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Regular Meeting
Berkeley USD
November 14, 2018 5:30PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:30 PM
Quick Summary / Abstract:

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. 

2. Closed Session Public Testimony
Quick Summary / Abstract:

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. 

3. Closed Session
Quick Summary / Abstract:

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.

3.1. Public Employment Appointment (Government Code Section 54957)
3.1.1. Director, Fiscal Services
3.2. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley)
3.2.1. Berkeley Council of Classified Employees (BCCE)
3.2.2. Local 21
3.2.3. Berkeley Federation of Teachers (BFT)
3.3. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a))
3.3.1. Case No. 2018060684
3.3.2. Case No. 2018030517
3.4. Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9(c)) Two (2) Potential Cases
3.5. Superintendent’s Evaluation (Government Code Section 54957)
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of November 14, 2018
6. Report on Closed Session
7. Trivia Question
Rationale:
Because the answer can be found via internet search, the trivia question will not be published until the day of the Board meeting.


 
8. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. 

9. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
10. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       November 14, 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.







 
Attachments:
Certificated Personnel Report 11.14.18
Classified Personnel Report 11.14.18
12.2. Approval of New Classification: District Services Assistant
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed. D, Superintendent
FROM:           Evelyn Tamondong-Bradley, Assistant Superintendent
DATE:            November 14, 2018
SUBJECT:      District Service Assistant

BACKGROUND:
This is a new classification that will monitor the foot traffic on the first floor of the District Office.   Under the direction of an assigned supervisor or administrator, the District Service Assistant will work to support the safety and security of district property.  See attached job description.

FISCAL IMPACT:
$41,500 Annually

STAFF RECOMMENDATION:
Approve the duties of the new classification of District Service Assistan.

 
Attachments:
District Services Assistant Draft Job Description
12.3. Approval of New Classification: Student Admissions Program Manager
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed. D, Superintendent
FROM:           Evelyn Tamondong-Bradley Assistant, Superintendent
DATE:            November 14, 2018
SUBJECT:      Student Admissions Program Manager

BACKGROUND:
The Human Resources Department is requesting a new classification of Student Admissions Program Manager. The revision is necessary due to accretion of duties and expertise needed for this position. 

Under supervision, the Students Admissions Program Manager will perform complex and professional duties. This classification requires more experience and will perform higher order tasks, including planning, organizing, developing, managing and directing the re-matriculation of students.  The manager oversees the software and information systems and prepares and maintains a variety of records and reports.  The manager shall provide technical expertise, information and assistance to schools, District administrators, the Board of Education, community groups and others regarding the Student Assignment Plan and other District policies.  The increase of range reflects the increase of duties and responsibilities.

FISCAL IMPACT:
$30,000 Annually

STAFF RECOMMENDATION:
Approve the duties of the new classification of Student Admissions Program Manager.

 
Attachments:
Admissions Manager Job Description
Student Admissions Program Manager Draft Job Description
12.4. Approval of Revision to Classification Description: Human Resources Analyst (Confidential)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed. D, Superintendent
FROM:             Evelyn Tamondong-Bradley, Assistant Superintendent
DATE:              November 14, 2018
SUBJECT:       Human Resources Analyst (Confidential)

BACKGROUND:
The Human Resources Department is requesting a revised classification description for the Human Resource Analyst (HR Analyst) position. The revision is necessary due to restructuring of the day-to-day operations of the department. 

Under general supervision, the HR Analyst will perform a variety of complex and professional Human Resource functions. This classification requires more experience and education and will perform higher order tasks, including coordinating, planning, managing and performing technical analytical functions related to employee services. 

The increase of range reflects the increase of duties and responsibilities. 

FISCAL IMPACT:
$7,300 Annually

STAFF RECOMMENDATION:
Approve the duties of the revised classification description of Human Resources Analyst (Confidential). 

 
Attachments:
Human Resources Analyst (Confidential) Draft Job Description
Human Resources Analyst (Confidential) Job Description
12.5. Approval of the Sustainability Master Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Stephen Collins, Facilities Maintenance Manager
DATE:        November 14, 2018
SUBJECT:  Approval of the Sustainability Master Plan

BACKGROUND INFORMATION:
On September 26, 2018, the Board received a summary and progress report for the Sustainability Master Plan to ensure continuity and a cohesive approach to the District’s green and sustainable efforts.  With the collaboration of consultant Susan Silber, the comprehensive Plan (attached) was developed over the period from November, 2017 to the present, with the input from a wide array of stakeholders and input from Cabinet and the Board.   

