The Presiding Officer will call the meeting to order at 5:30 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.

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:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       February 7, 2018
SUBJECT:      Approval of Human Resources Reports

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

BERKELEY UNIFIED SCHOOL DISTRICT                       

TO:     Board of Education
FROM:       Donald Evans, Ed.D., Superintendent 
DATE:          February 7, 2018
SUBJECT:   Approval of the Assistant Superintendent of Business Services Job Description

BACKGROUND INFORMATION:
The District has previously had a Deputy Superintendent of Business Services, until August 2018.  In order to fill the position as an Assistant Superintendent, a job description must be approved by the Board.

Upon approval, the District will submit the job description to the Personnel Commission for review to establish the minimum qualifications for the job description.

When the Personnel Commission has approved the minimum qualifications for this position the District will post the position and find the most qualified candidate.

POLICY/CODE:
Education Code sections 44929.28, 45100.5, and 45103

STAFF RECOMMENDATION:
Approve the job description for the position of Assistant Superintendent of Business Services. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent 
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         February 7, 2018
SUBJECT:  Out-of-State Travel Request

BACKGROUND INFORMATION:
Approval for the following out-of-state travel is being requested:

Youth Mental Health First Aid Instructor Training, Denver, CO, March 12, 2018 to March 16, 2018 Approval for Rodney Lewis, Custodian II at Berkeley Adult School, and Aiesha Lockett, Student Welfare & Attendance Specialist, to this five-day, four-night instructors training, which will enable Rodney & Aiesha to train BUSD staff in a 5-step action plan for how to help young people in both crisis and non-crisis situations. This training will also expand their understanding of behavioral health issues and allow BUSD to increase the number of instructors available for YMHFA training.  Requested by Pat Saddler, Director of Programs and Special Projects. Travel and conference cost is approximately $9,000 and will be paid by Mental Health Youth First Aid federal grant.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out-of-state travel consistent with District policies and instructional programs

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:          February 7, 2018
SUBJECT:    Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Coloma Outdoor Discovery School, Coloma, CA, February 27-March 1, 2018
Approve participation of 54 combined fourth/fifth grade students, two teachers and eight other adults from Jefferson Elementary School on a three-day, two-night field trip to Coloma Outdoor Discovery School. (CODS) The group will depart Jefferson Elementary at 8:00 a.m. on Tuesday, February 27^th, and return at 2:15 p.m. on Thursday, March 1, 2018. CODS integrates California history and common core standards while celebrating the culture, music, and folklore of the Gold Rush. Students go back in time to learn about being a miner through various hands-on experiences. This field trip will provide significant background knowledge for two major reading and writing non-fiction units during the springtime that are themed around the Gold Rush. Michaels will provide transportation. Students will sleep in supervised, gender specific small cabins. The cost of $300.00 per student is being paid by a student donations and fundraising. No student will be denied access based on inability to pay. Requested by Mary Cazden, Jefferson Principal.

State Capitol/Sacramento State University, Sacramento, CA, March 26-27, 2018
Approve participation of 60 eighth-grade students and six teachers from Longfellow Middle School on a two-day, one-night field trip to tour Sacramento State and the State Capitol in Sacramento, CA. The group will depart Longfellow at 9:15 a.m. on Monday, March 26^th, and return on Tuesday, March 27, 2018 at 5:00 p.m.  Students will visit Sacramento State University as part of the Avid goal of early college awareness. The overnight is for team building and the following day we will see the California State Legislature in action to supplement their history class. Michael’s will provide transportation. Students will sleep in gender-specific rooms at a local youth hostel.  Cost for the trip is $50.00 per student and is being paid by students, grants and school PTA funds. No student will be denied access based on ability to pay. Requested by Marcos Garcia, Longfellow Principal

