The Presiding Officer will call the meeting to order at 6:00 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:45 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 24, 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, Associate Superintendent, Education Services
Patricia Saddler, Director, Programs and Special Projects
DATE:         October 24, 2018
SUBJECT:   Approval of Additional LCAP Supplemental Funds Proposal for 2018-19

BACKGROUND INFORMATION:
In August of 2018, staff reviewed with the Board, unspent LCAP Supplemental Funds from 2017-18 totaling $325,409. Staff received direction to develop proposals for what will serve, in essence, as one-time funding to support students who are foster youth, receiving free or reduced lunch, or who are English language learners.

DETAIL OF 17-18 LCAP SUPPLEMENTAL CARRYOVER BALANCE BY ACTION AND SERVICE

The carryover funds were the result of unspent or underspent balances for actions and services in the LCAP Supplemental budget. Details are included in the chart below.

Given the availability of these funds, staff solicited ideas for one-time proposals through principals.

There were 14 proposals submitted for consideration for these one-time funds.

Several of the proposals that were submitted for summer learning have been combined with the concurrent request from the Extended Learning Task Force to provide one-time funding to develop and implement a more robust series of summer learning or credit recovery opportunities.

What follows are the Staff recommendations for additional actions and services for the additional LCAP Supplemental funds for the 2018-19 based on the aforementioned carryover balance of $325,409.

These proposals were reviewed at a Parent Advisory Committee (PAC) Meeting on 9/27/18 and an Educators Advisory Committee (EAC) meeting on 10/15/18.

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:          Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          October 24, 2018
SUBJECT:   Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested: 

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, November 1-2, 2018
Approve participation of sixty 10^th grade CAS students, six teachers and no 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, November 1^st at 9:30 a.m., and return Friday, November 2, 2018 at 1:30 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 $145.00 per student will be paid for by parent donations and CPA grants. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal.

Pt. Bonita Retreat Center BHS-CAS, Sausalito, CA, December 13-14, 2018
Approve participation of sixty 11^th grade CAS students, six teachers and no 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, December 13^th at 9:30 a.m., and return Friday, December 14, 2018 at 1:30 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 $145.00 per student will be paid for by parent donations 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-CAS, Sausalito, CA, March 7-8, 2019
Approve participation of sixty 12^th grade CAS students, six teachers and no 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 7^th at 9:30 a.m., and return Friday, March 8, 2019 at 1:30 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 $145.00 per student will be paid for by parent donations 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:             School Board
FROM:         Donald Evans, Ed.D., Superintendent
DATE:          October 24, 2018
SUBJECT:   Ratification of Out-of-State Travel Request

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

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:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        October 24, 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. Lifelong Medical Care/Rosa Parks Collaborative to provide family resource center services for Rosa Parks from 8/31/18 - 6/30/19. The cost will not exceed $78,800. To be paid from Restricted Donations and BSEP Measure Fund. Requested by Paco Furlan
2. Lifelong Medical Care to provide supervision and implementation of the Super Science Saturdays program at Washington Elemenary and Rosa Parks Elementary schools for the period from 2/3/18 - 3/30/18. The cost will not exceed $39,100. To be paid from General Fund. Requested by Patricia Saddler.
3. Niroga Institute to provide Mindfulness Academy and Peer Educator training to the District for the period from 9/7/18 – 6/30/19. The cost will not exceed $30,000. To be paid from General Fund. Requested by Patricia Saddler.
4. Julie Crothers to provide activities to build and improve motor skills, physical self-expression and vocabulary development at Washington Elementary for the period from 6/15/18 – 6/30/19. The cost will not exceed $13,600. To be paid from Restricted Donations.
5. Lisa Zeiler to provide Character Development Enrichment Program at Thousand Oaks Elementary for the period from 9/1/18 – 6/14/19. The cost will not exceed $14,280. To be paid from General Fund. Requested by Jecqueline Parker.
6. Jennifer Lynn-Whaley to provide workshops, professional development and leadership around restorative practices and positive behavioral supports for the period from 11/1/18 – 6/28/19.The cost will not exceed $15,000. To be paid from General Fund. Requested by Patricia Saddler.
7. Anne R. Macmillan to provide educational audiology services and hearing assistance technology to Special Education Dept. for the period from 8/27/18 – 6/28/19. The cost will not exceed $28,800. To be paid from General Fund. Requested by Jan Hamilton.
8. Moran Engineering to provide survey and underground survey for Berkeley Community Theater project for Facilities Department. The cost will not exceed $23,000. To be paid from Measure I. Requested by Lew Jones.
9. Van Pelt Construction Services to provide project and construction management services for Rosa Parks temporary housing for Facilities Department. The cost will not exceed $43,000. To be paid from Measure I. Requested by Lew Jones.
10. Increase in contract, PO#190673, to David Callahan Inspection, to provide required DSA inspection for the CTE projects at BHS and BAS. The board approved $65,056 on 3/28/18. The additional amount needed is $25,000 for a total amount of $85,056. To be paid from Measure I. Requested by Lew Jones.
11. Increase in contract, PO#190793, to Construction Testing Services, to provide required DSA inspection for the CTE projects at BHS and BAS. The board approved $11,165 on 5/9/18. The additional amount needed is $12,000 for a total amount of $23,165. To be paid from Measure I. Requested by Lew Jones.
12. Increase in contract, PO#190054, to Knorr Systems, Inc., to provide pool repair services for the Maintenance Department.  The Board originally  approved $38,782.88 on 6/27/18.  The additional amount needed is $21,217.12 for a total amount of $60,000.  To be paid from Measure H.  Requested by Steve Collins.   

