance printouts.
4. The Illuminate Parent Portal is more robust than the PowerSchool portal, and will enhance family communication.
5. Assessments in Illuminate DNA appear in the Gradebook without additional teacher work, unlike the cumbersome import required to move assessment data into for PowerSchool.
6. Illuminate ISI has novel tools to allow staff, for instance, resource teachers or intervention counselors, to monitor certain groups of students in a way impossible to do in PowerSchool.
7. Illuminate ISI has an integrated registration portal that can be used by the Admissions Department to speed parent registration and provide emergency card information, and reduce parent time standing in line at the district office.
8. Elementary school teachers currently use Illuminate to produce report cards, and have since the 2014-15 school year.

Planning for the transition is already in place. A workgroup of teachers in secondary schools will pilot the gradebook in the spring of 2017 to be able to provide leadership for professional development in August and October 2017. Illuminate staff will be working with both certificated and classified staff onsite in both May and August.

From an ongoing cost standpoint, PowerSchool and Illuminate costs are almost exactly the same. (See attached contract) One-time costs for the transition total $42,500 for training, most of which will occur in fiscal year 2016-17.  One-time money already assigned to the technology budget will be able to fund $25,000 of these expenses and base grant funding will need to contribute $17,500.

POLICY CODE:
Ed Code 49550 

FISCAL IMPACT:
One-time costs of $42,500 in spring 2017 of which $17,500 is needed from the base grant and the balance will be funded from the existing technology budget. Ongoing costs are equivalent to existing PowerSchool annual expenses. 

STAFF RECOMMENDATION:
Approve the contract for illuminateEd ISI as the District’s Student Information System beginning in 2017-18.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent          
FROM: Pasquale Scuderi, Assistant Superintendent, Ed. Services
DATE: January 25, 2017
SUBJECT: BHS Bridge Program Grant Proposal to the City of Berkeley

BACKGROUND INFORMATION
Berkeley High Bridge, originally known as “Summer Bridge”, originated in 2010 as part of the 2020 Vision for Equity, a plan with the City of Berkeley, BUSD and the Berkeley community to better serve all Berkeley students, specifically underserved students. The program has evolved from a summer enrichment class to a four-year academic skill building and college preparation program, which includes academic tutoring, Saturday workshops, college field trips, summer enrichment sessions, college test preparation, parent workshops and career awareness. While student support, monitoring, case management, and family communications are constants throughout the four-year cycle, the program emphasizes particular areas at each grade level along a progression parallel to the college pathway. Our mission is to have more low income first-generation students make an academically successful transition from middle school to Berkeley High and from Berkeley High to college.

The BHS Bridge program received a two-year Berkeley City grant for the 2013-2014 and 2014-2015 school year for $54,000 each year, which partially funded the Berkeley High Bridge program by providing a .3 FTE for the Cohort 3 Berkeley High Bridge teacher and a .2 FTE for a Berkeley High Bridge Coordinator. The Coordinator shoulders significant planning responsibilities for all four cohorts, such as recruiting new cohorts, organizing parent meetings, recruiting tutors, writing grants and arranging field trips and team building activities. For 2015-2016 and 2016-2017 school years, these positions were funded through LCAP.

In 2014, the BHS Bridge Coordinator wrote a grant proposal to the City of Berkeley requesting renewed and increased funding in alignment with the 2020 Vision Initiative for Berkeley’s Children and Youth. The total amount applied for was $76,330 each year, which accounts for a total of  .2 FTE for outreach for Bridge graduates in college, Bridge Mentor funding, college test and application materials and preparation, materials and supplies not provided for by the District and team-building activities and college field trips. BHS Bridge was awarded $54,000 each year, the same amount awarded the past two years.

January 5, 2017, the BHS Bridge Coordinator applied for a two year Berkeley City grant for 2017-2018 and 2018-2019 in support of agencies in alignment with the 2020 Vision Initiative for Berkeley’s Children and Youth. The total amount applied for was $200,000 ($100,00 for each year). If received, this funding will be used to support: (a) Bridge Mentor funding; (b) college test preparation; (c) college application and testing fees; (d) college field trips and annual Junior Leadership retreat; (e) team building costs; (f) graduation activities and reunions; (g) materials and supplies not provided for by the District; (h) post graduate communication and support; and (i) costs associated with building a new Bridge Career Network Program, a career-focused speakers’ series for students. This program will expose Bridge students to successful professional role models who will relate their story and provide constructive tips so students recognize there are many viable career paths they can explore. 