Field Science Camping Trip-Yosemite National Park, CA, May 6-9, 2018
Approve participation of approximately 150 eighth-grade students, 12 teachers, and 10 parents from Longfellow Middle School on a four-day, three-night field trip to Yosemite Valley, CA.  This trip is open to all graduating 8th graders.  The group will depart Longfellow Middle School at 9:00 a.m. on Sunday, May 6^th, and return at 9:00 p.m. on Wednesday, May 9, 2018. This program is intended to expose students to the great natural beauty of Yosemite, to provide them with interpersonal and physical challenges, and to promote their strong identity as a group of successful students as they prepare to enter Berkeley High School. It is both a celebration of their success as Longfellow graduates and a preparation for their new life at Berkeley High School. Students will sleep in gender-specific cabins. The $525.00 per student cost is being paid by PTA, fundraising, grants and parent donations. No student will be denied access based on inability to pay. Requested by Marcos Garcia, Longfellow Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
Costs will paid by student donations, fundraising and PTA donations. 

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

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         February 7, 2018
SUBJECT:   Out-of-State Travel Request

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

International Baccalaureate Workshop, New York, NY March 27-29, 2018
Approval for Berkeley International High School’s I.B. teacher Karen Wells, counselor Linh Le and Vice Principal Carrie Berg to travel to New York, NY to receive specific IB training in Music and Coordination (C2) at the United Nations School in New York, NY. The three-day, two-night conference training is necessary to provide a comprehensive and complete program for students in the BIHS program. Not all subjects are offered in California, and this necessitates out-of-state travel for the professional training. Registration, transportation, hotel accommodations and meals for this training will be paid from Berkeley High School’s General Fund. Requested by Erin Schweng, 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 programs.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D, Superintendent
FROM:     Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:     February 7, 2018
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. Adobe donated $200 to the Malcolm X Principal’s Discretionary Fund.
2. Dorian donated $649.96 to Malcolm X Principal’s Discretionary Fund.
3. Parents from BAM donated $1762.50 to 5^th grade camp.
4. King PTA donated $24,000 to MOU #2 & #3.
5. Berkeley Public Schools Fund donated $972 to Oxford PTA to fund online subscription.
6. Dorian Photography donated $381.53 to Oxford Principal’s Discretional Fund.
7. Bright Funds Foundation/ Demet Talcin donated $300 to Rosa Parks Principal Discretionary Fund.
8. Life Touch donated $1,435.25 to Rosa Parks Principal’s Discretionary Account.

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $29,701.24 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Interim Asst. Superintendent of Business Services
DATE:        February 7, 2018
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. Knorr Systems, Inc. to provide pool repair and maintenance services as needed by the Maintenance Department for the 2017-18 SY. The cost will not exceed $19,000. 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 UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent
FROM:         Timothy White, Executive Director of Facilities
DATE:            February 7, 2018
SUBJECT:     Facilities Plan Modifications: Approve Recommendation to Transfer Bond Administration Expenses to Measure I and to Add the Rosa Parks Multipurpose Roof Project to Measure AA

BACKGROUND INFORMATION:
The Board approved modifications to Measure AA on June 28, 2017. The following items are recommended for approval with this action along with the Measure:

1. Rosa Parks Roof: Create project to address dry rot of structural members.  It is necessary to allocate $550,000 for FY 18-19. This work will be performed Summer 2018;
2. Facilities Bond Programs Support Salaries + Benefits: Facilities is recommending the transfer of $332,455 from Measure AA to Measure I to allow funding of the Rosa Parks Roof project; and
3. Supplies, Equipment, Travel/Conference, Rentals:  Facilities is recommending the transfer of $11,000 from Measure AA to Measure I to allow funding of the Rosa Parks Roof project;

FISCAL IMPACT:
Total Cost from Measure AA: $550,000 Bonds.  

STAFF RECOMMENDATION:
Approve adjustments in items 1-3.     

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Timothy White, Executive Director of Facilities
DATE:             February 7, 2018
SUBJECT:    Approval of Kathleen Moore & Associates for California Department of Education Applications

BACKGROUND INFORMATION:
There are seven (7) completed construction projects that are eligible to receive funding from the California Department of Education.  These project sites include Jefferson Elementary, John Muir Elementary, Washington Elementary, Longfellow Middle School, King Middle School, Willard Middle School and Berkeley High School.

The potential State funding allocation amount is $14,209,083.