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent  Business Services
DATE:        October 24, 2018
SUBJECT: Approve Listing of Warrants issued in September  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 September is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,775,963.21 for the month of September 2018 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         October 24, 2018
SUBJECT: Approval of Payroll Warrants Issued in September 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 September 2018.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,026,948.92, for September 2018 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in September 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        October 24, 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. Growing Willard donated $32,602.67 to FY 18-19 Operating Budget.
2. Berkeley Public Schools Fund donated $680 for the design team.Strategic Impact Grant 18-763.
3. Philanthropic Ventures donated $470 for sensory tools for special needs students.
4. Cragmont PTA donated $50,000 to Cragmont PTA  for 2018-19 Art Instruction.

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 $ 83,752.67 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent of Business Services
DATE:             October 24, 2018
SUBJECT:      Electric School Bus Grant Application with Carl Moyer Program, Bay Area Air Quality Management District       

BACKGROUND INFORMATION:
The Berkeley Unified School District has a demonstrated commitment to replacing older school buses with clean or alternative fuel school buses.

The California Air Resources Board Lower-Emission School Bus Program governs school district transportation vehicles (i.e. school buses). Grant opportunities for the purchase of Electric School Buses are currently available through programs such as California Air Resource Board Hybrid Voucher Incentive Program (HVIP); AB 617: Community Air Protection/Carl Moyer Program; Prop 39: School Bus Replacement Program through the California Energy Commission; Rural School Bus Pilot Project; and other local funding programs. Again, in contrast to previous funding programs, minimal to zero matching funds will be required of school districts to purchase these electric buses. Additional funds, up to $100,000 in some cases per electric school bus will be awarded to cover infrastructure costs for electric charging stations.

The Bay Air Area Quality Management Air District is currently accepting applications for public school bus projects. Funding is offered on a first-come, first-served basis until all funds have been spent. Grant applications must be complete to be considered for funding. Three sources of incentive funds are available: the Carl Moyer Program (CMP), the Community Health Protection Program, and the Lower Emission School Bus Program (LESBP).

The Transportation Manager is working to acquire grant funding for a minimum of eight (8) Type D Electric School Buses through the Carl Moyer Program with Bay Area Air Quality Management District (BAAQMD). Additional funding is available for the infrastructure adjustments for charging stations for the electric school buses. We are requesting formal approval from the Board to apply with the Carl Moyer Program through BAAQMD.

Electric School Buses:
The cost for eight (8) electric school bus through an approved dealer is approximately $3,199,401.84, or $399,925.23 per bus. Electric school buses shall comply with all state and federal regulations regarding pupil transportation; Title 13 CCR 1234: Preventive Maintenance Compliance Inspections & Recordkeeping, Federal Motor Vehicle Safety Standard (FMVSS)

Infrastructure for Charging Systems:
As part of a school bus replacement or engine repower or conversion project, the District is also applying for grants to install, convert or expand battery-charging stations for electric or hybrid-electric buses. Infrastructure funding limits are based on the power sources needed for the purchased equipment.

FISCAL IMPACT:
Electric school buses will substantially lower operating and maintenance expenses compared to their diesel and CNG alternatives.

    BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Donald Evans, Ed.D., Superintendent
FROM:        Lew Jones, Interim Director of Facilities    
DATE:         October 24, 2018
SUBJECT: Approval of Resolution 19-006 for the Completion of the King Tennis Court Project

BACKGROUND INFORMATION:
On May 30, 2018, the Board awarded a contract to Vintage Contractors to renovate the King tennis courts.  The project is now complete and staff requests Board acceptance of the project which will allow filing a Notice of Completion with the County and permit release of retention.

POLICY/CODE:
California Public Contract Code 20110-20118. 

