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:       October 10, 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:        Pasquale Scuderi, Assistant Superintendent, Educational Services
DATE:         October 10, 2018
SUBJECT:  Out-of-State Travel Request

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

Seventh International Conference on Immersion and Dual Language Education in Charlotte, NC, February 7-9, 2019
Approval for one staff member from Ecole Bilingue de Berkeley School to attend this three day, two night immersion and dual language education conference which will provide the Ecole Bilingue de Berkeley’s staff member the opportunity to attend presentations and workshops to support Ecole Bilingue de Berkeley’s French and English speaking teachers’ education in immersion and dual language.  Requested by Pat Saddler, Director of Programs and Special Projects.  Travel and conference cost will be paid by Title II, A Nonprofit Private School Equitable Services Funds 

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:        Patricia Saddler, Director, Programs and Special Projects
DATE:         October 10, 2018
SUBJECT:   2018-19 Parent Advisory Committee Members for the Local Control and Accountability Plan and meeting schedule

BACKGROUND INFORMATION:
Staff is presenting to the Board the members of the 2018-19 Parent Advisory Committee (PAC), which is required to review, provide input and comment on the Local Control and Accountability Plan (LCAP).  In accordance with Board Policy 0460, Principals have submitted the names of parent/guardian representatives to Staff and the Superintendent. The following list of representatives incorporates new two-year service terms at the elementary level. Berkeley Technology is currently searching for a parent representative.  If a vacancy occurs, the Superintendent may replace a PAC member without requiring Board approval. A disruptive or habitually absent member of the PAC may be removed by the Superintendent or by a two-thirds' vote of the PAC.

BUSD Parent Advisory Committee 2018-19:

The PAC includes members who represent the priority groups identified by the state: English learners, students who qualify for the National School Lunch Program, and foster youth.  In addition, staff has ensured that parents of African-American students and parents of students who have qualified for Special Education services have been included on the PAC.

As the year commences for the Parent Advisory Committee, here are important dates:

Meetings: (Third Thursday of each Month)

10/ 18 – PAC Orientation

11/15

1/17

2/21

3/21

4/18

5/16

All meetings will be held at 2020 Bonar Street, Room #126, at 6:30 pm. Childcare will be provided.  

STAFF RECOMMENDATION:
Receive membership of the Parent Advisory Committee for the Local Control and Accountability Plan for information.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:          Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Education Services
Patricia Saddler, Director, Programs and Special Projects
DATE:         October 10, 2018
SUBJECT:   Approval of Additional LCAP Supplemental Funds Proposal for 2018-19

BACKGROUND INFORMATION:
Here are the recommendations for additional actions and services for additional LCAP Supplemental funds for the 2018-19.  There is $325,409 available. Principals were asked to submit proposals for one time funding. The proposals were reviewed at a special PAC Meeting on 9/27/18.  Additionally, the proposals were reviewed by Ed Services.

These recommendations are being submitted for approval.  Once approved, the LCAP plan will be amended to incorporate these new actions and services coupled with appropriate metrics and measurable outcomes.

These recommendations are being submitted for approval.  Once approved, the LCAP plan will be amended to incorporate these new actions and services coupled with appropriate metrics and measurable outcomes.  

POLICY/CODE:
BP 0460

FISCAL IMPACT:
$325,409.

STAFF RECOMMENDATION:
Receive recommended expenditures for the additional LCAP Supplemental Funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:          October 10, 2018
SUBJECT:    Approve Sole Sourcing District Hardware and Resolution Number 19-003

BACKGROUND INFORMATION:
School districts can be challenged by contractors if they state that there are no known equals to a specified product.  While BUSD has exclusively utilized Allegion (Schlage/Von Duprin) and Precision hardware for all District locks for two decades and has never been challenged, the prudent course of action is to have the Board adopt a resolution to require a single source product.  In our current push to provide columbine-style locks at all sites, we researched whether the Board had ever approved Allegion (Schlage/Von Duprin) and Precision hardware as a sole source product and we could not find a resolution on file.   While we are unlikely to be challenged on the security project or other subsequent products, in an abundance of caution, staff is recommending that the following resolution be approved by the Board.  Having specified certain types of locks is normal for school districts as it limits the amount of keys that are needed and can minimize some maintenance expenses. 