The vision of the Plan is that all Berkeley students have access to healthy, green school buildings and grounds and hands-on environmental and outdoor education with the goals of reducing the District’s environmental footprint, supporting Next Generation Science Standards, and saving money.

The Plan addresses eight areas in which action is recommended to further advance the green and sustainable efforts of the District across departments and  

integrated into the curriculum.  These areas are: Green Building Material, Transportation, Water, Energy, Waste Reduction, Food, School Yards and Eco-Literacy and Nature-based Education.  In addition, the Plan recommends the formation of a Sustainability Committee to develop areas of the Plan that require further study and to promote the recommendations in each of the action areas. 

January 2019 – June 2020:

Waste Reduction Grants: $20,000                                   

Measure H: $33,000                                                            

Measure I:  $12,000

General Fund: $41,000:

     -       FY 2018-2019 $14,000  

     -      FY 2019-2020 $27,000

 TOTAL: $106,000

STAFF RECOMMENDATION: 
Approve the Sustainability Plan.  

 
Attachments:
Sustainability Plan
12.6. Approval of Resolution 19-009 to Contract With Bay Construction Co. as a General Contractor for the Elementary School Hardware Upgrade Project
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Donald Evans, Ed.D., Superintendent
FROM:  Lew Jones, Interim Director of Facilities
DATE:  November 14, 2018 
SUBJECT:  Approval of a Contract With Bay Construction Co. as a General Contractor for the Elementary School Hardware Upgrade Project and Approve Resolution 19-009

BACKGROUND INFORMATION:
On February 28, 2018 the Board authorized Facilities to create a project to provide security upgrades to our schools. This plan was updated on May 23rd with a complete schedule of school sites to be completed. A resolution to sole source the hardware used for this project was approved on October 10th. On October 31st, BUSD received two bids. The basis of award is theTotal Bid Price:sum of the base bid. The bid tabulation is as follows: 

Contractor Base Bid

Bay Construction$215,000

Rex Key & Security$ 96,053 

The lowest responsive, responsible bidder is $215,000. The other bidder was disqualified. The lowest bid is within the District’s budget for the project and is less than the estimated cost.

FISCAL IMPACT:
Cost of award by this action: $215,000 to be paid from Measure I bond funds. This cost is contained within the overall Security Upgrade budget. 

RECOMMENDATION:
Award a contract for construction to Bay Construction Co. for the Elementary School Hardware upgrades and approve Resolution 19-009.

 
Attachments:
Resolution 19-009
12.7. Approve Career Technical Funding Implementation
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:            Lew Jones, Interim Executive Director of Facilities
DATE:             November 14, 2018
SUBJECT:      Career Technical Funding Implementation

BACKGROUND:
Career Technical Education has a long established history within our district.  The Board awarded a contract on April 11th to create three state of the art spaces to support our Biotech, Carpentry and Electronic Tech curriculum.  Once these projects are complete, Facilities anticipates that there will be a balance of close to $1.5M. This document will layout a current plan for future project spending related to CTE.  Our CTE program coordinators met with Educational Services and presented their recommendations to the Facilities Division. Some projects may include design, project management services and contractors which will return to the Board for approval at a future date.  The funding allocation will allow us to create timelines and schedules for each project. Facilities may choose to combine some of the projects for potential savings.   Facilities is requesting approval of the allocation of funds for the following future CTE projects:

Project

Location

Description

Total Project Budget

BHS Little Theater Equipment Upgrades

Little Theater

To provide industry standard equipment while improving the overall function of the little theater

$300,000

Digital Media Studio

C400

The Digital Media Studio classroom upgrade will provide the infrastructure to support and house equipment needed for this classroom

$300,000

Additional Biotech Classrooms

G305 & G306

To provide additional upgrades to these spaces to continue to enhance the student experience (May be combined with another project)

$ 50,000

Robotics Engineering

G107

Design and create a safe space to support engineering courses

$150,000

Middle School CTE Project Planning

Middle School Sites

The California Department of Education and Union Industry Partners are interested in creating exploratory programs that articulate into the high school CTE curriculum.