FISCAL IMPACT:
The project was funded with Measure I bond funds.  The project had change orders of $23,048.77 or 8.3% above the Board awarded amount.

STAFF RECOMMENDATION:
Accept the project as complete and approve resolution number 19-006.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D., Superintendent
FROM:             Lew Jones, Interim Director of Facilities
DATE:              October 24, 2018
SUBJECT:         Approval of a Contract With Rodan Builders Incorporated for the VAPA Project at West Campus and Approve Resolution 19-008

BACKGROUND INFORMATION:
The Board voted on January 11, 2017 to design and build a project to house the VAPA program in the location of the former Boys’ locker room at West Campus.  On October 11^th, BUSD received four bids.  The bid tabulation is as follows:

Contractor                               Base Bid          Alternate         Total

Rodan Builders                        $2,553,000      $198,000         $2,751,000     

BHM Construction, Inc.           $2,582,300      $175,000         $2,757,300

Mart Con Builders, Inc.           $3,259,663      $193,337         $3,453,000

Marvin Collins Construction   $3,398,661      $269,454         $3,889,609*

The last bid does not calculate properly – we listed the amount written on his bid form.

The project must be awarded based on the Base Bid plus the Alternate, although the Board is under no obligation to award the Alternate.  The lowest responsive, responsible bidder is Rodan Builders, Inc.  The bid is over the estimate but is approximately 8% below the budget. 

The Alternate is to install lights and cameras in the parking lot.  It is our goal to award this alternate, there are, however, a number of details to work out to implement this work.  It will likely reduce the number of parking spots in half for 2-3 months, so discussion with the users is important.  In addition, the depth of the culverted creek is not well defined and as underground conduit is needed to install the infrastructure, that will need to be determined prior to any installation.  If there are too many barriers to completing the alternate, it may be deleted from the scope in the future.

FISCAL IMPACT:
Cost of award by this action: $2,751,000 to be paid from Measure I bond funds.  This cost is contained within the VAPA budget. 

RECOMMENDATION:
Award a contract for construction to Rodan Builders, Inc. for the VAPA project and approve Resolution 19-008. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:             October 24, 2018
SUBJECT:      Approval of Adjustment to Line Item Budgets in Measure I

BACKGROUND INFORMATION:
On September 12, 2018, the Board of Education approved the latest revision to the Measure I budget lines when minor adjustments were made based on recently constructed projects. 

Attached to this document a detailed breakdown of all expenses and income in Measure I.   The changes are:

1. A new project was added for temporary housing at Rosa Parks while the roof and ceiling of the multipurpose is under construction.This is a split funded project with Measure AA.It includes a $564,000 budget in Measure I coupled with a $186,000 budget in Measure AA, creating at $750,000 total project;
2. A savings of $22,000 in the King tennis court project.The project is completed and not all contingencies were spent;
3. An increased budget of $400,000 to fund the King auditorium;
4. A savings of $32,000 in the BHS turf project.The project is completed and not all contingencies were spent;
5. A savings of $85,000 on remodeling the old BCM space (G107 and G 109); and,
6. Minor adjustments of less than $1,000 on multiple projects.

FISCAL IMPACT:
The adjustments are within the overall budgets. The available balance has decreased by $825,722.  The new available balance is $833,943.    

STAFF RECOMMENDATION:
Approve the financial update. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:            October 24, 2018
SUBJECT:      Approval of Taylor Engineering to Design the BHS Pool Equipment Modernization Project

BACKGROUND INFORMATION:
On May 22, 2017, the California Energy Commission approved BUSD’s Proposition 39 Expenditure Plan.  One of the projects in the approved plan is to modernize some of the BHS swimming pool equipment to improve energy efficiency.  It has recently come to our attention that other pool equipment is approaching the end of its useful life and it would be advisable to replace this equipment at the same time.  The Proposition 39 Funds can cover the energy efficiency upgrades and other equipment upgrades must be funded from another source of funds.

We solicited a proposal from Taylor Engineering who is a specialist in pool equipment.  

Facilities staff is requesting approval of a contract with Taylor Engineering to provide commissioning, architectural and engineering services for the project.  Deliverables will include commissioning, design, construction documents and construction administration.  The plan is to make the improvements after the completion of the swim team season and before the beginning of the water polo season.

POLICY/CODE:
Public Contract Code 20111.

STAFF RECOMMENDATION:
Approve a contract with Taylor Engineering to commission and design the BHS pool equipment upgrades. 