FISCAL IMPACT:
Cost of award by this action: No substantive cost to the action, and it may prevent additional maintenance costs

RECOMMENDATION:
Approve Resolution 19-003

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Board of Education 
FROM:          Josh Daniels, President
DATE:          October 10, 2018
SUBJECT:     Resolution 19-004 in Support of Measure O, General Obligation Bond for Affordable Housing

BACKGROUND INFORMATION:
Measure O is a ballot initiative on the November 2018 ballot that will raise $135 million “to create and preserve affordable housing for low-income households, working families, and individuals including teachers, seniors, veterans, the homeless, and persons with disabilities.” Measure O would also be “subject to citizen oversight and independent audits.”

Attached is Resolution 19-004 in support of Measure O. If enacted, would help create affordable housing for those in needs, including BUSD families, and offers one possibility to help finance BUSD employee housing.

BOARD MEMBER RECOMMENDATION:
Approve Resolution 19-004 in Support of Measure O, General Obligation Bond for Affordable Housing.

FISCAL IMPACT:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        October 10, 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. Your Cause Corporate Employee Giving Program donated $40. to Thousand Oaks Elementary School.
2. Your Cause Corporate Employee Giving Program donated $40. to Thousand Oaks Elementary School.
3. Philanthropic Ventures Foundation donated $1000. to Shorebird Nature Field Trip Registration.
4. Philanthropic Ventures Foundation donated $500. to materials and supplies for Special Education program to Cragmont School.
5. Cragmont PTA donated $2,969.87 for classroom materials at Cragmont School.
6. Cragmont PTA donated $2,400.00 to Kinder singing teacher at Cragmont School.
7. The Walt Disney Company Foundation donated $740. to Rosa Parks Principal’s Discretionary Account.
8. Philanthropic Ventures Foundation donated $500. to Rosa Parks Principal’s Discretionary Fund.
9. Lesley Tilley donated $130. to Rosa Parks Principal’s Discretionary Account.
10. Philanthropic Ventures Foundation donated $1,000. 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 $ 9,319.87 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        October 10, 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. Dan Saski to provide after school enrichment classes at Jefferson Elementary School for the period from 9/5/18 - 6/1/19. The cost will not exceed $10,120. To be paid from PTA Donations. Requested by Aaron Jorgensen.
2. The Mosaic Project, to provide food, lodging and curriculum for Rosa Parks students while on a field trip to the Mosaic Camp for the period from 5/1/19 - 6/1/19. The cost will not exceed $20,280. To be paid from Restricted Donations. Requested by Paco Furlan.
3. Increase in contract, PO#190089, to Airteks, to provide HVAC services for the maintenance department. The Board originally approved $20,000 on 6/27/18. The additional amount needed is $20,000 for a total amount of $40,000. To be paid from Measure H. Requested by Steve Collins.
4. Increase in contract, PO#190651 with Michael’s Transportation, to provide buses for Berkeley High School athletic travel. The original amount of $9,000 was issued on 8/30/18. The additional amount requested is $20,000 for a total amount of $29,000. To be paid for by General Funds. Requested by Britta Fjelstrom.
5. Lisa Krones-Whalen to provide art instruction coaching for Rosa Parks Visual Arts for the period from 9/4/18 - 6/14/19. The cost will not exceed $12,000. To be paid from Restricted Donation and BSEP Fund. Requested by Peter Gidlund.
6. Stanley Convergent Security Solutions, to provide software monitoring services to the district for the period from 10/1/18 - 6/30/19 with an additional 2 year term expiring 6/30/21. The total cost will not exceed $29,148. To be paid from General Fund. Requested by Greg Williams. 
   

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:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           October 10, 2018
SUBJECT:     Approval of Master Contract for Nonpublic Agency Services 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 $3,730,242.80 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 UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D, Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           October 10, 2018
SUBJECT:     Approval of Master Contract for Nonpublic School Services 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 $ 900,296.78 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 School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent
PRESENTER: Kamar O’Guinn, Manager, African-American Success Project
DATE:      October 12, 2018
SUBJECT:    Update on the African-American Success Project

PURPOSE:
Update the Board on the ongoing design and early implementation of the program.

BACKGROUND:
On May 17, 2017 the Board approved a classified manager position as part of the Local Control Accountability Plan (LCAP). After a subsequent approval process involving the Merit Commission, as well as refinements to a job description that position was filled in July of 2018.

Tonight, following our first 12 weeks, our program manager will update the Board on design developments and the early implementation of the program.

The project manager’s update will include theory of action, long range planning and goals for the program, integration and collaboration with existing supports, as well as the criteria used to select participating students.