$150,000

Remaining Balance for Contingency



$550,000

FISCAL IMPACT: 
Cost of award by this action: None.  Future projects will be contained within the remaining Berkeley High School Career Technical Education Project balance from Measure I.   

STAFF RECOMMENDATION:
Approve the allocation of funds for future CTE Projects


 
12.8. Approval of Oxford Reconstruction and Renovation Project Expanded Geotechnical Study
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Board of Education  
FROM:          Donald Evans, Superintendent
DATE:            November 14, 2018
SUBJECT:    Oxford Reconstruction and Renovation Project Expanded Geotechnical Study

BACKGROUND INFORMATION:
The Oxford Reconstruction and Renovation project was approved by the Board as a part of the Measure I Reallocation Plan in January 2018.  The project includes demolition of the old Multi-Purpose Building and construction of a new Multi-Purpose Building with new Classrooms on the lower level.  The project also includes major reconfiguration and renovations to the existing Classroom/Administration wing. 

As part of the design process the District has retained Alan Kropp and Associates (“Kropp”), a Berkeley-based Geotechnical Engineering firm to prepare a geotechnical report to guide the designs for foundations on the new building.  Kropp has indicated in preliminary meetings with the District that there is a need for an expanded geotechnical investigation of the site based upon potential soil movement in the area of the Oxford site.  This issue will require a more extensive study to meet the requirements for project approval of the California Geological Survey (CGS), which must approve the project, prior to approval by the Division of State Architect (DSA). 

Kropp’s proposal for services is attached, and includes multiple, very deep borings and several large-diameter borings which will allow the team geologist to accurately characterize the site conditions.  The proposal includes analysis, reporting, coordination with CGS and DSA to develop project foundations which could mitigate identified geo-hazards.  If this proposal is approved, the borings and site work are anticipated to be completed over the winter holiday break when school is not in session.

FISCAL IMPACT:
$196,647 for Expanded Geotechnical Study.  Funded by the Measure I Bond.

RECOMMENDATION:
Approve an amendment to the Independent Consultant Agreement with Alan Kropp and Associates for an Expanded Geotechnical Study for the Oxford Elementary School site.

 
Attachments:
Cost Estimate
12.9. Approval of Master Contract for Nonpublic School Services for the 2018-19 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           November 14, 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.

Non Public School

Estimated Total Cost

Spectrum Center

$483,548

TOTAL

$483,548



POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $483,548 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.


 
12.10. Approval of Master Contract for Nonpublic Agency Services for the 2018-19 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           November 14, 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.

Non Public Agency

Estimated Total Cost

Juvo Autism and Behavioral Health/ ED Support Services, LLC

$1,689,826

TOTAL

$1,689,826

 


POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $1,689,826
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.


 
12.11. Approval of Master Contracts for Nonpublic School for the 2018-2019 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           November 14, 2018
SUBJECT:     Approval of Master Contracts for Nonpublic School for the 2018-2019 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

Non Public Schools

# of Students

Estimated Total Cost

Wellspring Educational Services, Inc.

1

$166,000

Total

1

$166,000


POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $166,000 funded from the Special Education Budget.

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

 
12.12. Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure AA
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Lew Jones, Interim Director of Facilities
DATE:             November 14, 2018
SUBJECT:    Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure AA

BACKGROUND INFORMATION:
On September 12, the Board of Education approved the latest revision to the Measure AA budget lines when minor adjustments were made based on recently constructed projects.  The goal is to fully exhaust Measure AA. 

Attached to this document is a detailed breakdown of all expenses and income in Measure AA and before.  

The changes in Measure AA 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 I.  It includes a $186,000 budget in Measure AA (fully expending that Fund) coupled with a $564,000 budget in Measure I, creating at $750,000 total project; and,
  2. Minor adjustments of less than $1,000 in open budget lines. 

FISCAL IMPACT:
The adjustments are within the overall budgets.  The available balance has decreased by $186,312.  There is an available balance of $378.  

STAFF RECOMMENDATION:
Approve the financial update.  