For data on the BHS Bridge Program, please see attached document.

POLICY/CODE
Not applicable. 

FISCAL IMPACT
Approximately $100,000 in targeted funds

STAFF RECOMMENDATION
Approve the Bridge grant proposal for Berkeley High School 

BHS Bridge Data for Graduating Cohorts

BERKELEY UNIFIED SCHOOL DISTRICT

FROM:  Beatriz Leyva Cutler, Judy Appel and Petra Silvey
TO:  Board of Education
DATE:  January 25, 2017
SUBJECT:  Resolution 17-050 Reaffirming Our Commitment to the Education of All Children and Making all BUSD Campuses a Safe Zone for Students and Families Threatened by Immigration Enforcement

BACKGROUND INFORMATION:
On December 7, 2016 the Board approved Board Policy 5111.3 Protection of Undocumented Students. The Board formed a committee comprised by Board members and stakeholders to draft a resolution that reaffirms our values and commitment to the safety of our students. 

POLICY/CODE:
BP5111.3

FISCAL IMPACT:
N/A

BOARD MEMBER RECOMMENDATION:
Approve Resolution 17-050 Reaffirming Our Commitment to the Education of All Children and Making all BUSD Campuses a Safe Zone for Students and Families Threatened by Immigration Enforcement.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         January 25, 2017
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. Bay Area Community Resources, to provide counseling services for Malcolm X Elementary School for the period from 1/1/17-6/30/17.  The cost will not exceed $12,000. To be paid from LCAP Supplemental Fund. Requested by Pat Saddler.
2. The Reading & Writing Project Network, LLC, to provide on-site professional development in TCRWP Elementary curriculum for Educational Services Department on January 30, 2017. The cost will not exceed $27,000. To be paid from Educator Effectiveness Grant. Requested by Pasquale Scuderi.
3. Exploring New Horizons, to provide an outdoor education program at the Sempervirens Campus in Boulder Creek, California for the Berkeley Arts Magnet students for the period from 2/6/17-2/10/17. The cost will not exceed $24,794. To be paid from Restricted Donations. Requested by Rene Molina.
4. City of Berkeley, as a matching fund by BUSD, for the requirements of RFQ No. 17-11093-C including the Scope of Services to support 2020 Vision & Beyond for the 2016/17SY. The cost will not exceed $45,000. To be paid from General Fund. Requested by Pat Saddler.
5. Increase in contract, PO 170021, to One Source Engineering, to provide boiler services as need for the Maintenance Department for the 2016-17 SY. The Board approved $130,000 on December 7, 2016. The additional amount will increase the cost by $30,000 for a total amount of $160,000. To be paid from Measure H. Requested by Steve Collins.
6. Increase in contract, PO 170028, to Bay Cities Pyrotector, to provide fire system inspections and services as needed by the Maintenance Department for the 2016-17SY. The Board approved $70,000 on June 15, 2016. The additional amount will increase the cost by $30,000 for a total amount of $100,000. To be paid from Measure H. Requested by Steve Collins.

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

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

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702

510-644-6206 
Official Minutes
January 11, 2017 

President Alper called the meeting to order at 7:36 pm. He reported that the Board convened to Closed Session at 6:00 pm.

Roll Call
Board of Education:
Ty Alper, President – Present,
Josh Daniels,  Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Judy Appel, Director – Present
Petra Silvey, 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
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Alper reported out on closed session:

Public Employee Appointment—Director of Human Resources (Government Code Section 54947)

Motion to approve the appointment of Brent Daniels as the Director of Human Resources:
Alper/Daniels and unanimously approved 5-0.

Conference with Legal Counsel—Pending Litigation (Government Case 54956.9(a))
OCR Case #09-15-1095
The Board heard an update; no action was taken. 

Consideration of Student Expulsion (Ed. Code Section 48918 (c))
Case #161713110700

Motion to accept staff recommendation to enter into an agreement with the student to resolve this issue:
Appel/Hemphill and approved 3-0
Ty Alper, President – Yes
Josh Daniels, Vice President – Abstained
Beatriz Leyva-Cutler, Director/Clerk – Absent
Karen Hemphill, Director – Yes
Judy Appel, Director –Yes

Public Employee Discipline/Dismissal/Release (Government Code Section 54957)
The Board will reconvene following the open session to discuss this matter in closed session. 