BERKELEY PUBLIC SCHOOLS

Official Minutes

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

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
Arvin Hariri, Student Director, BHS – Present
Oneida Abrams, Student Director, BTA – 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 

APPROVAL OF REGULAR MEETING AGENDA

At the request of Director Alper, item 14 (Approval of revised Bylaws for BUSD K-8 School Site Committees) was pulled and moved to the consent calendar.

Motion to approve agenda as amended
Alper/Leyva-Cutler and approved 5-0. 

REPORT CLOSED SESSION

President Daniels reported out on closed session: 

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

Claim No. LBI502240
Motion to approve staff recommendation:
Leyva-Cutler/Hemphill and approved on a 3-0 vote:
Josh Daniels, President – Yes
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director -- Absent

Case No. 201805009
Motion to approve staff recommendation:
Appel/Daniels and approved on a 3-0 vote:
Josh Daniels, President – Yes
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Recused
Karen Hemphill, Director – Yes
Ty Alper, Director -- Absent 

Employee No. 2929
Motion to approve rejection of claim filed within the Government Claims Act by employee No. 2929:
Appel/Alper and unanimously approved 5-0. 

Case No. DSC1503595
The Board discussed and gave direction. 

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

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

BFT
This matter was not discussed. 

Local 21
The Board discussed and gave staff direction. No action was taken. 

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

OPEN SESSION 

PUBLIC TESTIMONY

A total of nine people addressed the Board: 

Seven comments in opposition to STAR reading assessments.

One comment on the address verification policy

One comment concerning student assignment

UNION COMMENTS

BFT President Cathy Campbell spoke on behalf of BFT members in opposition to proposed STAR reading assessments. She stressed that any implementation of assessment needs to produce the best use of time and an allow educators the opportunity to be included in the decision making process.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Alper thanked all who came out tonight. He stated that he did not know with certainty the impact of STAR reading assessment on instructional time. He recalled that this conversation began a year ago, and added that because this item was not agendized, extensive discussion on this matter could not take place tonight. He asked staff to ensure that there is communication with teachers regarding these assessments. 

Director Abrams shared that with the changes at BTA, including change in leadership, BTA feels more like part of BUSD. She is enjoying her experience there.

Director Hemphill announced that plans are under way for the 50^th annual celebration of the African American Studies Department. She thanked Director Alper for his comments. She shared that when she first became a Board member 12 years ago, standardized assessments were not administered. She recalled that it was with standardized tests that we found out that BUSD had the largest achievement gap along racial lines of school districts in the state. She added that what concerns her about the assessments we have conducted to date is the data that shows that these assessments are failing to capture students who are struggling to read by the time they reach middle school. Internal assessments are not enough. She said that regardless of how teachers thought about the process, it is important to keep the eye on the prize with the goal in mind to close the achievement gap. External assessments will help to identify students early enough and allow for informed interventions to be put in place. Something different has to happen in order to properly serve all students.

Director Leyva-Cutler thanked teachers for taking the time to come out. She added that communication about processes between administration and teachers needs improvement. She also expressed concern that data does not point to any literacy progress for our Black and Brown students. She also recognized Sylvia Mendez elementary. Sylvia Mendez herself will be visiting the school and sharing with the community.

Vice President Appel thanked all who were present for taking time away from their families to be here. She added that she believes there is a shared commitment to tackle the achievement gap. She said that while there may be disagreements about how to address the issue, she agrees with teachers about the importance of respect and collaboration towards a collective approach. She stressed that the lack of progress is not due to not making attempts at addressing the achievement gap. She emphasized that in order for there to be respect as these conversations are held, we must be able to listen and have open minds. She went on to address a group of teachers’ hissing response to Director Hemphill’s comments, and said that respect should be reciprocated. She is hopeful that we can move forward in a more collaborative manner. With respect to the facilities committee, she reported that a number of projects, delivery options and seismic mitigation program funding will be coming to the Board at a subsequent meeting.

President Daniels also thanked all who came out tonight. He noted that he had already jotted his comments down before today’s meeting and before any of the comments on assessments were made. He went on to say that he wants to adjourn tonight in memory of Jacky Fox Ruby who served as a BUSD teacher for 30 years, on the Alameda County Board of Education for eight years, and as BFT President. Ms. Ruby passed away last month at the age of 80. He went on to announce that BUSD is offering a $200 stipend to all staff who attend a training on mental health aid. He shared that he has been on the Board for 161 meetings as a board member, but tonight’s meeting is his first as a parent of a BUSD student. He attended back to school night and had a phenomenal experience as a parent hearing from an amazing teacher about the way she was approaching teaching our kids. He observed that kids were taught, comforted and welcomed into the same classroom he was in as a kindergartener. He closed by appreciating all of the folks present tonight who have taught.

