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:       September 26, 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: Donald Evans, Ed. D., Superintendent
FROM: Dr. Jan L. Hamilton, Executive Director of Special Education  
DATE: September 26, 2018
SUBJECT:     Behavior Intervention Specialist

BACKGROUND:
The District currently contracts with non-public agencies to support students with high profile behavioral needs. The use of non-public agency aides has been analyzed in recent months in an attempt to enact necessary cost-containment efforts in light of growing special education costs, while at the same time providing the services necessary to support our students with special needs.

Staff believes that the creation of a Behavior Intervention Specialist position serves the long term interest of the District in terms of reducing the need for and dependence on contracts with non-public agencies for behavior supports for students with high needs. The position also builds capacity within the District with a position that will require fluency in evidence-based practices to support successful student outcomes.

FISCAL IMPACT:
Current I.A. Special Ed II positions have an hourly salary range of $18.19-$22.76 (Range 36)Behavior Intervention Specialist will be in a range of $21.10-$25.74 (Range 42)

RECOMMENDATION:
Approve the creation of this new position.

BERKELEY UNIFIED SCHOOL DISTRICT

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

La Cosecha 23^rd Annual Dual Language Conference in Santa Fe, NM, November 14-17,2018
Approval for Veronica Valerio Duncan Principal at Sylvia Mendez Elementary School to this four day, three night dual language conference which will give Veronica the opportunity to attend presentations and workshops to support two-way immersion education.  Requested by Pat Saddler, Director of Programs and Special Projects.  Travel and conference cost will be paid by Title II funds.

 Annual ACTFL Conference, New Orleans, LA-November 15-18, 2018
Approval for Xin Chen, BHS World Language Teacher, to attend this four-day, three-night conference in New Orleans, LA. The ACTFL Annual Convention and World Languages Expo is an international event bringing together more than 6,000 language educators from all languages, levels, and assignments. Our goal is to provide a comprehensive professional development experience that will have an impact on language educators at all levels of teaching and in turn impact their students to succeed in their language learning process. The Program, which will feature more than 700 educational sessions in a variety of formats, will focus on innovative programs, emerging trends that impact the language profession, and research-informed practices. More than 250 companies will be exhibiting their latest products and services. Requested by: Erin Schweng, Berkeley High School Principal.

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, Educational Services
DATE:          September 26, 2018
SUBJECT:   Approval of Overnight Field Trip Requests 

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Tilden Regional Park, Berkeley, CA, October 4-5, 2018
Approve participation of 70 fourth grade students, 3 teachers (Keller, Auletta and Rohr) and 10 other adults from Jefferson Elementary on a two-day, one-night field trip Tilden Regional Park. The group will depart Jefferson at 9:30 a.m. on Thursday, October 4^th, and return at 2:00 p.m. on Friday, October 5, 2018. The students will be taking part in a hands-on study of our local ecology and watershed. In addition, we will be focusing on team-building activities to build a successful learning environment for our school year. Narrative and essay writing will follow our trip. BUSD will provide transportation to and from the event.  The students will sleep in gender specific tents.  The cost of $30.00 per student will be funded by PTA and parent donations. No student will be denied access based on ability to pay.  Requested by: Mary Cazdenary Cazden, Jefferson Principal

Tilden Park/Wildcat View/LHS, Berkeley, CA, October 11-12, 2018
Approve participation of 50 fifth grade students, 2 teachers (Kleine and Khanna) and 8 other adults from Jefferson School on a two-day, one-night field trip to Tilden Park/Wildcat View for the purpose of studying the environment of the park while working on team building, cross classroom connections, decision making, and leadership training. The group will depart Jefferson at 9:30 a.m. on Thursday, October 11^th, and return at 2:00 p.m. on Friday, October 12, 2018. The LHS will provide experiences with scientific method and STEM activities. The students will sleep in gender specific tents located in separate camping areas and both will have adult chaperones. The cost of $25.00 per student will be paid by parent donations. No student will be denied access based on inability to pay.  Requested by Mary Cazden, Jefferson School Principal.

Cazadero Jumpstart Retreat, Berkeley, CA, October 19-21, 2018
Approve participation of 100 eighth grade Middle School students, 10 teachers and 10+ non-staff adults, on a three-day, two-night field trip to Cazadero Performing Arts Camp, CazPAC in Berkeley, CA.  BUSD will provide transportation for students to the CazPAC on Friday, October 19^th at 8:30 a.m and students will be driven home by parents from the event at 2:00 p.m. on Sunday, October 21, 2018.  During the retreat, band students will build interest in BHS program, learn advanced pieces in a fast-paced 3-day period.  Meet and bond with students from other middle school and work with BHS mentors. Students will sleep in supervised, gender specific tent cabins in separate rooms chaperoned by parents.  The cost of $145.00 per student will be paid with parents and scholarships.  No student will be denied access based on inability to pay.  Requested by: Pete Gidlund, VAPA Supervisor

Pt. Bonita Retreat Center BHS-AHA, Sausalito, CA, November 5-6, 2018
Approve participation of 60 eleventh grade AHA students, eight teachers and 1 other adult on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Monday, November 5th at 9:00 a.m., and return Tuesday, November 6, 2018 at 2:00 p.m. The group will engage in in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $6,100.00 for the trip will be paid for by parent donations, BHSDG funds and CPA grant. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal

Pt. Bonita Retreat Center BHS-AHA, Sausalito, CA, March 21-22, 2019
Approve participation of 50 twelfth grade AHA students, 8 teachers and 2 other adults on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, March 21^st at 9:00 a.m., and return Friday, March 22, 2019 at 2:30 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $6,100.00 for the trip will be paid for by parent donations, BHSDG fund and CPA grant. No student will be denied access based on inability to pay. 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:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         September 26, 2018
SUBJECT:   Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2018-19        

BACKGROUND INFORMATION
Education Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, as to whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects: English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course). The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided.  All students in Berkeley Unified have access to books and other instructional materials.

The annual resolution continues to be required although the State no longer allocates specific funding for Pupil Textbooks and Instructional Materials. 

The hearing tonight has been publicized as required, and the proposed resolution is attached.