Superintendent’s Evaluation (Government Code Section 54957)
The Board will reconvene to closed session to discuss this matter following the open session. 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Director Hemphill,  consent item 11.7 was pulled for action.
Motion to approve agenda as amended:

Silvey/Daniels and unanimously approved 7-0

PUBLIC TESTIMONY
A total of 15 people addressed the Board:

Seven BHS parents spoke in support of Principal Pasarow.

Three people addressed the Board regarding overcrowding at elementary sites.

A BHS teacher addressed the Board regarding student questioning.

A community member thanked Director White for his solution for the BHS tennis courts and parking.

Two SHAC representatives commented on the expulsion AR. 

A community member addressed the facilities plan.

At the request of President Alper and with no objection, consent item 11.15 was moved to action. 

UNION COMMENTS

UBA President Janet Levenson voiced her concern regarding the removal of Principal Pasarow without transparency.

COMMITTEE COMMENTS

The Berkeley PTA Council presented the Board a copy of a petition regarding the BHS principal situation containing over 300 signatures.

Bond Oversight Committee member Stephanie Allen commented in support of the proposed facilities plan on tonight’s agenda.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler will hold office hours this Thursday. She announced that she and Appel were elected as CSBA delegate reps for District 14. 

Vice President Daniels reported that the State Board of Education met today to discuss a new accountability system. They will be transitioning from API to a multiple measures approach. School districts will have access to a rating system in February and the public will be granted access in September.

Director Hemphill will hold a second set of office hours on January 28 at café Leila. She will hold February office hours on the third Saturday.

Director Appel commended Deputy Superintendent Cleveland on her great management of the District’s finances. She will hold office hours along with Director Hemphill on January 28. 

Superintendent Evans thanked the parents for coming out tonight to voice concerns regarding the schools. 

President Alper also thanked members of the community for coming to the meeting and speaking during public comment.  He congratulated and thanked Deputy Superintendent Cleveland for her dedication to the District. He also congratulated teachers Carol Dorf and Brook Pessin-Whedbee on their newly published books.

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

DISCUSSION ITEMS

Update on Consideration of Developer Fees
Allotted time: 15min
Actual time: 16 min

Director White reported that he has met with the City Manager and the developer community to better inform how to proceed with collecting developer fees. The recommendation is that the Board approve the $3.38 per sq. ft. They do not recommend the application of the sliding scale fee. This item will come back for approval at a subsequent meeting. Questions and discussion followed. 

ACTION

Approval of Measure I Facilities Reallocation Plan

Director Appel explained that she pulled this item to ask the committee to also consider questions around the King auditorium. Questions and discussion followed. 

Motion to approve:
Appel/Daniels and unanimously approved 7-0. 

DISCUSSION

Update on Implementation of Board Policy re Protection of Undocumented Students
Allotted time: 20 min
Actual time: 7 min

Assistant Superintendent said that the newly adopted policy for the protection of undocumented students has been reviewed with K-5 principals who are clear that any request from ICE for access to campus or student info comes immediately to the Superintendent. The policy also clearly directs staff to not request a social security number for nutrition services or admissions. With respect to next steps, he will strategize with principals around best practices for communicating with teachers. Questions and discussion followed. 

Resolution 17-050 Reaffirming Our Commitment to the Education of All Children and Making all BUSD Campuses a Safe Zone for Students and Families Threatened by Immigration Enforcement
Allotted time: 20 min
Actual time: 13 min 

Director Leyva-Cutler thanked those who contributed to drafting this resolution. Because of the break, much of the collaboration happened virtually. We have the flexibility to revisit this resolution as we move forward. She stressed the importance of distributing this resolution as widely as possible.

Director Appel added that there was some conversation around whether or not to have this resolution be broader to include other groups who are at risk of being targeted by the incoming administration. At this time, they felt that a resolution that more closely accompanies the newly adopted policy was most appropriate. 

President Alper thanked Directors Leyva-Cutler and Appel for their work on this resolution. He added that had this been up for approval tonight, he would have voted for it as is. He suggested that SF Board of Supervisors’ resolution be considered as a model. This resolution will come back for approval at the January 25 Board meeting.

Board Policy Priorities for 2017
Allotted time: 20 min
Actual time: 12 min

Vice President Daniels said that there is an extensive list of policies to be addressed. This is an opportunity to prioritize and focus on additional policies.

Deputy Superintendent suggested adding a policy for District reserves.

Director Appel requested adding wellness policies.