Superintendent Evans thanked all for coming out. While there are so many things he is proud of, he acknowledges the need to address some issues head on. He shared that since he began teaching over thirty years ago, there has not been much progress at closing the achievement gap. The reason he sits on a number of African American committees and taskforces whose mission is to address the achievement gap is not because he is a Superintendent, but because he was also once a teacher. This kind of work is not easy and it requires working together. He stressed the importance of looking closely at our data data to inform the way we tackle the achievement gap. He expressed his appreciation of all teachers and their work, but urged them that simply waiting to see if will eventually obtain better results is not the answer. We must do something. He solicited their input and welcomed any ideas they may want to contribute to address the needs of all students and help move BUSD forward.

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

Update on Special Education – Discussion
Allotted time: 30 min
Actual time: 39 min 

Director of Special Education Jan Hamilton reported that a special education advisory committee will begin to convene monthly to create a plan for strategic and specific measurable attainable goals. The department will focus on professional development for and strategic placement of IAs, careful consideration of inter district transfer student placement, and annual review of NPS placement and extended school year costs.

Questions and discussion followed. 

First Half of 2018 Board Self-Reflection – Discussion
Allotted time: 20 min
Actual time 26 min 

President Daniels reminded all that at its January 6 retreat, the Board identified budget reductions, special education, and secondary offerings priorities for this year. Additionally, changes to board meeting formats were also agreed upon at the Jan 6 2018 board retreat.

President Daniels led the Board in discussing some of the things that seem to be working or need improvement.

Director Leyva-Cutler:

·      Appreciated that substantive amount of time spent discussing identified priorities.

·      Anticipates even more time will be spent on budget cuts in the following year.

·      Staff presentations have improved.

·      Feels we can do without the paper copies and would prefer to have the ability to have electronic access to the actual presentation for the purpose of note taking.

·      Suggested adding to meeting overview that is shared at the beginning of meeting the equal importance of respect on the part of the audience 

Director Alper:

·      Agrees with Director Leyva-Cutler

·      Initially resisted the shortened board memo format, but likes it now. Said

·      Would like to see consistency in cover memos for closed session items.

·      Added that we should try our best to not use restroom during a staff presentation.

 Director Hemphill:

·      Thinks the new agenda is clearer and easier to follow by the public.

·      Would like to see a description of consent calendar and an explanation of how action items differ from discussion items be included on paper agenda.

·      Likes the paper presentations because she can take notes, but would prefer to do it electronically if it were an option.

·      Noted that public comment has been shortened to 2 min less frequently. Shortening it when we have a large number of people ho want to speak w allows us to hear from more people

·      Would like to consistently have the more substantive issues be addressed earlier on in the meeting.

·      Appreciates longer, more detailed reports as they help decrease discussion time during board meetings.

Vice President Appel: 

·      The board has necessarily spent a lot of time on budget cuts. She would like to figure out how to more deliberately spend less time on it next years.

·      She noted that the Board was able to spend more time on instruction after budget cuts concluded.

·      Appreciates the good management of time as we have adjourned before 11 for the most part.

·      Likes reference to past related meetings embedded in the cover memos.

·      Agrees with Director Alper about having for consistency with closed session format

Superintendent Evans:

·      Suggested earlier start time for board meetings

·      Finds links to former meetings helpful

·      Thinks it would be helpful for board questions to all be addressed during staff presentation.

President Daniels: 

·      Noted that the significant amount of time spent on budget cuts does not determine the level of importance of the other priorities. We are trying to spend more time on the rest of the priorities.

·      Thinks that the forming of a Board Facilities subcommittee has been beneficial was two board members have the opportunity to vet important issues before they come to the board.

·      Agrees with including explanation for parts of the agenda on the paper agenda.

·      Reminded that the board agreed to to not use cell phone at the dais and not to be on computer during public comment

Approval of 2017-18 Unaudited Actuals—Action (15 min) Actual time: 30 min
Assistant Superintendent of Business Services Pauline Follansbee presented unaudited actuals. She reported that BUSD met is 3% reserve. Her presentation provided an overview of deficit spending, LCAP supplemental designation over the years, LCAP expenditure for each of the three goals, and an explanation of variances in revenues, expenditures and contributions. Questions and comments followed.

Motion to approve the 2017-18 unaudited actuals:
Daniels/Appel and unanimously approved 7-0. 

Approval of Gann Limit Resolution 19-001 – Action (5 min)
Motion to approve Gann Limit Resolution 19-001:
Leyva-Cutler/Hemphill and unanimously approved 7-0.