 
Attachments:
Measure AA Budget Summaries
12.13. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        November 14, 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. Attic Pros to provide attic clean-up services at Berkeley Arts Magnet for the Maintenance Department for the period from 7/1/18 – 6/30/19. The cost will not exceed $13,600. To be paid from Measure H. Requested by Steve Collins.
  2. Berkeley Symphony Orchestra to provide Music in the Schools program at six BUSD elementary schools for the period from 10/1/18 - 6/14/19. The cost will not exceed $10,000. To be paid from BSEP Music, Visual & Performing Arts Fund. Requested by Peter Gidlund.
  3. Byrens Kim Design Works to provide design services for Rosa Parks temporary housing for the Facilities Department for the 2018/19SY. The cost will not exceed $55,000. To be paid from Measure I. Requested by Lew Jones.
  4. Haz Mat Doc to provide hazmat monitoring for VAPA project for the Facilities Department for the 2018/19SY. The cost will not exceed $16,400. To be paid from Measure I. Requested by Lew Jones.
  5. Increase in contract, PO#190257, to Fernando D. Caldera dba Bay Area Tree Care, to provide tree care services for the Maintenance Department. The board approved $15,000 on 8/15/18. The additional amount needed is $10,000 for a total amount of $25,000. To be paid from Measure H. Requested by Steve Collins.
  6. Increase in contract, PO#190089, to Airteks to replace heating controls as need for the Maintenance Department for the period from 7/1/18 – 6/30/19. The board 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.
  7. Increase in contract, PO#190636, to UC Regents UCB Principal Leadership Institute, to provide additional administrative coaching for administrators. The board approved $46,100 on 8/15/18. The additional amount needed is $12,600 for a total amount of $58,700. To be paid from Title II, A Fund. Requested by Pat Saddler.    

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

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


 
12.14. Acceptance of Gifts/DonationsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Ed.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        November 14, 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 High Development Group donated $32,500 to after school tutoring.
  2. Willard PTA donated $8,200 to Athletic Director Josh Church.
  3. Berkeley Public Schools Fund donated $2,978.08 to 17-18 Strategic Impact Grant 1-706 for BUSD Dance PLC and to pay for dance teachers in 2017-18.
  4. Cragmont PTA donated $6,240 to increase FTE for Arts IS position Ellen Vangeliste.
  5. Berkeley Public Schools Fund donated $750 to pay for hourly after school meeting for Universal 9th Grad Hive Teacher Leaders.Strategic Impact Grant 18-784.
  6. YourCause, LLC Trustee for Wells Fargo Community Support Campaign donated $565.38 to Rosa Parks Principal’s Discretionary Account.
  7. YourCause, LLC Trustee for Wells Fargo Community Support Campaign donated $565.38 to Rosa Parks Principal’s Discretionary Account.
  8. Berkeley High School Development Group donated $4,433.78 to Berkeley High School Science Department for purchase of Autoclave.

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 $ 56,232.62 in donations.

 
12.15. Approval of Amendment to Contract CCTR with California Department of Education for the Child Development Programs for 2018-2019
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D, Superintendent
FROM:       Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         November 14, 2018
SUBJECT:  Approval of Amendment to Contract CCTR with California Department of Education for the Child Development Programs for 2018-2019

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR). Funding is based on actual student attendance with each full day of student attendance generating revenue of $49.10 per day.  Partial day rates are pro-rated to the full day rate.

The rate of $49.10 has been increased to $51.84 resulting in the amended contract total below.

The amended amount for the Child Care Services (CCTR) is $1,944,288 an increase of $102,072.

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$102,072 in additional potential revenue for the Pre-School Child Development and School Age Child Care Program

STAFF RECOMMENDATION:
Accept the contract amendment.

 

 



 
12.16. Approval of Amendment to Contract CSPP with California Department of Education for the Child Development Programs for 2018-2019
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D, Superintendent
FROM:       Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         November 14, 2018
SUBJECT:  Approval of Amendment to Contract CSPP with California Department of Education for the Child Development Programs for 2018-2019

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR). Funding is based on actual student attendance with each full day of student attendance generating revenue of $49.10 per day.  Partial day rates are pro-rated to the full day rate.

The rate of $49.10 has been increased to $51.84 resulting in the amended contract total below.

The amended amount for the California State Preschool Program (CSPP) is $3,153,060 an increase of $164,932.

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$164,932 in additional potential revenue for the Pre-School Child Development and School Age Child Care Program

STAFF RECOMMENDATION:
Accept the contract amendments.