Director Hemphill requested adding a policy for the support of suspended students.

Director Leyva-Cuter requested adding a policy on interviewing students.

Student Director Silvey requested adding a mental health policy. 

President Alper congratulated Vice President Daniels on his election as Chair of the Policy Subcommittee.

ACTION ITEMS

Approval of First Interim Budget Report got the Period Ending October 31, 2016

Motion to approve:
Daniels/Keys and unanimously approved 7-0. 

Approval of Overnight Field Trips
Hemphill explained that she pulled this item after a parent raised some concerns regarding over night trips with particular non profits.

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

ADJOURNMENT

President Alper adjourned open session at 9:43 p.m. The Board reconvened to closed session. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Javetta Cleveland, Deputy Superintendent
DATE:        January 25, 2017
SUBJECT:    Notice of Violation for REALM High and Middle Schools

BACKGROUND INFORMATION:
Staff is asking the Board to consider and approve a Notice of Violation to REALM Charter Middle School and REALM Charter High School on the following grounds:

• Failure to Follow Generally Accepted Accounting Principles and Fiscal Mismanagement (Education Code section 47607(c)(1)(C))
• Violation of terms of the Charter (Education Code section 47607(c)(1)(A))
• Violation of conditions of December 9, 2015 renewal

The process for a Notice of Violation is as follows:

First, the District issues a Notice of Violation which must be approved by the Board in open session, and a copy of the Notice and supporting documentation must be provided to REALM at least 72 hours before the meeting.

Second, the District must give REALM a period in which to remedy the violations.  The Ed. Code does not require a particular duration.  Staff recommends that the remedy period end July 1, 2017, the date that the Charter Schools’ adopted budget is due.

Third, the District evaluates REALM’s response to the Notice of Violation.  If REALM has not remedied the violation, Staff would bring to the Board a Notice of Intent to Revoke for consideration and action. 

Fourth, the Board would have to hold a public hearing on the revocation within 30 days of the Notice of Intent to Revoke, and make a decision within 60 days.

Fifth, if the Board revokes, REALM would still have the right to appeal to the revocation to the County Board, and if needed, the State Board of Education.

The Notice of Violation is based on the following, with respect to REALM Charter Middle School and REALM Charter High School

• Fiscal mismanagement
• Failure to maintain positive ending fund balance
• Failure to avoid deficit spending
• Failure to make sufficient budget cuts to avoid chronic deficit spending
• Failure to maintain adequate cash flow.

The District provided REALM a copy of the Notice of Violation, with exhibits, on January 20, 2016. See attached Notice of Violation with exhibits.

STAFF RECOMMENDATION:
Approve the Notice of Violation to REALM Charter Middle School and REALM Charter High School. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Superintendent
DATE: January 25, 2017
SUBJECT: 2017 Nomination to the California School Board Delegate

BACKGROUND INFORMATION:
The California School Boards Association (CSBA) is a collaborative group of virtually all of the state's more than 1,000 school districts and county offices of education. It brings together school governing boards and their districts and county offices on behalf of California's children.

CSBA members elect representatives from 21 geographic regions. Alameda County is Subregion 7-B and there are four vacancies in our region.

California School Board Directors are eligible to vote in this election. The Board as a whole may vote for up to the number of vacancies as indicated on the ballot. Regardless of the number of vacancies, the Board may cast no more than one vote for any one candidate. The ballot also contains a provision for write-in candidates: their name and district must be clearly printed in he space provided on the ballot.

Election results will be posted on CSBA's website on April 1, 2017.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and vote for eligible CSBA candidates. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM: Donald Evans, Ed.D, Superintendent
Pasquale Scuderi, Assistant Superintendent
DATE: January 25, 2017
SUBJECT: BHS Redesign: Question for Board Members Prior to 2/15 Special Meeting

In the Spring of 2015, a group of teacher leaders, inspired by an educational lecture from Linda Darling Hammond, proposed to pursue the redesign of Berkeley High School. The purpose of this proposal was to solve the following problem: The current structure of BHS was not created intentionally to meet the needs of all students. The current structure is also in several ways not aligned to what a broad body of research tells us regarding effective high school design. Efforts to redesign the general program at Berkeley High have continued with diligent involvement from the many stakeholders on the redesign team since that time and that work is at present culminating in a proposal for high school redesign intended for implementation in the fall of 2018.