POLICY/CODE
Education Code Sections 60117 and 60119

FISCAL IMPACT
None

STAFF RECOMMENDATION
Approve the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2018-19.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Superintendent
FROM:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         September 26, 2018
SUBJECT:  YMCA of the Central Bay Area – Head Start

BACKGROUND INFORMATION:
BUSD is contracted annually to provide services for the YMCA of the Central Bay Area Head Start Program as a part of the BUSD pre-school services. BUSD pre-schools provide Head Start enhanced services for 100 pre-school students each year at a rate of $333.45 per month per student. Services required by Head Start include home visits for each student, additional screening and assessments for each student, and individual student plans. The annual contract total for BUSD pre-schools will be $333,450 for the 2018-2019 school year.

Funds received from Head Start will be used to pay for additional requirements, materials, a coordinator to ensure compliance with Head Start regulations and oversee annual monitoring and audits.

GOAL: Curriculum & Instruction: Increase the academic achievement of all students through effective instruction, a challenging and engaging curriculum, and aligned assessments.

• Pre-K: Prepare pre-school children for success in elementary school by providing age appropriate curriculum and instruction that nurture and develop children’s academic, social, emotional and physical well-being.

POLICY/CODE:
California Development Division
Ed Code Title 5

FISCAL IMPACT:
Payment of $333,450 will be paid by YMCA of the Bay Area to BUSD’s child development program for these services.

STAFF RECOMMENDATION:
Approve the contract with YMCA of the Bay Area.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        September 26, 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. David R. Callahan Inspection to provide project inspection services for VAPA project at West Campus for 2018/19SY. The cost will not exceed $50,000. To be paid from Measure I. Requested by Lew Jones.
2. Alan Kropp & Associates to provide Geotechnical services for Oxford project for the 2018/19SY. The cost will not exceed $40,000. To be paid from Measure I. Requested by Lew Jones.
3. CAW to provide eligibility application for State Seismic Mitigation Program Funding for the Berkeley Community Theater for 2018/19SY. The cost will not exceed $16,500. To be paid from Measure I. Requested by Lew Jones.
4. A3GEO to provide Geotechnical services for the Berkeley Community Theater Project for the 2018/19SY. The cost will not exceed $60,000. To be paid from Measure I. Requested by Lew Jones.
5. Applies Materials & Engineering, Inc. to provide destructive testing forstructural design for the Berkeley Community Theater for the 2018/19SY. The cost will not exceed $40,000. To be paid from Measure I. Requested by Lew Jones.
6. Jamal Williams to provide conflict resolution and restorative practices training to staff at Washington Elementary School for the period from 9/15/18 – 6/30/19. The cost will not exceed $13,000. To be paid from Restricted Donations. Requested by Katia Hazen.
7. Kala Art Institute, to provide Visual Art Professional Development and Direct Services for Berkeley Arts Magnet for the period from 9/1/18 – 6/30/19. The cost will not exceed $233250. To be paid from Restricted Donations. Requested by Rene Molina.
8. Berkeley Chess School to provide afterschool enrichment classes at Jefferson Elementary for the period from 9/5/18 – 6/1/19. The cost will not exceed $11,960. To be paid from PTA Donations. Requested by Aaron Jorgensen.
9. Henri Ducharme to provide after school enrichment classes at Malcolm X Elementary for the period from 9/1/18 - 6/15/19. The cost will not exceed $19,096. To be paid from PTA Donations. Requested by Aaron Jorgensen. 
10. Museum of Children's Art to provide fundamental visual arts skills for students at Jefferson Elementary for the period from 9/10/18 - 6/10/19. The cost will not exceed $14,529. To be paid from Restricted Donations. Requested by Mary Cazden.
11. Increase in contract amount, PO#190463, to Bay Area Children’s Theatre, to provide afterschool enrichment classes at Emerson and Cragmont Elementary. The original amount of $9000 was issued 8/10/18. The additional amount requested is $6750 for a total amount of $15,750. To be paid from PTA Donations. Requested by Aaron Jorgensen.
12. Increase in contract, PO#190163, to Ryland School Consulting, to provide additional consulting services. The Board originally approved $20,000 on 8/15/18. The additional amount needed is $50,000 for a total amount of $70,000. To be paid from General Fund. Requested by Pauline Follansbee.
13. Viva el Español to provide after school enrichment classes at Emerson Elementary for the period from 9/6/18 – 6/30/19. The cost will not exceed $18,240. To be paid from Restricted Donations. Requested by Aaron Jorgensen.
14. Increase in contract, PO#190830, to Sarah’s Science, to provide afterschool enrichment classes at John Muir Elementary. The Board originally approved $16,800 on 9/12/18. The additional amount needed is $8,400 for a total amount of $25,200. To be paid from PTA Donations. Requested by Aaron Jorgensen.
15. Slingerland Institute for Literacy to provide teacher training class and workshop to Berkeley Unified School District for the period from 9/24/18 - 10/5/18. The cost will not exceed $50,587.50. 
    
    To be paid from General Fund. Requested by Maggie Riddle.
16. SEEDS Community Resolution Center, to provide professional development in restorative practices for the District for the period from 10/22/18 – 6/30/19 for a total of $20,400. To be paid from LCAP Funds. Requested by Patricia Saddler. 

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:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        September 26, 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. Berkeley Public Schools Fund donated $7,000 to 17-18 Strategic Impact to Mary Patterson for “Building Staff Capacity” for AVID School wide Implementation.
2. Berkeley High School Development Grant donated $3,937.10 to Berkeley High School staff retreat.
3. Berkeley Public Schools Fund donated $1,901.32 to 18-19 Strategic Impact Grant for BHS Special Education PBIS Pilot.
4. Network for Good donated $1,125.93 to Sylvia Mendez Principal’s Discretionary Fund.
5. Philanthropic Ventures Foundation donated $1,000.00 to Rosa Parks 2^nd grade grant for field trip to the Berkeley Arts Performance “She Persisted”.
6. Berkeley Public Schools Fund donated $12,007 to pay for teacher work for Summer Professional Development in the U9 from 18-784 Grant year 2017-18.
7. Berkeley High School Development Group donated $2,063.67 to Berkeley High School toward salary and benefits.

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 $ 29,035.02 in donations. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        September 26, 2018
SUBJECT: Approve Listing of Warrants issued in August 2018.