Original Background and Rationale for the Position

Direct Support and Program Development for African American Students

Given persistent challenges and disparities in outcomes for black students, the Educational Services team sought to develop an intensive support system for African-American students throughout BUSD. While we must be cautious about assumptions that paint all African-American students into the same categories, many of these students, our students, continue to find themselves disproportionately impacted by or involved in a broad range of negative outcomes across our district.

While outcomes like graduation rates and state math performance show African-American males in BUSD outperforming their counterparts across the county and state, those comparative gains are still well below many non-black peers and other ethnic groups across the district constituting a significant disparity or gap in outcomes that warrants continued and sustained attention.

These challenges facing black students are evidenced nationally in drop out rates, general struggles in school, contact with the police or the juvenile justice system, and in over-identification for special education services as well as a host of other disparities.

Inspired by both a desire to become increasingly specific and focused on the issues as they impact black students, as well as by recent research on programs yielding positive gains and impact, Educational Services is recommending the creation of a position with the working title of African American Student Success - Project Manager.

This position, a classified position, would be tasked with developing cohorts for support in grades 7 through 10 to, in part, develop programs similar to those found in the most current research. In particular, around work done in the Becoming a Man (BAM) program in Chicago which has shown reductions in negative behaviors and contacts with law enforcement as well as gains in school engagement and graduation rates by coupling culturally specific supports with coping skills rooted in the psychology of automaticity .

To quote a recent Washington Post article on the program, while in the face of these challenges, "policymakers have increasingly rallied around early childhood interventions that might alter the life trajectories of young boys well before they ever become young men. But that is, of course, not a solution that will help men of color already drifting." We believe that comparable challenges exist for our female students as well and the position will help to coordinate supports for female students of African descent in the grade ranges focused on below.  

https://www.washingtonpost.com/news/wonk/wp/2015/06/03/young-black-men-face-daunting-odds-in-life-these-programs-can-help/?utm_term=.b06d2f6802ae

This position would focus exclusively on developing and coordinating supports and mentoring for kids in grades 7 through 10 during the school day, as well as to develop and facilitate groups like the Chicago program referenced above.

Coupled with a strong, skills-based program like AVID, we could build, with this position’s  leadership, a multifunction program that provides cultural support, coping strategies, and strong academic supports exclusively to this group of  students.

FISCAL IMPACT:
Currently $125,000 in LCAP Supplemental Funding for the project manager, as well as $130,000 for Student Welfare and Attendance staff.

STAFF RECOMMENDATION:
Receive the update.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Directors
FROM:        Josh Daniels, President
DATE:          October 10, 2018
SUBJECT:    Update on Possibilities for Financing Educator Housing and Information on City of Berkeley Measure O

PURPOSE:
To receive an update on Measure O, an affordable housing bond measure, that includes the possibility of financing for District employee housing.

BACKGROUND:
The School Board first discussed the issue of employee housing in March 2017. At that meeting, the School Board directed staff to conduct a preliminary analysis of the issue, including potential sites and identifying legal, financial, and operational issues that would need to be addressed.

In August 2017, staff presented its preliminary analysis as follows:

• The District owned four potential sites on which significant housing units could be built without the need for a zoning adjustment. The number of units that could be built varied from 50 to 200 and the cost ranged from $32 million to $74 million. The sites were identified for illustrative purposes and no recommendation to pursue a site was made or discussed.
• It was legally feasible for the District to finance and build rental units but not units for employees to own.
• The financing options worth exploring further included state tax credits, the Alameda County Affordable Housing Bond (Measure A1, 2016), the City of Berkeley Housing Trust Fund, and a local housing bond.
• A survey was recommended to determine whether there was a need among employees for low-rent housing units and to provide further information regarding the nature of the need, if any.

The School Board directed that the recommended survey be conducted. Staff contracted with the UC Berkeley Center for Cities & Schools to help write and analyze the survey. The survey was administered both online and in-person in October 2017 to BUSD employees. Over 800 employees responded, which corresponds to a response rate of over 60% of all district employees.

In December 2017, District staff along with representatives from the Center for Cities & Schools presented the results of the survey to the Board. The key results included the following:

• Employees who don’t own their homes are experiencing financial pressures due to high housing costs, which could impact their ability to stay with BUSD long-term
• There is significant interest in BUSD housing among renters
• BUSD housing would help recruit and retain employees

After discussing the results and analysis of the survey, the Board voiced their support regarding the need for employee housing. The Board then discussed potential methods to finance such housing: a BUSD bond measure, a City of Berkeley bond measure, or a public-private partnership. After much discussion, the Board did not feel able to take up the issue immediately due to competing priorities, limited administrative resources, and funding concerns but did direct that funding for employee housing should be considered, but not require, to be part of a possible 2020 facilities bond measure. 