Facilities staff is requesting approval of a contract with Kathleen Moore & Associates to develop seven (7) California Department of Education (CDE) applications for modernization approval including information gathering, coordination of plan sets from architect/District, completion of SFPD 4.08 documents and plan summaries for District signature, submittal documents to the CDE School Facilities Division, and assistance with CDE follow-up questions, if any. 

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT: 
Contract award by this action: $20,720 to be Paid from Measure I Bond Funds. These costs are within the Measure I Bond Reallocation.

STAFF RECOMMENDATION:
Approve contract with Kathleen Moore & Associates for California Department of Education Applications.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent
FROM: Natasha Beery, Director of BSEP and Community Relations
DATE: February 7, 2018
SUBJECT:  RESOLUTION 18-011 to establish the 2018-19 tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016)

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) authorized the levy of a special tax as stipulated in Section 4 of the Measure. The Measure authorized the District to levy a Special Tax of thirty-seven cents ($0.37) per square foot on all Improvements beginning July 1, 2017, and continuing for a period of eight (8) years. This Special Tax shall be levied on the Square Footage of all Improvements, including all Buildings and Structures, on Parcels of Taxable Real property in the District.

The revenues raised by the special tax are to be used to improve the educational achievement of Berkeley Unified School District’s (“District”) public school students by providing high quality educational programs as specified by the Measure.

Beginning in 2018-19, the second year of assessment of the Special Tax, and each year thereafter, an annual cost-of-living increase in the rate is permitted to maintain the programs. This increase was not applied in the first year of the Measure, but in subsequent years may be increased from the rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics.

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1 2017, is 2.9 percent.

POLICY/CODE:
The Berkeley Public Schools Educational Excellence Act of 2016, (Section 4)

FISCAL IMPACT:
Revenues are projected to be $31,041,500 for FY 2018-19.

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 for FY 2018-19.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent
FROM: Natasha Beery, Director of BSEP and Community Relations
BSEP Planning and Oversight Committee
DATE: February 7, 2018
SUBJECT: Annual Report of Revenue and Expenditures in FY 2016-17 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 BSEP Planning and Oversight (P&O) 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 reviewed the Annual Report for FY 2016-17 at its meetings on 12-12-17 and 1-30-18 and hereby provides this report to the Board of Education on the District’s compliance with the conditions of this Measure.

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) 2016-17. This represents the final year of BSEP/Measure A of 2006, which was replaced when BSEP/Measure E1 of 2016 took effect on July 1, 2017.

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. Funds remaining in Measure A Resources at the expiration of the Measure are to be expended in accordance with the Measure, and in some instances have already been incorporated into the budgets for parallel purposes of Measure E1 for the transitional year of 2017-18.

This report will be accompanied by a brief presentation (not as a discussion item) to provide an overview of the contributions from Measure A, and will integrate the First Interim snapshot of both Measure A and Measure E1 to show how the the funds remaining in BSEP Measure A and the funds in BSEP Measure E1 work together in support of the purposes of the BSEP Measure as well as the priorities of the BUSD.

Measure A Summary 2007-2017

Over the ten-year course of Measure A, the students of Berkeley Unified School District benefited from significantly lower class sizes than was possible through state funding, thanks to BSEP class size reduction funds providing for nearly one-third of all classroom teachers (between 130-137 FTE per year). BSEP Measure A also ensured that every school library has been well-staffed and full of high-quality materials and resources - our students check out over 1,000 books per day!  Our district has been recognized for its commitment to arts education, as Measure A provided music classes to over 3,000 students every week, with low-cost or no-cost instruments and small class sizes to provide equity of opportunity to all 4th and 5th graders, along with a diverse range of high quality classes at middle school.

Measure A also provided over $2 million every year so that each school could address specific needs, including enrichment activities, student support, and instructional materials.  Thanks to Measure A, our middle school students had the support of supportive counselors, and our high school students had tutors, college counselors, and a range of enrichment and support programs to help expand their horizons and attain their goals.  Measure A also provided support to our diverse families through the support of family engagement specialists and with public information and translation services. Our ability to delivery high-quality instruction was supported with professional development, program evaluation, and instructional technology staffing and materials provided through the Measure A resource.