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of August is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT: 
$6,005,968.69 for the month of August 2018 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of August 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         September 26, 2018
SUBJECT: Approval of Payroll Warrants Issued in August 2018

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of August 2018.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,172,282.39, for August 2018 from various funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           September 26, 2018
SUBJECT:     Approval of Master Contract for Nonpublic Agency for the 2018-19 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $121,800 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic Agency listed above.

BERKELEY PUBLIC SCHOOLS
Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
Official Minutes
June 13, 2018

President Daniels called the meeting to order at 7:34pm. He reported that the Board convened to Closed Session at 5:33pm.

Roll Call
Board of Education:
Josh Daniels, President – Present
Judy Appel, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Ty Alper, Director -- Present
Uma Nagarajan-Swenson, Student Director, BHS – Present

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

REPORT CLOSED SESSION

President Daniels reported out on closed session:

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations

The Board received an update on this matter and gave direction to staff. No action was taken.

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) Local 21 Negotiations

The Board received an update on this matter and gave direction to staff. No action was taken.

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

The Board received an update on this matter and gave direction to staff. No action was taken.

Public Employment (Government Code Section 54957)
Superintendent
The Board discussed this matter and gave direction to staff. No action was taken.

Executive Director, Facilities
The Board received an update on this matter and gave direction to staff. No action was taken.

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed this matter. No action was taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Appel and Hemphill Consent Items 12.4 and 12.5 were pulled for discussion.
Motion to approve agenda as amended:
Nagarajan-Swenson/Alper and unanimously approved 6-0.

PUBLIC TESTIMONY

A total of 13 people addressed the Board:

• One comment on the LCAP.

• One comment on exiting student data.

• 10 comments in support of the sustainability plan.

• One comment thanking the Board for its service to students.

UNION COMMENTS
BFT President Cathy Campbell shared some of BFT’s thoughts concerning tonight’s proposed LCAP. BFT has emphasized support for mental health, for RTI, for the increased diversity of teaching staff, and support for restorative justice. She thanked the Board for its support in these areas. She asked the Board to consider its investment for the support of mental health.

COMMITTEE COMMENTS
Co-chair to the Parent Advisory Committee (PAC) shared with the Board some of the concerns expressed during the last PAC meeting.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Vice President Appel reported that a decision will soon be reached regarding negotiations between BUSD and COB for the use of the Board Room.

Director Alper thanked Student Director Nagarajan-Swenson for her service to the District and its students. He added that her collegeality has been a true asset and congratulated her on her next chapter.

Director Leyva-Cutler also thanked and congratulated Student Director Nagarajan-Swenson. She referred to the safety plans listed under the consent calendar, saying that it is critical that they explicitly lay out a clear plan on how we respond to an emergency. Next office hours will be on Aug. 20.

Director Hemphill thanked Student Director Nagarajan-Swenson for her service. She congratulated all of the BTA and BHS graduates. She highlighted the new CTE courses listed on consent, and reported that at least one out of every three students in BHS is now enrolled in a CTE course. She added that this is proof of the good work we are doing on expanding opportunities for our students.

Superintendent Evans congratulated all graduating seniors and expressed how proud he is of Student Director Nagarajan-Swenson in the way that she has represented her peers on the Board. He looks forward to hearing about her future success.

President Daniels thanked Student Director Nagarajan-Swenson for her service. He added that her ability to run an entire meeting in such an efficient manner is a unique skill that will take her far. He presented her with a plaque on behalf of the Board.

Director Nagarjan-Swenson shared that her experience serving on the School Board has widened her perspective. She thanked the Board members for welcoming her and supporting her along the way.

CONSENT CALENDAR
Motion to approve the Consent Calendar as amended:
Nagarajan-Swenson/Alper and unanimously approved 6-0.

Local Control and Accountability Plan (LCAP) Public Hearing (8PM) – Discussion
Time allotted: 30 min
Actual time: 55 min

Director of Programs and Special Projects Dr. Saddler presented the LCAP plan for 2018-19. She provided an overview of recommendations for new actions and services which include a .4FTE U9 math coordinator and a restorative practices coordinator, both of which have been approved. Additional proposed services include two additional school welfare and attendance specialist positions in middle and high school and an additional .6FTE at Longfellow for math support, both of which are pending approval. She shared stakeholder feedback relative to the allocation of resources and provided AVID demographics data to illustrate the direct impact of allocated resources to unduplicated students.

President Daniels opened public hearing for this item at 9:04pm.

One comment in support.

Public hearing closed at 9:05pm

Questions and discussion followed.

A majority of the Board expressed support of the proposed new positions. There was concern expressed by President Daniels over whether AVID was directly serving a sufficient number of unduplicated students.

This item will come back for approval at the June 27 Board meeting.

Public Hearing (8:30PM) for Preliminary Budget for Fiscal Year 2018-2019 – Discussion
Time allotted: 30 min
Actual time: 23 min

Assistant Superintendent of Business Services Pauline Follansbee presented the preliminary budget for 2018-19 reflective of the Governor’s May revise. She presented budget projections through 2020-21.

President Daniels opened public hearing for this item a 9:32PM.

There were no comments

Public hearing closed at 9:32pm

Daniels recommended looking into establishing thresholds for reductions of up to $2 million. All Board members except for Director Hemphill expressed support.

A timeline and more explicit language around the direction for SBAC will be presented at the next meeting.

Adoption of Phonics/Phonemic Awareness Program for Grades K-3 – Discussion
Time allotted: 30 min
Actual time: 26 min

Director of K-8 Schools Maggie Riddle presented an overview of the process whereby a Phonics/Phonemic Awareness program was selected to be recommended for adoption in alignment with the District’s goal to have all children reading proficiently by the end of third grade. The adoption process began with a review of eight programs by principals, classroom teachers, sped staff, TSAs and district administrators. Three programs were selected to be piloted by 33 classroom teachers. The piloting period was followed by a debriefing and a survey conducted among piloting and observing teachers. Ultimately, the Fast Track Phonics program is being recommended. If approved, PD will begin in the summer. Questions and discussion followed.

Appel expressed her appreciation that this moves forward.

This item will come back for action at the June 27 Board meeting.

Bond and Special Tax Planning Update – Discussion
Time allotted: 15 min
Actual time: 10 min

Interim Director of Facilities Lew Jones presented a timeline for the special tax planning. He reported that a Superintendent’s planning group created in consultation with Executive Cabinet will begin to convene at the end of June.  Questions and discussion followed.