As a result of budget realities, the redesign team and district staff has had to work through revisions and distillations of the  original proposal in favor of a plan that is more affordable at present, but is nevertheless strongly supported by the research and accomplishes many of the goals set forth by the redesign team at the outset of their work. It is also not mutually exclusive with a more sweeping redesign of the school at a later date. At the January 25 meeting, staff will present an outline of the current iteration of the redesign plan, along with a preliminary explanation of funding streams best positioned to support it financially.  

On February 15, 2017, we are conducting a special Board meeting to discuss the proposed redesign.  Our goal is to emerge from that meeting with a sense of the Board, i.e., whether to proceed with specific planning of this proposal, or not.  If the Board approves the current redesign proposal in principle on February 15, we will return to the Board for a first reading in May, and a second reading and final approval in June, which will enable us to implement the plan for the Fall of 2018.

The purpose of the discussion at the January 25 meeting is not to have a discussion of the redesign plan or have Board members' questions answered. Instead, during the time we have allotted for discussion at the 1/25 meeting, staff is asking that each Board member answer the following question: “What do you need to know in order to determine your level of support, at the Feb. 15 special meeting, for the current redesign proposal?”   Staff will compile the answers to this question and will work with the redesign team to provide the requested information no later than February 8, 2016.   This information will be made available to the public via the internet (and in hard copy if requested) at the same time it is provided to the Board, i.e., by February 8.

District staff and the redesign team will be present and available to answer clarifying questions at the Feb. 15 special meeting, but the primary purpose of the meeting on the 15th will be for the Board members to discuss the proposal, and state their level of support for the proposal, so staff has clear direction about how to proceed in order to have a final Board decision by mid-June.

To summarize, the proposed timeline is as follows:

January 25:

Board hears presentation on current iteration of redesign proposal; Board members provide their answers to this question:  “What do you need to know in order to determine your level of support, at the Feb. 15 special meeting, for the current redesign proposal?”

January 25-February 8:

Staff works with redesign team to compile and present the information requested by the Board.

February 8:

The requested information is posted on the BUSD website and provided to the Board.

February 15: Special meeting at which Board members discuss the proposal and state their level of support for it.

* If the Board expresses its desire to proceed with the redesign plan, the first reading of the redesign plan will be at the May 17 meeting, with final Board approval slated for June 14.  Approval by June 14 will allow for the redesign to be implemented in time for the start of the Fall 2018 school year.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM:   Pasquale Scuderi, Assistant Superintendent, Educational Services
Maggie Riddle, Director TK-8 Schools
Michelle Sinclair, Coordinator for Professional Development
DATE:    January 25, 2017
SUBJECT:      Update on Middle School Language Arts Curriculum Adoption

BACKGROUND INFORMATION:
Recognizing that strong teaching and effective teacher collaboration very often depends on a shared pursuit of common instructional goals for students, the Educational Services Division  and a group consisting of middle school language arts teachers, principals, and literacy coaches began a process last spring to find, adopt, and ultimately implement a universal language arts curriculum for grades 6 through 8 in BUSD.

While respectable efforts have been made to build some continuity and shared focus into this subject matter across the middle schools in recent years, a complete adoption of a formal language arts curriculum has not happened at the Middle School level for several years.

Led by the director of K-8 Schools, Maggie Riddle, as well as Coordinator of Professional Development, Michelle Sinclair, the process began last spring. Upwards of 25 middle school teachers representing all middle school sites and all grade levels, as well as principals and district staff, have had extended discussions, used rubrics to in part evaluate curriculum relative to the critical shifts initiated by the common core, and have at present distilled a list of options down to three choices.  

As of this writing, 19 teachers are in the process of piloting sample units from these three curricula at each middle school. The piloting of samples from each of the three finalist curriculums should be complete on or about March 24, 2017. At the conclusion of the trial period/pilot window, adoption committee members and District staff will convene to debrief, conduct an extensive final and comparative analysis, and make a recommendation to the Board by mid April.

Final determination on which curriculum will be proposed to the Board will be based in part on  alignment to the Common Core State Standards in English language arts, teacher evaluation of the curricula through the pilot process,  as well as considerations for addressing the needs of our diverse student population considering English learners, special education students, general education students, and students requiring added supports through intervention.