ADJOURNMENT

10:40 PM

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:           Josh Daniels, Board President
DATE:            October 24, 2018
SUBJECT:    Next Steps to Lower the Voting Age for Berkeley School Board Elections to 16 Years Old

BACKGROUND INFORMATION:
Measure Y1 was placed on the November 2016 ballot with the unanimous support of the Berkeley City Council and with the unanimous recommendation of the Berkeley School Board.

On November 8, 2016, over 70% of Berkeley voters approved Measure Y1, which amended the Berkeley City Charter to authorize the Berkeley City Council to adopt an ordinance granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the members of the Berkeley Unified School District Board of Directors.

Lowering the voting age for Berkeley School Board elections will increase voter turnout, give young adults the ability to truly influence the direction of their local schools, increase civic engagement among young adults, and provide a strong incentive to improve civics education.

In anticipation of the implementation of Measure Y1, a number of Berkeley High School students involved in the campaign created Vote16, an organization dedicated to implementing Measure y1. They first turned their attention to pre-registering 16- and 17-year-olds to vote, which is permitted under state law. These students collaborated with Berkeley High School administrators and the Berkeley Albany Emeryville League of Women Voters in these pre-registration efforts. The Berkeley High School students presented to the School Board in March 2018 on their pre-registration efforts and other activities.

In February 2017, the School Board directed to the Superintendent to identify and attempt to provide answers to the logistical, financial, legal, and policy issues to granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the members of the Berkeley Unified School District Board of Directors. The item noted that “[d]oing so would likely involve retaining legal counsel, which would come back to the School Board for approval.” The item was approved as part of the consent calendar.

In August 2018, staff from BUSD, the City of Berkeley, and the Berkeley Albany Emeryville League of Women Voters as well as BHS student/Vote16 chair Melina Fike and President Daniels met with Tim Dupruis, Alameda County Registrar of Voters, and Cynthia Cornejo, Alameda County Deputy Registrar of Voters, to discuss the logistical, financial, legal, and policy issues. At the meeting, Mr. Dupruis and Ms. Cornejo stated that it was possible to enable 16- and 17-year-olds to vote in November 2020 Berkeley School Board elections, although a number of logistical issues would need to be addressed and that the cost of doing so would need to be determined. As a result, it was agreed that the appropriate next step was for attorneys for the County and attorneys for the District to meet to delineate the implementation details, particularly as it relates to the logistical and financial issues of enabling 16- and 17-year-olds the right to vote in Berkeley School Board elections.

It is estimated that retaining attorneys to represent the District in these meetings would cost approximately $20,000.

RECOMMENDATION
Receive presentation from Vote16 – Berkeley on their latest efforts and authorize the Superintendent to identify and retain, at a cost not to exceed $20,000, a law firm to represent the District in meeting with attorneys for the County with the goal of delineating the implementation details of Measure Y1, particularly as it relates to the logistical and financial issues of providing 16- and 17-year-olds the right to vote in Berkeley School Board elections.

NEXT STEPS
If approved, the Superintendent would retain a law firm to represent the District in these meetings with the County. Once a tentative agreement is reached, it would be presented to the School Board for information and then consideration. The estimated cost of implementation would be part of this agreement. The School Board would then determine if and how it wanted to proceed with implementing Measure Y1 for the November 2020 Berkeley School Board elections.

FISCAL IMPACT:
Up to $20,000 from the General Fund.

RELATED PAST BOARD ITEMS:

February 24, 2016 – Item 11.2. Resolution 16-029: Supporting Youth Voter Registration and Voting  

February 22, 2017 11.12. Lowering the Voting Age for Berkeley School Board Elections to 16 Years Old 

March 28, 2018 – Item 13. Update on Vote 16 Efforts - Discussion 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                      Donald Evans, Ed.D., Superintendent
FROM:               Pasquale Scuderi, Associate Superintendent
PRESENTERS:     Erin Schweng, Principal, BHS,
Hasmig Minassian, Design Team Lead, BHS
Tonia Coleman, Vice Principal, BHS
Sumeyye Cardakli, 9th Grade Math Coordinator
DATE:                  October 24, 2018
SUBJECT:              Update on BHS Redesign / Universal 9th Grade

PURPOSE:
Provide the Board with a general progress report regarding the implementation of the Universal 9th Grade at Berkeley High School.

BACKGROUND:
Beginning in 2014-2015, BHS leadership began giving substantial thought to structural and programmatic changes at Berkeley High School. Soon after, a team of administrators, teachers, and community members determined that the current structure of BHS did not fully align to what current research says is best for all students in terms of comprehensive high school structure and programming.

Discussions, design sessions, and stakeholder meetings took place over the next two school years.

A special Board meeting on the subject was held in February of 2017, which included a public hearing.