Items 12.4 and 12.5 Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measures AA and I

Hemphill requested that the vote on these two items be held until CTE is discussed.  She is not comfortable moving forward with approving projects that involve use of CTE funds without first discussing it in the context of the facilities sub-committee. Jones suggested approving everything in this proposal to ensure compliance with timeline, and hold off on the CTE piece only.

Staff agreed to bring back the theatre budgets for approval at the June 27 Board meeting.

Approval of 2018-19 Single Plans for Student Achievement – Action

Motion to approve the 2018-2019 Single Plans for Student Achievement:
Alper/Nagarajan-Swenson and unanimously approved 6-0.

ADJOURNMENT:
11PM

BERKELEY PUBLIC SCHOOLS

President Daniels called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 5:35pm.

Roll Call
Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – Excused
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Ty Alper, Director -- Present

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

REPORT CLOSED SESSION
President Daniels reported out on closed session:

Public Employee Discipline/Dismissal/Release (Government Code Section 54957)

Employee ID No. 5634
This item was pulled.

Conference with Legal Counsel—Existing Litigation (Government Code Section 54956.9(a))

Claim no. LBI1502240
The Board discussed and gave direction to staff. No action was taken.

Claim no. PER1603030
The Board discussed and gave direction to staff. No action was taken.
 
OAH Case No. 2018030397
The Board discussed and gave direction to staff. No action was taken. 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE Negotiations

The Board discussed and gave direction to staff. No action was taken.

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BFT Negotiations

The Board discussed and gave direction to staff. No action was taken.

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) Local 21 Negotiations

The Board discussed and gave direction to staff. No action was taken.

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

The Board had nothing to report on this item.

Public Employment (Government Code Section 54957)

Superintendent
The Board discussed and gave direction to staff. No action was taken. 

Authorize the Superintendent to Appoint Employees During the Board’s Summer Recess
Motion to authorize the Superintendent to appoint employees during the Board’s summer recess:
Daniels/Alper and approved 4-0:

Superintendent’s Evaluation (Government Code Section 54957)
The Board did not discuss this item.

OPEN SESSION 

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Alper/Leyva-Cutler and approved 4-0 

PUBLIC TESTIMONY
A total of two people addressed the Board:
A comment regarding support at Cragmont
A comment regarding the admissions process 

UNION COMMENTS
BFT President Cathy Campbell commented on BUSD’s hiring process and urged the Board to continue to address this matter. She requested that an additional update be provided in September. She also added that while there is some progress detailed in the item, it is not commensurate to the importance of the task. 

BCCE President Paula Phillips announced that this was her last time addressing the School Board as BCCE President. She shared that during her tenure, it seemed that there was never enough time to fully serve her members. She expressed how much she cared about the people she represented, their livelihood, working conditions and collegial relationships. In the face of the Janus verdict, which can threaten classified employees’ ability to advocate for themselves and inadvertently also impacts public education and our students, she stressed that there is much work to do in the years to come. She concluded by remarking that it has been a wonderful ride to serve as the President of BCCE.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler responded to the public comment regarding the admissions process. She requested that staff follow up to ensure families have a good experience.

Director Hemphill congratulated Ms. Phillips on her ten years of serving classified staff as a fierce advocate for BCCE members. She added that her successor will have big shoes to fill. With respect to the public comment regarding the admissions process, she suggested that staff receive professional development around the various living and familial circumstances our families are experiencing.

Director Alper thanked Ms. Phillips for her advocacy on behalf of the District’s lowest paid classified employees who are also the backbone of the District. He added that while all parties haven’t always agreed on every issue, Ms. Phillips’ loyalty to BCCE members has been consistent and will be missed.

President Daniels shared that when he was elected in 2010 Ms. Phillips had already been serving as BCCE President for two years. He remarked that serving in leadership can be an incredibly isolating, frustrating, demanding, and oftentimes unappreciated role, but Ms. Phillips has represented BCCE members well and has led with grace. He moved on to express how disheartening the last couple of days have been for our country and communities in light of the Janus decision, the xenophobic travel ban imposed by the President, and the announcement by Justice Kennedy of his retirement. He added that the fact that the separation of families did not stop because of the law, but rather as a result of people organizing and mobilizing for months shows that it is up to us to do something in order to make a difference. 

Superintendent Evans thanked the parents who spoke tonight. He added that there are many lessons to be learned from the way the District has responded to various past issues. With respect to admissions, he said he would look into its process. He also thanked Ms. Phillips for her work and the difference she made for BCCE members. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Leyva-Cutler approved 4-0. 

Local Control and Accountability Plan
Allotted time:10 min
Actual time: 19 min

Director of Programs and Special Projects, Dr. Pat Saddler opened up her presentation by thanking the Board, the Superintendent’s Cabinet, department staff, and stakeholders for their invaluable input. She stated that the request is for the Board to approve the 2018-19 and 2019-20 LCAP with the following recommendations: 

·      The addition of a .6FTE math support at Longfellow

·      The addition of two welfare and attendance specialists to work closely with the newly created African American student success manager position

Dr. Saddler reported that the additional $12,805 in funding that resulted from the 2017 Governor’s May budget revise was not immediately allocated and remained unspent for the 2017-18 school year. Tonight’s proposal includes a recommendation to allocate the unspent funds to mental health services for the 2018-19 school year. This will result in a $1,000 increase to mental health contracts for each of the eleven K-5 schools which currently receive $12,000 each annually. In alignment with ACOE’s recommendation to districts qualifying for technical assistance, the remaining $1,805 will be invested in the creation of a McKenney-Vento tracking system. Questions and discussion followed.

Motion to approve LCAP:
Daniels/Alper and approved 4-0. 

Approval of Estimated Actuals for 2017-18 and Adopted Budget for 2018-19
Allotted time: 10 min
Actual time: 4 min 

Assistant Superintendent of Business Services Pauline Follansbee said that there are no changes to report since the the preliminary budget was presented on June 13. The adopted budget is now being presented for approval.

Motion to approve the 2017-18 estimated actuals and the 2018-19 adopted budget:
Alper/Daniels and approved 4-0. 