Concurrent with recommendation and Board approval, plans for accompanying professional learning and materials needs will be addressed so as to facilitate full-scale implementation of a newly adopted language arts curriculum at all three middle schools by the 2017-18 school year.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans ED.d, Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         January 25, 2017
SUBJECT:   Update on the Governor’s January Budget Proposal

BACKGROUND INFORMATION:
The Governor’s 2017-18 proposed State Budget reflects the slowdown of California’s fiscal recovery.  Over the past four years, public education in California has enjoyed unprecedented growth in funding largely due to restoration of past reductions, growth in the economy and passage of Proposition 30 in November of 2012.  Within the first 30 seconds of his press conference on the 2017-18 State Budget, Governor Jerry Brown dashed hopes for any continuation of that trend.

For the current year, the Governor’s Budget acknowledges that revenues are lower than projected in the adopted 2016-17 Budget Act, resulting in the lowering of the current year minimum guarantee.  For the current year, the Proposition 98 guarantee is now estimated at $71.4 billion, down $506 million from the enacted level.  This decrease is based on lower than expected General Fund tax revenues on which the guarantee is funded, which have declined by $5.8 billion over the three-year budget period.

For 2017-18, the Governor’s Budget proposes a Proposition 98 guarantee of $73.5 billion, a decrease of $953 million, relative to 2016-17 Budget Act.  The guarantee is based on Test 3, the change in per capita general fund revenues, plus 0.5% and the change in K-12 average daily attendance, which is expected to decline in the budget year. The Governor’s Budget notes that an additional $264 million in maintenance factor will be created due to it being a Test 3 year- totaling just more than $1.6 million at the end of 2017-18.

Local Control Funding Formula

The proposed budget continues implementation of the Local Control Funding Formula (LCFF) with an infusion of $744 million, the amount needed to fund the statutory cost-of-living adjustment (COLA).  The LCFF provides funding to transition all school districts toward target funding levels, and provides supplemental revenues through percentage weighting factors to increase or improve services for students who are not English language proficient, who are from low income families or who are in foster care. The target levels by grade span for 2017-18 are increased over 2016-17 by 1.48%.  In addition, the transitional kindergarten for class size reduction grade span adjustment is $748 per ADA and grades 9-12 base grant ADA is increased by $226 in recognition of the need for career technical education courses provided to students in the secondary grades. 

LCFF Gap Closure

For 2017-18, the budget proposes to spend $744 million to further close the LCFF funding gap.  The table below shows the Department of Finance’s LCFF gap percentage through 2020-21.

The statutory cost-of-living adjustment (COLA) is revised upward to 1.48% in January budget from 1.11% in July’s budget.  However, the gap percentage for the remaining GAP reduced from 72.99% of the remaining gap to 23.67%.  The gap percentages for the subsequent two years are higher than projected for the subsequent year but does not make up the decrease in percentage for 2017-18.  The COLA is applied to funding for categorical programs including Special Education, Child Nutrition, and Childcare programs.

One-Time Discretionary Funds

The Governor’s May Revision includes more than $287 million state-wide in one-time Proposition 98 funding for school districts.  Funding is estimated at $48 per ADA and will offset outstanding mandate reimbursement claims.

Preschool and Early Childhood Education

Last year, the legislature and governor negotiated a three-year plan to increase state preschool slots and fund increases to provider reimbursement rates.  To fully fund the 2016-17 obligations of the agreement, as well as workload adjustments to California Work Opportunity and Responsibility for Kids Sage 2 and 3, the Governor’s 2017-18 Budget proposal includes $87.9 million in non-Proposition 98 funds and $23.5 million in Proposition 98 funds.  However, the Governor proposes to pause the agreement for the 2017-18 Budget, essentially extending the implementation plan by an additional year. 

The proposal fully funds increasing the Regional Market Rate to the 75% percentile of the 2014 Regional Market Rate survey and maintains it at the level of 2017-18 and the planned increase of full day state preschool slots by 2,959 (beginning April 1, 2017).  The standard reimbursement rate is proposed to be maintained at the level funded by State Budget (an increase of 5% from 2015-16).

Staff will provide a powerpoint presentation of the fiscal impact of the Governor’s January proposed budget at the board meeting.

FISCAL IMPACT:
The fiscal impact on the District to be provided in the presentation to the Board. 

STAFF RECOMMENDATION: 
The Board receives this report as information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Javetta Cleveland, Deputy Superintendent
DATE:         January 25, 2017
SUBJECT:  P-1 School Average Daily Attendance and October Enrollment Summaries

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

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

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

The report reflects the variance between FY 2016-17 and FY 2015-16 for enrollment and ADA for each school. 