Additional discussion took place at a Board meeting in May of 2017, and at a subsequent meeting in June of 2017, a Board decision was made to implement the  redesign/Universal 9th grade program at Berkeley High School beginning with the 2018-2019 school year. 

Attached to this item are slides summarizing current progress as well as a current work associated with this year’s implementation of the  redesign proposal that was Board approved in June of 2017.

Tonight staff will present an implementation update to the Board that includes:

• A recap of the basic goals and structure of the program
• General demographics and enrollment
• Summer and pre-opening professional development
• 9th grade mathematics efforts
• Support components - including LEAP classes, (Learn, Engage, Accelerate, Persist)
• Preliminary student and community responses
• Longitudinal program goals and metrics

QUESTIONS FOR THE BOARD:
Are there additional components or aspects of this previously approved program that require clarification? 

Are there specific areas not covered in the presentation that you would like a general update on?

NEXT STEPS:
Full scheduling and implementation of the program this coming August.

FISCAL IMPACT:
Approximately $580K in ongoing costs from a combination of general fund, BSEP, and LCAP dollars. 

RELATED PAST BOARD ITEMS:

January 25, 2017 – 13.1 BHS Redesign

February 15, 2017 – 6.1 BHS Redesign

May 17, 2017 - First Reading of Proposed BHS Redesign for 2018-19

June 14, 2017 – Approval of Proposed BHS Redesign for 2018-19

May 23, 2018 - 15. Update on BHS Redesign / Universal 9th Grade

ATTACHMENTS:
Slides for tonight's presentation.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Board of Directors
FROM:  Josh Daniels, President
DATE:            October 24, 2018
SUBJECT:  Update on Possibilities for Financing Educator Housing and Presentation from BeHOME 

PURPOSE:
To receive a presentation from BeHOME (Berkeley Housing for Our Municipal Employees), a grassroots community group, on its work with local stakeholders to create affordable housing solutions for low- and middle-income BUSD teachers and staff.

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. 

On October 10, 2018, Berkeley Mayor Arreguin gave a presentation to the Board on Measure O, an affordable housing bond measure on the November 2018 ballot that could one potential funding source to finance the construction of BUSD employee housing.

BeHOME (Berkeley Housing for Our Municipal Employees) is a grassroots community group working with local stakeholders to create affordable housing solutions for low- and middle-income BUSD teachers and staff. BeHOME has 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 will give a presentation on their efforts with ideas on moving forward to create affordable housing solutions for low- and middle-income BUSD teachers and staff.

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

NEXT STEPS:
BeHOME is asking the Board to consider directing the Master Plan contractor, Hibser Yamuchi, to incorporate Workforce housing as part of the Master Planning process.

BeHOME is also asking the Board to consider directing that a Special Board Meeting be held in which BeHOME and other interested community members can attend along with some of the experts that BeHOME has invited to their workgroup sessions. The company working on the Master Plan contractor, Hibser Yamuchi, would be invited as well. The Special Meeting would focus on, among other things, the following:

• If and how to start analyzing potential sites to construct employee housing
• If and how to approach the City, should Measure O pass, to start conversations regarding using Measure O funds to help finance the construction of employee housing

FISCAL IMPACT:
None 

RELATED PAST BOARD ITEMS:

August 23, 2017 - 15.1. Update on Analysis for Building Rental Housing Units for District Employees 

December 6, 2017 16.1. Recommendation for District-Owned Rental Housing for Employees 

October 10, 2018 - 14. Update on Possibilities for Financing Educator Housing and Information on City of Berkeley Measure O

BERKELEY UNIFIED SCHOOL DISTRICT                    

TO:            Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Associate Supt. of Educational Services
DATE:       October 24, 2018
SUBJECT: School Class Size Report 

BACKGROUND INFORMATION:
Since 1987, Berkeley Schools Excellence Program (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all Berkeley public schools. In 2016, BSEP Measure E1 reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to continue maintaining a lower student-to-teacher class size ratio. Currently, BSEP funds approximately 30% of classroom teachers in Berkeley schools.

The current class size goal for K-3 is a school-wide average of 23:1. The class size goal for fourth and fifth grade is a district-wide class size average of 26:1, which is the continuing goal from prior BSEP Measure A of 2006 until K-5 balanced class sizes of 23:1 are gradually phased in under Measure E1. The goal for secondary schools remains a district-wide class size average of 28:1.

2018-19 Class Size Reports

The BSEP Planning and Oversight Steering Committee met on October 11, 2018 to review the Class Size Report and affirm that class size goals have been met.

The class size goals in elementary schools have been met. For K-3, all school sites have averages below 23:1, and in fact school-wide class size averages are currently below 23:1 for K-5 as well. The district-wide class size goal of 26:1 for fifth and sixth grade was also met.