Process and Timeline for 2019-20 Budget Reductions
Allotted time: 30 min
Actual time: 20 min 

Assistant Superintendent of Business Services Pauline Follansbee explained that the Board’s direction to staff at the June 13 School Board meeting was for staff to present a process and timeline for 2018-19 budget cuts. She shared the Superintendent’s Budget Advisory Committee (SBAC) meeting schedule and noted that the goal is to present to the Board all recommendations for $2 million in ongoing reductions before March 15, 2019. Questions and discussion followed. 

Hemphill said this timeline mirrored our recent budget process and expressed her support of it.

Leyva-Cutler added that this process has been transparent and open and will be easy to follow by the new trustees who join the Board in December 

Alper asked for clarity regarding actual cut target if the goal is to identify up to $2 million. This time last year a specific cut target was set for 2017-18 budget reductions.  

Follansbee responded that once the books are closed, a specific cut target can be set.

Alper suggested amending action to include a budget item in August that includes the set cut target for budget reductions.

Daniels urged the Board and staff to stick with $2 million as the cut target and leave any adjustments to cut target at the Board’s discretion pending the condition of the budget.

Superintendent Evans responded that a $2 million cut target is challenging as proven by the 2017-18 budget reduction process. His preference is that budget cut recommendations be presented to the Board well before March in order to give staff whose positions may be impacted a timely notification.

Daniels proposed approaching cuts in $500,000 increments.

Motion to approve the recommendation for ongoing reductions of up to $2 million in $500,000 increments:
Daniels/Leyva-Cutler and approved 4-0.

Update on BUSD’s Hiring
Allotted time: 30 min
Actual time: 32 min 

Assistant Superintendent of Human Resources Evelyn Tamondong-Bradley and Director of Personnel Dr. Brent Daniels presented some of the goals the HR department has revisited since they last updated the Board four months ago. They reported that the hiring timeline has been adjusted to allow for earlier hiring. They have also partnered with position control to update eligibility lists. They reported that 90 first-year teachers were retained. Questions and discussion followed.

Alper requested that another update be shared with the Board in the fall.

Debt Management Policy
Assistant Superintendent of Business Services Pauline Follansbee reported that the Policy Sub-Committee reviewed this policy at its June 22 meeting. She noted that developing this policy was a result of a recommendation from our bond rating agency. Alper added that this first reading of the policy is being presented for approval pursuant to Bylaw 9310. 

Motion to approve the debt management policy:
Hemphill/Daniels and approved 4-0. 

Public Hearing for and Approval of Additional Proposal for Successor Agreement Between the District and the Berkeley Council of Classified Employees (BCCE) - TIme Certain: 9:30

President Daniels opened public hearing at 9:34PM
No one came forward.
President Daniels post public hearing at 9:34 PM

Motion to approve:
Alper/Leyva-Cutler and approved 4-0.

Approve Addendum Extending the Superintendent’s Contract
Daniels explained that the Superintendent’s contract currently runs through 2019.There is a provision within the contract that allows the Board to authorize a one-time extension. The one-time extension is for one year and Will run through June 30, 2020.

Motion to approve the one-time extension of one year to the Superintendent’s contract:
Daniels/Leyva-Cutler and  approved  4-0.

ADJOURNMENT:
9:38 PM

BERKELEY PUBLIC SCHOOLS

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

President Daniels called the meeting to order at 7:33pm. He reported that the Board convened to Closed Session at 6:00pm.

Roll Call
Board of Education:
Josh Daniels, President – Present
Judy Appel, Vice President – Excused
Beatriz Leyva-Cutler, Director/Clerk – Present
Karen Hemphill, Director – Present
Ty Alper, Director -- Present
Arvin Hariri, Student Director, BHS – Present

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

Swearing in of New Student Director
President Daniels swore in BHS student Arvin Hariri.

REPORT CLOSED SESSION
President Daniels reported out on closed session: 

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(a)) – One (1) Potential Case
The Board received update and discussed. No action taken

Public Employment Appointment (Government Code Section 54957)
Principal, Longfellow

Motion to approve the appointment of Stacey Wyatt as the new principal at Longfellow:
Alper/Hemphill and approved 3-0
Josh Daniels, President – Yes
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Absent
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes 

Principal, Early Childhood Education
Motion to approve the appointment of Alicia Magallanes as the new principal for early childhood education:
Alper/Hemphill and approved 3-0
Josh Daniels, President – Yes
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Abstained
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes

Public Employment (Government Code Section 54957)
Executive Director, Facilities
The Board discussed this matter; no action taken. 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) BCCE and BFT Negotiations
The Board received an update and discussed; no action taken. 

Conference with Real Property Negotiators (Government Code Section 54956.8)

District Negotiator: David Soldani, Legal Counsel; Negotiating Party: City of Berkeley; Property: 1231 Addison; Under Negotiation: Status Update
The Board received an update and discussed; no action taken.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Hemphill/Leyva-Cutler and unanimously approved 5-0.

PUBLIC TESTIMONY
A total of eight people addressed the Board:

Three comments in support of the proposed sustainability plan. 

Three comments in opposition to the Judicial Watch’s request 

One comment sharing the success of green dot training. 

One comment in request of a response to a complaint filed earlier this year. 

UNION COMMENTS
BFT President Cathy Campbell commented in response to a PRA request from the Freedom Foundation and asked that BUSD reject this request and not share employee information with outside organization.

Linette Robinson addressed the Board as the newly appointed BCCE President. She commented on negotiations and advocated for increase in compensation for classified staff. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler stated that as we prepare to welcome our students back into our schools, we should keep in mind the various ways in which students experienced their summer break. While some may have had the opportunity to vacation and enjoy a fun summer, others experienced some sadness and hardships. She encouraged staff to show empathy as they greet, acknowledge and interact with students. 

Director Hemphill welcomed back staff and shared that she hopes that all sites are focusing on attendance and are willing to work with families facing obstacles that prevent students from attending school. She added that she looks forward to the U9 and the work directed at improving our math pedagogy. 

President Daniels shared that he had the opportunity to stop by at the annual management retreat where he greeted all of the administrators. He reported that he and the Superintendent met to plan out the remaining seven School Board meetings for this calendar year. He also shared that his son will be starting Kindergarten.

Superintendent Evans welcomed staff back. He reported that the management and principals’ retreats went well. He is looking forward to the first day of school.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Hariri/Alper and unanimously approved 5-0. 