As we transition into the next iteration of BSEP, with the local funding provided through Measure E1 for the next 8 years, we are grateful to build on the strong foundation of the many supports and opportunities provided through Measure A and its predecessors. Some day we hope that California will rise up from near the bottom of the barrel in public education funding, but until then, the local support for our schools through BSEP will continue to be essential to the success of our students.

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 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 2016-17, BSEP Measure A of 2006 provided 18% of the District's combined General Fund revenue, in the amount of $25,773,092.

STAFF RECOMMENDATION:
Review and accept the Annual Report of 2016-17 BSEP Revenue and Expenditures from Measure A of 2006.

Attachment:  Annual Report for BSEP Measure A for Fiscal Year 2016-17

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed.D., Superintendent
PRESENTERS: Pauline Follansbee, Interim Assistant Superintendent, Business Services
Pasquale Scuderi, Associate Superintendent, Educational Services
DATE: February 7, 2018
SUBJECT: First Reading of Proposed Reductions and Budget Priorities for 2018-2019 Base Grant (Unrestricted General Funding)

PURPOSE:
Second opportunity to review and discuss with the Board a current list of proposed reductions, as well as considerations for ongoing and one-time funding for 2018-2019, ahead of a decision on February 21, 2018.

BACKGROUND INFORMATION:
Each year the Superintendent brings forward a list of current and competing priorities for funding through the base grant/general fund, and seeks direction from the Board of Education for items on that list that the Board is in interested in funding, or not funding, for the subsequent school year. These priorities are considered in two categories, those that represent ongoing commitments and expenditures, and those that are proposed for funding on a one-time or limited term basis.

This year, BUSD faces the added complexity of needing to reduce expenses district-wide by approximately 1.8 million dollars, and the Board has directed staff to propose reductions that will address the eventuality of our overall expenses outpacing our revenue given our multi-year projections. These proposals have been considered by the Superintendent’s Budget Advisory Committee (SBAC), a group consisting of representatives from parent groups, unions, district staff, and community members. This committee has discussed and reviewed these proposals, along with significant community input and public comment, at a series of seven public meetings between May 30, 2017, and January 23, 2018.

The Board was presented with this list of proposals at their January 24 meeting and will continue to discuss and consider these proposals tonight with additional discussion and decisions scheduled for the February 21, 2018 meeting.

Following the last meeting of the Superintendent’s Budget Advisory Committee (SBAC) on January 23 and the initial discussion of these proposals with the Board on January 24, staff is tonight presenting finalized recommendations from both staff and the advisory committee, along with the Superintendent’s recommendations.

The need to reduce our overall budget is driven by a responsibility to ensure the multi-year fiscal health of the District, and to deal with a structural deficit that, if not addressed, would potentially compromise the District’s financial well-being in the long term. Additionally, a portion of the new funding, both ongoing and one-time, must be used to honor compensation agreements reached previously with our employees through their unions.

Tonight’s discussion will focus on proposals of approximately $1.8 million in reductions (staff and the advisory committee have provided proposals in excess of the $1.8 million target), as well as a limited set of proposals for new expenditures against a projected $3.7 million in total new ongoing revenue ($1.3 million coming after the first interim projections based on the Governor’s January budget).

Additional discussion and decisions on the proposed one-time expenditures introduced on January 24 will resume on February 21, 2018. Those proposals are outlined in Attachment 1 to this document and are detailed in Attachment 3.

QUESTIONS FOR THE BOARD:

1. Are you comfortable with the “consensus” reductions? This group of proposals can be found on the slides labeled “Group B” in Attachment 2.

2. What other reductions do you support?

3. What costs that can be reassigned to BSEP do you support? Reference the slides labeled “Group C” in Attachment 2.

4. Are there any new ongoing expenses you would support?

NEXT STEPS:
Receive additional direction from the Board in order to refine or amend the recommended reductions and/or additions for the February 21 meeting.