 

 



 
12.17. Approval of Resolution 19-010 in Honor of the BHS African American Studies Day
Attachments:
RESOLUTION 19-010
12.18. Approval of Board of Education Meeting Minutes for September 26, 2018 Was edited within 72 hours of the Meeting
Rationale:

BERKELEY PUBLIC SCHOOLS

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

510-644-6206 
Official Minutes
September 26, 2018 

President Daniels called the meeting to order at 7:45pm. 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
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

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Vice President Appel item 17 was pulled altogether. At the request of President Daniels item 12.5 was pulled from the consent calendar and moved to action.

Motion to approve agenda as amended:
Appel/Abrams and unanimously approved 7-0.

REPORT CLOSED SESSION

President Daniels reported out on closed session: 

Parent/Student Challenge to Content of Pupil Records (Ed Code Section 49070 (c))

Motion to approve staff recommendation:
Hemphill/Daniels and approved 4-0.
Josh Daniels, President – Yes
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director -- Absent 

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(a)) – One (1) Potential Case

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

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

BFT
The Board did not discuss.

BCCE
Discussed and gave staff direction. No action was taken.

Local 21
Discussed and gave staff direction. No action was taken.

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

Public Employment (Government Code Section 54957)

Executive Director, Facilities

Motion to appoint John Michael Calise as the new Executive Director of Facilities, Maintenance and Operations:

Hemphill/Appel and unanimously approved 5-0.

PUBLIC TESTIMONY
A total of eight people addressed the Board: 

Two comments in support of the sustainability plan. 

Two comments advocating for increase in compensation for BCCE members. 

Three comments in opposition to STAR assessments.

One comment raising concerns around safety at King.

UNION COMMENTS

BCCE President Linnette Robinson advocated for increase in compensation.

BFT President Cathy Campbell voiced BFT’s support of BCCE. She thanked the Board for its assistance and the dialogue that has begun around reading assessments and requested that it continue.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hariri announced his appointment of Zaira Rodriguez to the Peace and Justice Commission.

Vice President Appel shared that she met with Principal Shweng who reported that the BHS administrative team is working well together and is excited about the positive progress of the U9. She also reported that the MEET program proposal that was approved last year is in its early implementation stage as they are looking for student peer educators. Appel went on to acknowledge BHS student Rachel Alper for her successful advocacy for sanitary napkins and tampons to be made available in student restrooms at BHS. She hopes that this provision can be duplicated at the middle schools as well. She moved on to announce a Bay Area-wide effort to stand united against hate through a number of community events during the week of November 11. She closed her comments by thanking teachers who reached out to her to express their opinions concerning STAR assessments and to apologize for the hissing that took place at the last Board meeting. She accepts the apology and looks forward to continue working in collaboration with teachers and classified staff.

Director Hemphill shared that she just got back from her college reunion. She gave a shout-out to Pedro Noguera and Prudence Carter who were present at this monumental reunion held on the 50th anniversary of the Black student walkout at Brown University in 1968 when Black students made up only 2.5% of its student population. She added that this year also marks the 50th anniversary of Berkeley voluntarily integrating its schools, as well as the 50th anniversary of BUSD’s African American Studies Department. She expressed how important it is to ensure that the same objective driving the aforementioned progress 50 years ago is the same objective of equity driving our efforts today, especially since not a whole lot has changed for our Black students in the last 12 years she has been on the Board. She closed her comments by requesting follow-up information relative to the public comment concerning safety issues at King. 

Director Leyva-Cutler shared that she attended a 2020 Vision meeting with Berkeley City College, UC Berkeley, BUSD, The City of Berkeley and community members. She recalled that it’s been 10 years since the 2020 Vision was created in partnership with the City. She added that although there has been some progress, there is still great deal of wok to be done as we approach 2020.

Superintendent Evans said that while he acknowledges the need for increased employee compensation, he also is aware of the inadequate funding schools are receiving statewide, causing budget restraints that make it challenging to significantly increase employee compensation. He reminded the public that BUSD is gearing up to make $2 million in cuts in order to address its structural deficit. He stressed how important maintaining fiscal solvency is to the survival of the District. He closed by expressing his appreciation for the work of BUSD’s classified and certificated staff.