Berkeley Public School Fund Update -Presentation
Allotted time: 15 min
Actual time: 10 min 

Erin Rhoades reported that BPSF has invested $90,000 into Berkeley schools so far. Most recently, their focus has been on finding ways to support BHS math. She added that BPSF plans to partner with organizations to support the New Generation Science Standards (NGSS), 2020 Vision and to expose students to the arts. She looks forward to continued collaboration with BUSD to deliver a high quality education for all students. Questions and appreciative comments followed.

Update on Career Technical Education (CTE) Programs—Discussion
Allotted time: 30 min
Actual time: 43 min 

CTE Director Wyn Skeels reported that the Governor’s final budget yielded two streams of money dedicated to CTE. He presented an overview of the existing sectors, as well as the newly added engineering and design sector, and plans for the facilities that will house CTE offerings. He also reported that there are currently three full sections and all have full sign-ups. Questions and discussion followed.

Opportunities to Apply for and Receive Facilities Funds from the Office of Public School Construction (OPSC) – Discussion
Allotted time: 30 min
Actual time: 15 min 

K-12 Facilities Consultant Bill Savidge presented funding opportunities that BUSD facilities can benefit from. He provided an overview of criteria necessary for BUSD to qualify as a recipient and a modernization eligibility update for the various sites. He clarified that BUSD has only been eligible for modernization funding. The current number of closed facilities disqualifies BUSD from receiving funding to build new facilities. Questions and comments followed.

Pubic Hearing for and Approval of Additional Proposal for Successor Agreement Between the District and Local 21 Professional and Technical Engineers AFL-CIO (Time Certain: 9:30pm)
President Daniels opened public hearing for this item at 9:50 PM.
No one came forward.
President Daniels closed public hearing for this item at 9:50 PM. 

Motion to approve the additional proposal for successor agreement between BUSD and Local 21:
Alper/Hariri and unanimously approved 6-0.

ADJOURNMENT:
9:53PM

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                         Donald Evans, Ed.D., Superintendent
FROM:                   Pasquale Scuderi, Associate Superintendent
PRESENTERS:    Heidi Weber, Principal, Alternative Education Programs
DATE:                   September 26, 2018
SUBJECT:         Update on Leadership Restructuring and Program at Berkeley Technology Academy and Independent Studies

PURPOSE:                   
Provide the Board an update on the opening of school at Independent Study and Berkeley Technology Academy.

BACKGROUND:
Following two Board discussions last school year, separate staff meetings with the BTA and Independent Study faculties in October of 2017, and a public meeting with parents, staff, and community members from both programs on December 4, 2017, the Board approved a staff recommendation to restructure the management of Independent Study and Berkeley Technology Academy; additionally, the proposal included a clarification of the status of Berkeley Technology Academy as a continuation program.

In tonight’s discussion, the Principal for Alternative Education will provide an update on the opening of school for both programs, as well the respective and collective goals that will receive focus early in the school year. 

The report will also include an update on enrollment and staffing for each program. 

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report.

NEXT STEPS:
Update the Board in Spring 

FISCAL IMPACT:
N/A 

RELATED PAST BOARD ITEMS:
January 10, 2018 Board of Education Meeting (item 13.0)

December 6, 2017 Board of Education Meeting (item 15.1)

November 1, 2017 Board of Education Meeting (item 12.1)

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Director of Facilities
DATE:            September 26, 2018
SUBJECT:    Review the Progress of the Sustainability Plan

BACKGROUND INFORMATION:

The School Board has recognized the importance of sustainability and has taken action in the recent past:

• In September, 2007, the Board adopted a Resolution to adopt CA-CHPS (California Collaborative for High Performance Schools), a building standard that addresses green and sustainable protocols and practices in new construction and modernizations.
• In November, 2011, the Board approved a solar master plan.  The District has since installed solar power at seven school sites.
• On June 12, 2013, the Board passed Resolution No. 13-070 regarding waste reduction.  The resulting plan was implemented with good results: recycling rates were increased by 22% and the District saved $60,000 over three years. The plan was discontinued due to budget constraints.
• On June 15, 2016 the Board included language supporting green buildings standards within the District’s Educational Specifications.
• At the November 15, 2017 Board meeting, the Board approved a contract with consultant Susan Silber to create a sustainability plan for the District. 

  In addition to these Board actions, the District supports sustainability in the following ways:

• Beginning in the 1980’s, the Facilities Department eliminated the use of all pesticides and herbicides.
• Since 1992, Berkeley voters have passed three construction bonds.  Because of this, the District has consistently modernized its buildings and updated various systems, such as lighting and plumbing fixtures, to more efficient standards.
• In 2010, ten of the District’s elementary schools received Energy-Star certification.
• In 2015, the District began replacing gas-powered landscaping hand tools with battery-operated tools.  Currently, approximately 75% of hand tools are battery-powered.
• In the past three years, using State energy efficiency funding (Proposition 39), the District replaced its most inefficient lighting with LED fixtures, saving 254,400 kilowatt hours, and $47,544 per year.
• The Maintenance Department has replaced approximately 50% of irrigation controllers with high-efficiency smart controllers.
• The District is beginning the process of evaluating its utility rate plans to ensure all sites are receiving the best rates possible
• The District is in the process of benchmarking utility usage using new energy management software.  This process is approximately 50% complete.

The following steps have occurred to initiate a Sustainability Plan:

• From January through August, 2018, Consultant conducted meetings with parents, teachers, students, staff and community members to capture a broad understanding of their current needs and vision.
• Online surveys were conducted with stakeholder groups
• Consultant met with the Facilities, Safety and Maintenance Oversight Committee, members of Cabinet, City of Berkeley staff, and other local industry experts to gather information and to elicit input
• Consultant met with the Facilities Maintenance Manager on a weekly basis to receive guidance and to provide updates
• Consultant obtained $20,000 in grant money for the implementation of our waste reduction plan

The Consultant will ensure that the following are done before the contract is complete in December 2018:

• Finalize benchmarking utility usage and expenditures in order to further refine goals and measure success
• Reach out to school districts and agencies who have implemented sustainability plans

The Sustainability Plan is still a work in progress.  As constructed, the Plan has eight sections: Green Building Material, Transportation, Water, Energy, Waste Reduction, Nutrition Services, School Yards and Eco-Literacy and Nature-based and Climate Change Education.  It touches most areas of the District.  If achieved, some of the goals can save the District money, some may cost the District money and some may be a re-directing of resources.  The Board may choose to implement goals regardless of cost, may want any projected costs to be put forward at the time the Board adopts them, or may wish to create a Sustainability Committee who would be charged with more fully developing the ideas listed below and have the cost analysis be a part of their charge.  