FISCAL IMPACT:

Forthcoming decisions will involve each of the following areas:

• Proposed ongoing reductions of $1.8 million

• Proposed additional ongoing expenditures of $318K

• Proposed one-time/limited term expenditures of $2.3 million

Details can be found in the attached documents.

ATTACHMENTS

Attachment 1: Budget Reductions and Priorities Overview (Slides)

Attachment 2: Summary of Budget Reductions (Spreadsheet)

Attachment 3: Budget Priorities Detail 18-19

Attachment 4: Proposed Common Core expenditures for 2018-2019

Attachment 5: Impact Review

LINKS TO PREVIOUS DISCUSSIONS:
First Reading of Proposed Reductions and Budget Priorities for 2018-2019 Base Grant (Unrestricted General Funding) - Discussion

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Donald Evans, Ed.D., Superintendent
FROM:             Pauline Follansbee, Interim Assistant Superintendent
PRESENTER:  Pauline Follansbee, Interim Assistant Superintendent
DATE:                February 7, 2018
SUBJECT:        Approval to Issue Notice of Violation for REALM Middle School

PURPOSE: 
To issue a Notice of Violation (NOV) to REALM Middle School, which must be approved by the Board in open session  A copy of the Notice and supporting documentation must be provided to REALM at least 72 hours before the meeting.

BACKGROUND INFORMATION:
The revocation of a charter is governed by Education Code § 47607. Education Code § 47607(c) sets forth the grounds for revocation: A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:

(1)     Committed a material violation of any of the conditions, standards, or procedures set forth in the charter;

(2)     Failed to meet or pursue any of the pupil outcomes identified in the charter;

(3)     Failed to meet generally-accepted accounting principles, or engaged in fiscal mismanagement; or

(4)     Violated any provision of law.

The charter-authorizing agency precedes a revocation with a Notice of Violation and a reasonable opportunity to remedy the violation under Education Code § 47607(d). Prior to revocation, the charter-authorizing agency provides the charter school with a Notice of Intent to Revoke, and conducts a public hearing on the potential revocation (Education Code § 47607(e)): 

RECOMMENDATIONS FOR THE BOARD:
Staff is asking the Board to consider and approve a Notice of Violation to REALM Charter Middle School on the grounds that it failed to follow Generally Accepted Accounting Principles and Fiscal Mismanagement (Education Code section 47607(c)(1)(C)), and Violation of terms of the Charter (Education Code section 47607(c)(1)(A)).

NEXT STEPS:
The District must give REALM a period in which to remedy the violation.  The Ed. Code does not require a particular duration.  Staff recommends that the remedy period end April 11, 2018, which is sixty-three days after the Notice of Violation is issues.

The District then 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 28 days after REALM’s response is due, which must be approved by the Board in open session.

The Board would have to hold a public hearing within 30 days of the Notice of Intent to Revoke, and make a determination within 30 days of the public hearing. 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.

FISCAL IMPACT:
N/A

RELATED PAST BOARD ITEMS:

January 25, 2017-Action Item 12.1: Notice of Violation for REALM Charter Schools

March 8, 2017-Information Item 15.5: Audited Financial Statements for REALM Charter Schools

November 15, 2017 - Information Item 14.1: REALM Charter School Fiscal Update

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:         Pauline Follansbee, Interim Assistant Superintendent
DATE:          February 7, 2018   
SUBJECT:    Independent Audit Report for Fiscal Year ending June 30, 2017

BACKGROUND INFORMATION:
The District’s annual Independent Audit for the Fiscal Year 2016-17 has been completed. The audit is now being presented to the Board for review under separate cover. Copies are available for public review in the Superintendent’s office.

The District received an unqualified opinion on its financial statements. An unqualified opinion from our auditor indicates that the District financial statements for year ended June 30, 2017, present fairly (are fairly stated) in all material respects, its financial position in conformity with generally accepted accounting principles.  Therefore, the Auditor noted no material financial, accounting errors. There were no audit findings for state compliance or student body funds.