A few elementary schools have a class size average of more than 26 students in fifth grade. A solution could have been to implement 4th/5th grade combination classes. However, many families and teachers do not favor combination classes. As a result of opting to forego combination classes, a few elementary schools have smaller class averages in the fourth grade and larger averages in the fifth grade.

Emerson Elementary school is an exception with larger fourth grade classes. Emerson was offered an additional teacher to lower the fourth grade class size and create three sections instead of two. The school staff declined the additional teacher as it would have meant that Emerson would have lost its flex classroom thus creating notable impact on science and art programs. Instead, Emerson was granted funds to implement an additional release time period for fourth grade teachers.

The class size goals in middle school have been met, with an average class size of 27.4 in sixth grade. The district-wide class size average in 7th and 8th grade is 27.2 excluding PE.

High school class size averages have been met, with an average class size of 27.2 at Berkeley High School excluding PE.  The class size average for ninth grade including the LEAP academic support elective is 26.2. Berkeley Technology Academy class size average is 9.2 students per teacher, significantly less than the 18:1 average stipulated in the Measure.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the School Class Size Report for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:       Pasquale Scuderi, Associate Supt. of Educational Services
DATE:       October 24, 2018
SUBJECT: 2018-19 Enrollment Update

BACKGROUND INFORMATION:
On June of 2015, the Berkeley School Board of Education approved Admissions and Enrollment Policy (BP5111). The policy directs staff to provide an annual enrollment update to the Board. Presently, Berkeley Unified School District (BUSD) has 9839 students enrolled in district schools, an increase of 31 students from the same time last year, and eight (8) more than the 9831 students than was projected by the Admissions Office in the spring of 2018.    

Approximately 1475 new students have enrolled in BUSD for the 2018-19 school year thus far. Additionally, the current Admissions Policy asks parents/guardians of students transitioning from elementary school to middle school and from middle school to Berkeley High School to re-submit proofs of Berkeley residency. A total of 1369 fifth and eighth grade students complied with the Board’s Admissions Policy.  

Of approximately 708 fifth graders, 686 (96.9%) provided the necessary documents to attend the District’s middle schools. There were about 701 eighth graders in BUSD’s middle schools during the 2017-18 school year and 683 (97.4%) complied with the enrollment policy requirements in order to continue onto Berkeley High School.  

There was extensive outreach on the part of the Admission Office to assist families transitioning to middle school and high school. Families were informed in writing, via personal phone calls and communications from the elementary and middle schools. The Admissions Office was also open during three Saturdays in January to accommodate working families.  

In order to ascertain the compliance of the Berkeley residency requirements, at times it has been necessary to conduct address verifications. District staff has visited 239 residences of students enrolling for the 2018-19 school year. Of the address verifications, 42 (17.6%) students were not enrolled in Berkeley Unified Schools because families were not truthful about their Berkeley residency. The address verifications have been conducted throughout Berkeley, Oakland and West Contra Costa. The accompanying map indicates where the bulk of the address verifications have taken place. It should be noted that the 17.6% rate should not be extrapolated to the population as a whole; these address verifications were primarily triggered by a higher index of concern about the veracity of the documentation presented.

Berkeley Unified School District has also accepted students on inter-district permits. There are 887 students attending BUSD on inter-district permits. For the 2018-19 school year, 125 new students were admitted into BUSD schools of whom 44 were for children of BUSD employees. Additionally, 21 students were admitted because they had siblings attending BUSD schools. An accompanying table details the numbers of permits granted and denied by grade.    

BUSD denied 193 inter-district requests; 15 were students who had attended BUSD schools but who did not comply with Board policy, and 178 were new permits that could not be granted due to either available space concerns or issues with grades, behavior, and attendance.  

Berkeley residents also requested inter-district permits to attend schools outside of Berkeley. 89 students requested inter-district permits for the 2018-19 school-year to attend non BUSD public schools. The breakdown for the students opting not to attend BUSD is as follows: 31 for elementary school, 12 for middle school and 46 for high school.

POLICY/CODE:
Board Policy 5111, Student Admissions and Enrollment 

FISCAL IMPACT:
None 

STAFF RECOMMENDATION:
Receive 2018-19 student admissions update report for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D, Superintendent
FROM:           Lew Jones, Interim Executive Director of Facilities
DATE:            October 24, 2018
SUBJECT:    Facilities Plan Update 

BACKGROUND INFORMATION:
This report is an update of the Facilities Construction Plan approved by the Board on June 27, 2018.  Data in this report are current as of October 10, 2018.  This report includes updates of all active construction projects. Maintenance projects are detailed in the Maintenance Quarterly Reports. 

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