President Daniels shared that in his day job he works with districts around the state who, like BUSD, are engaging in efforts to improve both their academic outcomes and fiscal health. He stated that addressing fiscal issues requires identifying possible ways to support BUSD staff amid the rising cost of living, and doing so in the most financially responsible way so as to not sacrifice the future stability of the District. He noted that we are heavily dependent upon the new state budget scheduled to come out in January, which may result in additional dollars as well as impose restrictions on how said funds can be allocated. Such was the case this year when BUSD received more money than the previous year, but was mandated by law to increase contribution to its employee retirement system. In order to prepare BUSD for a possible similar outcome, he noted that the board set a goal of up to $2 million in budget reductions. The resulting savings will afford BUSD some flexibility to allocate resources to areas in desperate need of investment. Daniels reminded the public that the recent special education budget update presented to the Board budgeted for an increase in special education costs, yet the actual costs exceeded what had been initially projected. He stated that there are no easy solutions and this effort will require a community process that relies on the ideas, input and buy-in from the public. He closed his comments by remarking that this is now his second Board meeting as a parent of a BUSD student and he continues to be impressed with the staff at his son’s school. He shouted out Mr. Albert, Ms. Vanessa and Ms. Desi for the way in which they have welcomed all incoming kindergarten families. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Hemphill and unanimously approved 7-0 

12.5 Public Hearing and Approval of Resolution for Grades K-12 Textbooks and Instructional Materials Compliance for Fiscal Year 2018-19

President Daniels opened public hearing at 8:41pm

No one came forward.

President Daniels closed public hearing at 8:41pm

Motion to approve:
Alper/Leyva-Cutler and unanimously approved 7-0.

Update on Leadership Restructuring and Program at Berkeley Technology Academy and Independent Studies – Discussion
Allotted time: 30 min
Actual time: 30 min 

BTA/BIS Principal Heidi Weber shared that BTA/BIS had a successful opening day of school. All BIS students were there to meet their peers on the first day. Principal Webber reported that the counselors at BTA now work on instructional learning plans for students. Students have access to Berkeley mental health services whose staff is on campus once a week. With respect to Instructional goals, the focus is student engagement and staff is in the brainstorming phase. Currently they are preparing for the WASC visit scheduled for May 8, 2019. Questions and comments followed.

Solicit Answers to Trivia Question

Review the Progress of the Sustainability Plan – Presentation
Allotted time: 15 min
Actual time:  28 min

Sustainability Consultant Susan Silber and Facilities Manager Steve Collins presented a draft sustainability plan and reported that they have been working on this plan since January. The goal of this presentation is to obtain feedback from the Board. The goal of the sustainability plan is to reduce BUSD’s environmental footprint, save money and support NGSS.  Their presentation provided an overview of progress and community engagement thus far. They shared results of survey conducted to gauge level of interest. Next steps involve identifying funding and developing professional development for all staff. A final plan will be presented for approval in November. Questions and comments followed.

Notice of Violation for REALM Charter School – Action
Allotted time: 15 min
Actual time: 17 min 

Assistant Superintendent of Business Services Pauline Follansbee explained that following the Board’s approval of REALM’s request for a material revision, REALM was getting ready to relocate to its new site as scheduled. However, due to unforeseen construction delays, REALM signed a lease to temporarily occupy a campus in El Cerrito, which is outside of Alameda county and therefore in violation of the charter. REALM should have instead submitted an additional material revision for approval to occupy the different location. A letter of concern was sent and REALM has 90 days to respond. The recommendation is to approve BUSD to issue a Notice of Violation. Questions and comments followed. No REALM representative was present to comment.

Motion to approve issuance of Notice of Violation:
Alper/Hariri and unanimously approved unanimously 7-0.

ADJOURNMENT: 10PM

 






 
13. Update on Special Education Program and Budget - Discussion (45 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed. D., Superintendent
FROM: Dr. Jan Hamilton, Executive Director of Special Education
Pasquale Scuderi, Associate Superintendent
PRESENTER: Dr. Jan Hamilton, Executive Director of Special Education
Pauline Follansbee, Assistant Superintendent, Fiscal Services
DATE: November 14, 2018  
SUBJECT: Update on Special Education Program and Budget

PURPOSE:
Update the Board on developing efforts and goals related to the ongoing improvement of the Special Education program. Report on developing ideas for cost containment in light of escalating program expenses.

BACKGROUND:
In May, following a December 6, 2017 report by Dr. William Gillaspie, staff provided a general overview of improvement areas that could be focused on during a transition of leadership in Special Education. Tonight’s presentation will review some of those transitional focus areas while largely, and newly, emphasizing the preliminary assessment of program and services by the new Executive Director after her first 7 weeks. Additionally, Dr. Hamilton will share developing goals based on her first few weeks on the job.