POLICY/CODE:
Education Code Section 14500, 14502, and 14504 et seq

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and accept the Audit Report and Financial Statements as presented by Crowe Horwath LLP.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Superintendent
FROM: Natasha Beery, Director of BSEP and Community Relations
DATE: February 7, 2018
SUBJECT: First Interim Report of Revenue and Expenditures in FY 2017-18 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure A) and the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure E1)

BACKGROUND:
This is the First Interim Budget Summary report for BSEP/Measure A and for BSEP Measure E1 representing each BSEP Measure as of October 31, 2017. These summaries demonstrate projected fund balances for each purpose of Measure A and Measure E1.

Revenue and Expenditures: Measure E1

At First Interim, revenue for the current BSEP Measure E1 is projected to total $29,325,000 which represents 18% of the District’s General Fund budget. Projected expenditures and transfers to the General Fund total $27,810,952 for an ending fund balance of $1,514,048. Most of the fund balance is located in the High Quality Instruction resource 0741, in keeping with plans to maintain the capacity of that fund to absorb cost increases over the life of the measure. Fund balance in other district-wide resources range from $0 to $43,981 (as well as $125,664 available for future distribution in School Site Discretionary funds).

Revenue and Expenditures: Measure A

With the conclusion of Measure A in 2017, remaining funds continued to be carried in Fund 4. Revenue may continue to be recognized and allocated in accordance with the terms of Measure A to specified restricted resources. Additional prior year revenue of $154,079 was allocated to each measure purpose. At First Interim, the expenditure budgets for Measure A funds totaled $671,941, including carryover in Site Discretionary Funds, planned deficit spending in the Family Engagement budget, and $7,100 for audit expense. This, together with a $100,000 budget for rebates for Measure A taxpayers, decreased the overall fund balance to $2,624,000.  

A significant proportion of the entire Measure A fund balance, $792,616, is currently located in resource 0000, in order to maintain the required 3% reserve for Fund 4. This fund balance will be utilized for rebates (which can be requested up to three years from payment) and for allocation to the Measure A purposes, once a sufficient reserve is built into Measure E1.

Measure A and Measure E1 Transition

The multi-year projections utilized for constructing the tax rate and structure of Measure E1 assumed that carryover from Measure A would become part of planned spending for the parallel purposes in Measure E1. For example, the Music/VAPA resource (0853/0753) has a significant fund balance for Measure A, but a very small projected balance for Measure E1; that resource and the CSR/HQI resource (0841/0741) tend to see the largest variance and impact for enrollment or staffing cost increases, with lower costs in the current year but higher costs expected in later years. The Family Engagement (0757/0857) and Oversight/ Communication (0854/0754) resources have significant classified staff costs, which have required planned deficit spending to maintain program capacity, but are being brought into balance over the course of the next two years.

Reserves and Fund Balances

BSEP maintains a 3% reserve as required by the State. During the budgeting process, each Resource carries an unallocated reserve as a contingency to allow for variances in personnel expenditures (salary and benefits). Fund Balances are maintained in each Resource to meet program needs. As the reserve resource for Measure E1 is built with new revenues, the unallocated funds in Measure A will be available for distribution to each resource in accordance with Measure A allocation percentages, and each fund balance is available for use in accordance with plans presented by the Superintendent and Educational Services, to be reviewed by the BSEP P&O Committee before Board approval.

RECOMMENDATION:
Receive for Information

FISCAL IMPACT:
Measure A projected fund balance (including unallocated reserve) at $2,624,000
Measure E1 projected fund balance (including unallocated reserve) of $1,514,048

Attachments:

First Interim Summary FY 2017-18 of  BSEP Measure A)

First Interim Summary FY 2017-18 of (BSEP Measure E1)

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: School Board
FROM: Policy Subcommittee
DATE: February 7, 2018
SUBJECT: BP 5145.7 and BP 4119.11 - First Reading  

BACKGROUND INFORMATION:
Presented tonight for first reading are revisions to our two sexual harassment policies, BP 5145.7, which is aimed at student conduct, and BP 4119.11, which is aimed at employee conduct.  Other than fixing a couple typographical errors in the existing policies, the only substantive change is to add this language to both policies:

"No District employee shall engage in any sexual relationship with any current District student, regardless of the age of the student.  Such behavior shall be subject to discipline up to and including dismissal in accordance with applicable policies, laws, and/or collective bargaining agreements."