In early 2017, Mayor Arreguin convened a Housing Task Force to address the pressing issue of affordable housing. District employee housing was among the many ideas being considered and President Daniels was invited to participate. One of the recommendations that resulted from the Task Force this convening was to place a bond measure in support of affordable housing on the November 2018 ballot. 

Mayor Arreguin brought this idea before the City Council where it was received favorably. The community was then polled twice as the direction of the Council and the results showed that a substantial majority of those surveyed would support such a measure. In July, the City Council voted to place an affordable housing bond measure, which has since been titled Measure O, on the November 2018 ballot. 

The full ballot question for Measure O reads: "Shall the measure to issue $135 million in general obligation bonds to create and preserve affordable housing for low-income households, working families, and individuals including teachers, seniors, veterans, the homeless, and persons with disabilities; subject to citizen oversight and independent audits, be adopted?"

Given the possibility that Measure O, if it passes, could potentially support District employee housing, this item was placed on the agenda to inform the Board and the public about Measure O. President Daniels has invited the Mayor to present to the Board on Measure O as part of the item.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive update and discuss as deemed appropriate by the Board.

NEXT STEPS:
Separate from the work of the Mayor and the City, a local community group known as Berkeley Housing Opportunities for Municipal Employees (BeHOME), has been working explicitly on the idea of BUSD educator housing. They have convened two workgroup sessions and invited district employees, city staff, BFT & BCCE union representatives, experts in affordable housing, and public finance to attend and participate.  They have also met separately with District staff and Board members to better understand the specific needs and challenges. They were unable to attend this meeting but will provide the Board with an update at a subsequent meeting.

FISCAL IMPACT:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       School Board       
FROM:       Judy Appel, Vice President
Donald Evans, Superintendent
DATE:     October 10, 2018
SUBJECT:    Approval of Agreement with the City of Berkeley for Use of the Board Room Chambers 

BACKGROUND INFORMATION:
Berkeley Unified School District and Berkeley City Council have a history of sharing facilities to hold meetings of their elected bodies and to host public meetings.  Prior to the construction of the BUSD Board Board Room at 1231 Addison Street in 2013, the District held its board meetings at the Old City Hall Council Chambers, in the chamber that still houses the City Council’s meeting.

In the summer of 2010, the City of Berkeley approached the District to explore the possibility of sharing the new Board Room facility that the District was renovating, located at 1231 Addison, on the side of the District Offices at 2020 Bonar. As a part of these discussions, there was verbal understanding that the dias would be built to accommodate the needs of the City Council, and that the District would City would split the costs of renovation.  In January 2012, the City Council decided not to pursue shared use of the Board Room. The District moved forward with the completion of the Board room, and decided to include the larger dias in case a future need arose. The new Board Room was completed on June 25, 2014.

On June 23, 2015, the City Council passed a resolution expressing interest in using the District’s Board Room for its meetings on a pilot basis from September 15, 2015 to November 11, 2015.  The School Board agreed to that pilot, followed by an evaluation of the impact of the City’s use on the facility. Both parties greed that the pilot was successful.

After months of discussion, Berkeley Unified School District and the City of Berkeley have reached an agreement to share the Board Room at 1231 Addison Street.  The agreement details a lump sum of $600,000 to reimburse the district for a portion of the construction cost, a per use fee to cover the actual costs of the meetings and improvements required by the City of Berkeley for use of the facility for public meetings.

RECOMMENDATION:
Approve the final agreement between BUSD and the City of Berkeley for the of the Board Room.

RELATED PAST ITEMS:
August 26, 2015 - Item 12.1. Approval of Process for Berkeley City Council’s Request for Use of BUSD Board Room

September 30, 2015 - Item 13.4. Berkeley City Council's Request for Use of Board Room 

October 14, 2015 - Item 13.4. Committee Report-Back on Berkeley City Council’s Request for Use of Board Room 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:            October 10, 2018
SUBJECT:    Facilities Masterplan Information 

BACKGROUND INFORMATION:
On June 13, 2018, the Board hired HY Architects to help develop a District Facilities Masterplan.  Since then, the facilities assessments have been completed, several meetings were held with the Superintendent’s Work Group, one meeting with the Facilities Sub-Committee, meetings with many departments and meetings set with some school sites. 

On October 3, 2018, a presentation was made to the Facilities Sub-Committee.  We are providing a copy of the presentation made to that body. 

FISCAL IMPACT:
N/A

RECOMMENDATION:
Accept this report.

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.