Enrollment and Attendance Analysis

For school sites and programs, enrollment and ADA decreased across the board over the prior year, with a significant decrease in enrollment of 167 students and a significant decrease in ADA of 104. However, the district’s overall attendance as a percentage of enrollment improved with an increase of 0.55%. 

The most notable decrease in enrollment happened at Berkeley High School, Arts Magnet, Cragmont, Rosa Parks and Martin Luther King as shown in the attached variance report by school and grade level.  Berkeley High’s enrollment decreased by 100 students as shown in the table below.  The enrollment decline impacted its overall attendance which decreased respectively by 82 ADA.  The attendance percentage to the total enrollment at BHS improved by .42%.

The elementary schools experienced an overall enrollment decline of 65 students excluding special education.  Elementary schools that decreased by 10 or more are as follows: Arts Magnet decreased by 10, Cragmont by 25, and Rosa Parks by 19.  Washington had a significant increase of 17 students.  The enrollment at the middle schools increased by 23 excluding special education.   

As a result of the decline in enrollment, the District has a significant decrease in attendance of 104 ADA as shown in the attached variance report.  John Muir, Rosa Parks, BTech and Independent Study had improvements in attendance percentages over the prior year.  Cragmont and Willard had declines in attendance percentages.

ADA does not normally improve at the 7th month reporting period (P2) especially since the ADA decline is a direct result of a decline in enrollment and not due to absenteeism or decrease in student attendance. 

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

POLICY/CODE:
Board Policy: 5113

FISCAL IMPACT:
Based on P1 reporting numbers, the Second Interim Budget will reflect a reduction in current year ADA by 93.81 for 2016-17, which will have a fiscal impact on the 2017-18 budgeted revenue.  This ADA projection and fiscal impact will change slightly once the District reports its 7th month period attendance at P2 and adjust revenue based on the Governor’s January budget. The ADA decrease of 93.81 for fiscal year 2016-17 will impact revenue in 2017-18 since the District is funded on prior year if the ADA is the prior year ADA is higher.  Therefore, 2016-17 budgeted revenue will be based on 2015-16 ADA and the 2017-18 budgeted revenue will be based on 2016-17 ADA.  The fiscal impact is an ongoing reduction in revenue of approximately $800,585 or an estimate of $8,534.11 per student, starting in 2017-18, which will be partially offset by base grant savings from reduction in staffing above class size ratios of $458,217.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Donald Evans, Ed. D., Superintendent
FROM:           Pasquale Scuderi, Assistant Superintendent, Ed. Services
                      Patricia Saddler, Ed.D., Director, Educational Services
DATE:            January 25, 2017
SUBJECT:    Local Control Accountability Plan Implementation Update

BACKGROUND INFORMATION:
Board Policy 0460 requires that the Superintendent or designee shall ensure proper implementation of the Local Control Accountability Plan.  The policy requires a written report to the Board that provides an update on the implementation of the actions and services in the LCAP.  Staff has developed an implementation-monitoring tool, which will be used to inform the Board and Stakeholders throughout the 2016-17 school year. 

LCAP Timeline for the Remainder of the Year

January - February

• Stakeholder Engagement Sessions
• King (AVID)..........................1/18
• Longfellow (Leadership).......2/2
• Willard (Leadership).............1/20
• BHS......................................2/6
• BTA......................................TBD
• OFEE...................................TBD
• RTI.......................................TBD
• Literacy................................2/10
• P&O.....................................2/21
• BTA .....................................2/3
• Longfellow............................2/2
                     

March

• 3/13 - EAC gets draft recommendations for LCAP, include at least one action or service to discontinue
• 3/16 - PAC gets draft recommendations for LCAP, include at least one action or service to discontinue
• 3/22 - Board gets draft recommendations for LCAP, include at least one action or service to discontinue

April

• 4/5 - First draft of LCAP Budget presented at Board

• 4/10 - LCAP draft presentation to EAC
• 4/20 - LCAP draft presentation to PAC

May

• 5/1-5/12 - Public Comment period on LCAP draft
• 5/3 - Board LCAP draft presentation
• 5/7 - Recommendations for LCAP personnel changes
• 5/28 - Superintendent’s Response to PAC LCAP Comments

June

• 6/14 - LCAP Final draft and budget Public Hearing
• 6/28 - Final LCAP Approval

POLICY/CODE:
BP 0460

FISCAL IMPACT:
N/A

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.