The proposed added language reflects a clearly understood and widely shared professional standard of all BUSD employees, even though it is not currently memorialized in our policies.  This straightforward proposal is a response to the request that this professional standard be memorialized in our policies.

(We also propose the removal of a paragraph in BP 4119.11 that was confusing because it was directed at student conduct that is covered by BP 5145.7.)

These proposed revisions were discussed at the Policy Subcommittee's January 26, 2018 meeting, and the Subcommittee unanimously voted to send the revisions to the Board for approval.  As always, we are grateful for the engagement of the community with respect to this and other policy revisions the Subcommittee is considering.

RECOMMENDATION:
Receive revisions to BP 5145.7 and BP 4119.11 for first reading. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:           Board of Education
FROM:    Donald Evans, Ed.D., Superintendent
DATE:       February 7, 2018
SUBJECT:  Le Conte Elementary School Renaming Update 

BACKGROUND INFORMATION:
On November 15, 2017, the Board voted to discontinue the use of the name “Le Conte” for the Elementary School at 2241 Russell Street, after a petition and review of the appropriateness of the name was conducted, in accordance with BUSD Board Policy (BP) and Administrative Regulation (AR) 7310. 

Superintendent’s Naming Advisory Committee
An advisory committee has been formed to work with the Superintendent to solicit and review potential new names for the school. The ten Naming Advisory Committee (NAC) members, and three alternates include parents, staff and neighbors of the school. The Director of BSEP and Community Relations is working with the committee as the Superintendent’s designee. 

The committee convened on December 12, 2017, to begin to plan the community process for proposing a new name, and met again on January 3, 2018, to map the process and discuss possible criteria for evaluating name submission.

The amount of time to plan the process, engage stakeholders, and review and discuss names is already considerable. In order to accomplish the work of the committee within the 6-month time frame, several subcommittees were formed and have begun to meet:

• Meetings and Communication

• School Community Engagement

• Neighbor Outreach

• Rubric Design

• Preliminary Screening/Sorting 

A community/PTA meeting was held at the school on January 17 to share the process, discuss criteria and launch the name suggestion form. The form (in English and Spanish) is available online, was linked in the school newsletter and SGC survey, and on paper at the school. As of January 31, there have been 91 suggestions, representing 51 distinct school names (the other 40 are duplicate suggestions).   

The Le Conte Neighborhood Association has the topic on its January 31 agenda, and articles about the naming process has been published in the BUSD Weekly Bulletin and the A+ News, as well as in the East Bay Times (under the auspices of the Berkeley Historical Society), and will be published in the Berkeley Times in early February.  

The NAC held its third meeting on January 25 and discussed and tested a rubric that was created from criteria that meet the board requirements and community/committee priorities. The criteria, which are still under discussion, would prioritize names that meet the board criteria and also reflect several of the characteristics below:

• Reflects Berkeley community VALUES such as equity, inclusion, social justice, valuing diversity, ecology, etc,

• Connects directly to the BERKELEY community, BERKELEY history, and/or BUSD schools,

• Is likely to be ENDURING (even if the school or program changes in the future),      

• Is INSPIRING, especially to school children,

• Relates to TWI - the Spanish/English, multicultural & Latinx focused mission of the school,

• Reflects a type of individual, place or entity that is NOT WELL REPRESENTED in BUSD names,

• Exemplifies EDUCATIONAL excellence and/or the right to a high-quality public education

Another community meeting will be held on February 12 to continue to solicit names, up to the February 15th submission deadline.  The committee will meet again in late February and early March to sort through the name submissions, and bring a short list to a March 14 community meeting and to focus groups (PCAD, DELAC, staff, students, families etc).  Further community engagement and committee discussions should lead to a recommendation of one or more (up to 3) names from the committee to the Superintendent in April, and a recommendation from the Superintendent to the Board for a May 2018 decision.