The goals and vision listed below are the consultant’s recommendations.  Those goals have not been reviewed or commented in any detail by Cabinet or affected departments. 

Green Buildings and Materials

VISION: BUSD buildings will be constructed and maintained in ways that are healthy, safe and sustainable.

Goals:  

1. Evaluate and implement green cleaning standards for all cleaning products.
2. Evaluate the District’s green building practices including green building materials and indoor air quality for new construction and remodeling.
3. Integrate green building assessments and projects into curriculum and professional development.

Transportation

VISION: BUSD transportation shall be non-polluting whenever feasible. Single family car trips shall be reduced to less than 20% by 2025, with 80% of students who live within a 2-mile radius getting to school via Active Transportation (walking and bicycling).

Goals:

1. Work with the City of Berkeley to prioritize Safe Routes to Schools infrastructure projects that support safer bicycling and walking routes.
2. Convert at least 50% of all school buses to electric buses by 2030.
3. Partner with Safe Routes to Schools to encourage/prioritize non-motorized and active transportation for students.
4. Integrate transportation as a core topic into relevant subjects.

Water

VISION: Reduce water usage by 15% by 2030. 

Goals:

1. Assess buildings and school sites for water conservation projects, with action taken for each assessment, including maximum-efficiency fixtures, landscape transformation to drought-tolerant plants, and conservation programs.
2. Provide professional development and other opportunities to integrate water conservation themes into curriculum and service learning projects.
3. Develop projects to keep water onsite to conserve and increase storm water management, including bioswales, rain gardens and other green infrastructure projects. Collaborate with teachers to develop and implement these projects as part of classroom learning.

Energy

VISION: Achieve carbon neutrality by 2050, with at least a 15% reduction in energy use by 2025.

Goals:

1. Assess buildings for efficiency and prioritize efficiency projects that can be paid for through the 2020 Facilities Bond measure.
2. Using the Solar Master Plan as a guide, prioritize solar energy systems in the 2020 Facilities bond measure.
3. Integrate lessons about energy (fossil fuel consumption, conservation, renewable energy carriers), and implement at District-wide Turn It Off Campaign with students, with part of the savings going directly back to schools.
4. Begin to switch gas appliances to electric during modernizations or new construction by 2025. 
5. Switch all gas appliances to electric by 2050.

Waste Reduction

VISION: 80% diversion rate by 2025.

Goals:

1. Reduce cafeteria waste by 90%, with strategies including lunchtime monitor programs, reusable utensils and TerraCycle.
2. Reduce classroom/building, after school program and school events waste by 90%.
3. Educate BUSD staff and community (staff, parents) about the 4 R’s and encourage a culture of zero waste and educate through District-wide Zero Waste Challenges, audits, lesson plans, PTA presentations, professional development and custodian training sessions.

Nutrition Services

VISION: Use organic, local and humane food in BUSD cafeterias wherever practicable.

Goals:

1. Assess the current Food Services practices and school gardens and promote their innovative practices which include cooking from scratch and successful school garden programs.
2. Adopt the Good Food Purchasing Policy to encourage cafeteria food that is organic, humane and local.
3. Update the Wellness Policy to include bold language related to the health of our children, the environment and sustainable practices.
4. Provide opportunities outside of garden programs to integrate food justice and healthy foods to students and parents, including a CTE food justice pathway, field trips, service learning and internship opportunities to local farms and non-profit organizations, and presentations about healthy foods to PTA’s.
5. Collaborate with Nutrition Services Department to phase out plastic utensils and switch to reusables.

Schoolyards

VISION: BUSD school grounds are dynamic, multi-use, nature-filled public spaces that improve the well-being of children and the environment at the same time. 

Goals:

1. Assess individual schoolyards for their functions as environmentally-friendly and nature-based places, including the school garden program. 
2. Integrate smaller schoolyard projects into science and other classes to encourage project-based and hands-on learning, including pollinator gardens, Food Forests, natural building projects and sheet mulching.   
3. Develop a long-term policy and funding sources for schoolyards that integrates outdoor classrooms.

Eco-Literacy and Nature-based and Climate Change Education

VISION: All students are environmentally-literate, exposed to nature-based instruction and educated about climate change solutions.

Goals:  

1. Sustainability Coordinators support the writing of a comprehensive Eco-literacy plan that outlines a scope and sequence strategy to integrate environmental and climate change topics across all subject matters (e.g., history, Economics, science, English, etc.), in all grade levels.
2. Environmental topics are integrated into professional development opportunities for BUSD teaching staff.
3. Students participate in at least one nature-based field trip at each grade level.
4. All middle and high school students receive at least one lesson or academic experience in climate change each year.

FISCAL IMPACT:
There is no fiscal impact from this presentation.  At the November 14, 2018 meeting, a more detailed plan will go to the Board in which there may be recommendations with fiscal impact increasing or decreasing costs.  

RECOMMENDATION:
Provide feedback on the initial draft of the Sustainability Plan.  Consider whether the District will implement some, none or all items listed.  Create a Sustainability Committee to further develop the plan.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed.D., Superintendent
FROM:         Pauline Follansbee, Interim Assistant Superintendent
DATE:          September 26, 2018
SUBJECT:   Notice of Violation for REALM Charter School

PURPOSE: 
To issue a Notice of Violation (NOV) to REALM Charter School, which must be approved by the Board in open session. In accordance with the California Code   of Regulations section 11968 5.2 Subsection (a), REALM has been provided with a copy of the Notice and supporting documentation 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 School on the grounds that it failed to comply with the Education Code provisions governing the location or establishment of school sites, including Education Code 47605.1(d)’s notice and location requirements, which only allow a charter school to locate outside of the District to a location within the county.

REALM’s site is in Contra Costa County, not Alameda County.  In addition, the District has no evidence that REALM complied with any of the notice requirements in Education Code 47605.1(d).