POLICY/CODE:
BUSD Board Policy 7310 

STAFF RECOMMENDATION:
Receive for Information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
FROM: Maggie Riddle, Director of K-8 Schools
DATE: February 7, 2018
SUBJECT: A Vision for Structured Literacy Support in BUSD

BACKGROUND INFORMATION:
A comprehensive Structured Literacy Program capable of improving reading and writing  levels for all students, and one capable of narrowing or closing gaps in literacy outcomes between various subgroups of students, must concurrently include phonology, semantics, sound-symbol relationships, syllables, morphology and syntax. BUSD’s elementary base literacy program is not alone meeting the full spectrum of reading needs of all of our students. While staff still very much believes in Teacher’s College Reading and Writing Project (TCRWP) as a core K-5 curriculum, there are complementary curricular and instructional components and additional specialized trainings that our staff needs access to in order to meet the wide variety of needs and reading challenges experienced by a broad cross section of our students.

In order to develop a fully effective literacy program for all readers, teaching of reading must include explicit instruction in phonics and phonemic awareness in all tiers of instruction. Multi-modal approaches that incorporate visual, auditory and kinesthetic approaches will support diverse learning styles. The following program changes and accompanying professional development will support a structured literacy program that addresses the needs of students at all levels and develops the expertise of staff as reading specialists rather than specific curricula experts.

Concurrent with this information item, staff has requested a one-time, $300,000 investment through new one-time dollars from the recently released Governor’s budget to develop and design a comprehensive structured literacy program in BUSD. What follows is an introductory description of the curriculum, materials and professional development that will be a part of the ultimate program; the outline of the envisioned structure covers three principal areas:

Tier 1 (all kids, all classrooms)

Tier 2 (some students, focal or targeted support)

Tier 3 (students with intensive needs)

Necessary and Complementary Additions to Core Instruction:

Tier 1: All Classrooms

Adopt and implement a Tier One phonics program for grades K-5 with implementation for the 2018-2019 school year. The Tier One program will provide explicit phonics and phonemic awareness instruction for all students that will support students in reading, spelling, writing and vocabulary development. This phonics component will work alongside and be integrated into continued site and district-based PD in all essential components of TCRWP. Staff is currently exploring a variety of phonics programs, most recently with literacy coaches at the January 29 all-day PD session, and will update Ed Services and the Board as the list of options is narrowed. An overarching goal is to provide comprehensive Phonics program PD for all K-5 staff beginning in the summer of 2018 and continuing throughout the 2018-2019 school year.

Tier 2 and Tier 3: Select focal students and students with high or intensive reading needs

Implementation of Wilson Reading Systems reading intervention program: a research-based curriculum for students who have a language-based learning disability, such as dyslexia, or who have not internalized the sound-symbol system for reading and spelling.

Integrated in All Tiers

Screening Tools:

Implement DIBELS or AIMS WEB universal reading assessment to be administered in grades K-8. Universal reading assessments identify areas of strength and need for individual students which assists in differentiation in Tier One and Tier Two instruction. There will be both curricular and training costs associated with either screening option.

Professional Development

Specialized Trainings to develop expertise in Structured Literacy, a concept that combines the following elements that all work together to support reading instruction: phonology, semantics, sound-symbol relationship, syllables, morphology and syntax. The proposed training for our literacy/reading specialists will include:

• Introduction to Structured Literacy and Slingerland Training: 9-week course led by expert Dr. Nancy Cushen White (http://74.50.49.198/center/leadership/ncushenwhite)

Educational Services goals seek to deepen the capacity of Literacy Coaches, RTI teachers, Mild/Moderate Special Education staff and other key literacy support players in our District through progressive development of those educators in these methodologies beginning in the Spring of 2018 and continuing through the summer of 2019.

Literacy Specialist Class: The vision also includes an 8-10 week Literacy Specialist course that would support the ongoing learning of Literacy Coaches and other specialists in research-proven approaches to reading instruction.

FISCAL IMPACT:
A requested $300,000 in one-time funds from new one-time revenue ($2.7 million) for school year 18-19.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:       Timothy E. White, Executive Director of Facilities
DATE:        February 7, 2018
SUBJECT: Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on January 11, 2017.  Data in this report are current as of January 24, 2018. This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports.    

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.