Ed. Code 47605(a)(4) also requires REALM to seek a material revision of its charter before establishing its new site, which REALM failed to do.  There is no exemption from these requirements for a temporary or interim site, as Education Code 47605.1(d) expressly references temporary sites.

NEXT STEPS
The District provides the Charter School with a remedy period ending Friday, October 5, 2018 in which to provide a written response to this Notice of Violation. In its written response, the Charter School must address the violations addressed herein and identify remedial steps in all of the areas raised in the Notice of Violation.

Please take notice that the District reserves the right to pursue revocation if the Charter School fails to remedy any or all of the violations listed above.  Therefore, the District intends to issue a Notice of Intent to Revoke in the event that the Charter School fails to remedy any or all of the violations set forth in this notice.

Under Cal. Admin. Code tit. 5, §11968.5.2(c) and (d), the District will evaluate the Charter School’s written response to this Notice of Violation, and, in light of Charter School’s identified remedial measures, will consider whether to proceed with the revocation of the Charter School’s charter.

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 twenty eight 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:
There is no fiscal impact

RELATED PAST BOARD ITEMS

February 7, 2018 Action Item 16 Approval to issue Notice of Violation to REALM Middle School

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:              Board of Education
FROM:          Donald Evans, Ed.D., Superintendent  
DATE:            September 26, 2018|
SUBJECT:    One Year Evaluation of the Facilities Sub-Committee

BACKGROUND INFORMATION:
The District created the Facilities Sub-Committee on September 13, 2017.  A year after its creation is a good time to review and evaluate the value of the Sub-Committee and the evolution of its review process.   It is important to remember that the prime purpose for creating the Sub-Committee was to allow for a deeper discussion of facilities items prior to items being forwarded to the Board. 

The Sub-Committee generally meets at 9 AM on the Wednesday before the Board Meeting that facilities items are forwarded to the Board.  The timing of the Meeting holds some challenges to receiving broad public input.  In addition, the timing of the Agenda preparation makes it impossible for the Superintendent’s Agenda review team to review Sub-Committee Agenda documents.  Consideration may be made to conducting meetings at a different time or date and possibly having the Superintendent’s Agenda review being conducted in advance of the meeting (perhaps two weeks earlier).

The Sub-Committee has sometimes reviewed all facilities items to be recommended to the Board and has sometimes only reviewed large scale or time intensive items.  It appears that in the past few months, the very small items are no longer being reviewed by the Sub-Committee.  This trend is a positive approach and should be institutionalized. 

The administration should put a document before the full Board proposing dates and topics to be presented at the Sub-Committee Meetings.  The full Board can accept the proposal or amend it to have more or fewer items reviewed by the Sub-Committee.  Doing this at a televised Board Meeting with Board Meeting Minutes can help with transparency so that members of the public who are interested in a particular subject matter can know in advance which Sub-Committee Meeting to attend.

The Sub-Committee is an important arm of the Board.  It would increase transparency if the Sub-Committee was listed on the full Board Agenda and that there was a report from the Sub-Committee to the Board at a regular Board Meeting.  This could be done separately or in conjunction with Board Member comments.  

Generally, the Sub-Committee has been providing a great service to the Board and I hope it will continue to do so in the future with some minor improvements.

RECOMMENDATION:
Review and provide any feedback on the proposed improvements.   

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:          Donald Evans, Ed.D., Superintendent  
DATE:             September 26, 2018
SUBJECT:    One Year Evaluation of the Developer Fee Program  

BACKGROUND INFORMATION:

The District began assessing developer fees on June 8, 2018. A year after implementation is a good time to review and evaluate the process. 

The initial process permitted applicants to show up unannounced anytime from 8-3 on a regular business day.  Applicants were sent to 1720 Oregon Street.  At some point the Facilities Analyst became the person responsible for reviewing applications.  Her office is at 1707 Russell Street.

In the early stages we received concerns about the effective date of the fees.  Some applicants were in the middle of their project and felt blindsided by the new fee.  We have also received one complaint several months ago.  The complaint concerned the incorrect address on the form and also that the applicant could not get her application processed because the Facility Analyst was not present when the applicant arrived. 

On July 17^th, BUSD and the City of Berkeley met to discuss ways to improve our process.  As a result of that meeting we revised our process and notification.  We have attached the revised notification.  The notification improved our process in a number of ways:

1. We changed the address from 1720 Oregon Street to 1707 Russell;
2. We required that appointments be made; and,
3. We required documents to be submitted electronically.

These changes permit us to exempt projects below the threshold without an applicant coming to our offices, direct people to the proper address, ensure that the Facility Analyst will be available and can have the review process completed in advance, reducing the time the applicant must spend at our offices.  

There are a number of future steps which could be considered:

1.  We have asked the City to provide a cost for collecting the fees.  It is very likely that the cost will exceed the maximum 3% permissible administrative fee, but it would be helpful to know this for sure, as obviously if the City collected the fees it further reduces the applicant’s time (truly a one stop shop);   
2. BUSD may at some point want to consider charging a portion of the Facility Analyst’s time to process applications; 
3. The current enabling resolution permits the CBO to review appeals for commercial property – the only appeal of residential fees is to the Board.  The Board may want to consider a threshold of administrative appeal for residential fees; and,   
4. The Board may want to consider having more than one staff member knowledgeable in determining appropriate fees.

Developer fees can be spent on construction project, however, the following are things you cannot spend developer fees on:

1. Regular maintenance or routine repair;
2. Inspection and sampling of asbestos except in very unique circumstances; and,
3. Deferred maintenance (section 17582)
   1. Major repair to
      1. Plumbing;
      2. Heating;
      3. Air conditioning;
      4. Electrical;
      5. Roofing;
      6. Flooring;
      7. Interior or exterior paint;
      8. Encapsulate or removal of asbestos; and,
      9. Sampling or encapsulating or removing lead based paint or lead materials

BUSD could potentially spend funds on projects such as the Oxford multi-purpose, probably any of the CTE projects, including the Longfellow maker space, the elementary café/kitchen project, the G 107 and G 109 remodel (old BCM space), possible part of the Community Theater project and possibly a few others.  The Longfellow maker space appears to be a good candidate, but no recommendation is being made at this time. 

The available funds as of August 31, 2018 is approximately $245,000.  We are receiving almost $15,000 per month. 

FISCAL IMPACT:
No impact to this review.  Potential use of the funds could assist the building program.    

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.