With costs related to special education continuing to rise, both statewide and within BUSD, District staff and special education leadership are actively engaged in reviewing the recommendations of the aforementioned consultant in the previous school year. The broader goal is  to improve systems and continue to refine our analysis of where costs can be contained responsibly without compromising required services to students with special needs.

As noted previously, the Gillaspie report  made specific recommendations in 14 areas ranging from procedures to fiscal planning and from non-public schools and agencies to transportation, as well as several others in a comprehensive assessment of our existing program.

Tonight’s discussion will allow staff to articulate the current and developing areas of focus based on both the report and the initial observations of the new Executive Director.  Additionally, we will outline how staff, in consultation with the Special Education Advisory committee, which will convene in September, will develop a 3-5 year Strategic Plan for Special Education to guide the next 3-5 years.

Broadly, the first part of our discussion tonight will include the following topics:

  • Development of Behavior Intervention Specialist position

  • Process improvements: development of Special Circumstances Independent Assessment (SCIA)

  • Special Education Advisory Committee

  • Revision of Policies and Procedures: updated handbook

  • Advanced reading support training for staff (Wilson Reading)

In a second portion of our discussion, the Assistant Superintendent for Business Services will update the Board on the ongoing challenges to contain costs in special education. The cost areas we will be reviewing include:

  • Non-Public Schools

  • Non-Public Agencies

  • Settlements

  • Costs related to pilot program regarding Behavior Intervention Specialist Positions (10)

RECOMMENDATION/QUESTIONS FOR THE BOARD:
What specific questions do you have relevant to the aforementioned focus areas?

NEXT STEPS:
Staff will update the Board again in the Spring

FISCAL IMPACT:
Non Public School contracts total  $2,078,440 which exceeds budget by $301,412

Non-Public Agency (NPA)contracts total $3,285,999 which $842,232 less than the budget.  However, there is a contract for Juvo in the amount of $1,689,826, which is pending. If this is approved, the cost will exceed budget by $847,593.

Settlements total $375,750 which is $134,249 less than the budget.

RELATED PAST BOARD ITEMS:

December 6, 2017 (Item 17.1)

March 14, 2018 (Item 13)

May 30, 2018 (Item 13)

September 12, 2018 (Item 15)








 
Attachments:
Presentation on Costs
Presentation on Program
14. Solicit Answers to Trivia Questions
15. The California School Dashboard Fall 2018 Local Indicators - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pasquale Scuderi, Associate Superintendent, Education Services
PRESENTER: Patricia Saddler, Director, Programs and Special Projects
DATE: November 14, 2018
SUBJECT:      The California School Dashboard Fall 2018 Local Indicators

PURPOSE:
Revisit the California School Dashboard and receive and discuss a report from staff on the Local Indicators.

BACKGROUND:
The California School Dashboard is a website that shows how local educational agencies and schools are performing on the indicators in California's school accountability system. The Dashboard was created to give families and the public a better idea of what is happening in our schools and districts and to identify where extra assistance is needed. The Dashboard is a component of the Local Control Funding Formula passed in 2013 that significantly changed how California provides funding to public schools and holds local educational agencies accountable for student performance.

California's new school accountability system provides a more complete picture of how schools are meeting the needs of all students. The Dashboard shows performance on multiple measures that contribute to a quality education for students and it is aligned with the federal requirements of the Every Student Succeeds Act (ESSA).

For certain priority areas, the State Board of Education approved the local indicators, which are based on information that local educational agencies collect. These local indicators are:

  • Basic Services - Priority One

  • Implementation of Academic Standards - Priority Two

  • Parent Engagement - Priority Three

  • School Climate - Priority Six

  • Access to a Broad Course of Study - Priority Seven (new local Indicator)

In order to “meet” a local indicator, a district must complete a self-reflection tool and report that information to its governing board at a regular board meeting and  upload the information to be displayed through the Dashboard.

STAFF RECOMMENDATION:
Receive the report on each of the five local indicators.  

FISCAL IMPACT:
N/A

RELATED PAST BOARD ITEMS:

October 25, 2017 -  Item 12.1. Update on the California Accountability Model and School Dashboard System  

November 14, 2017 – Item 14.3. California School Dashboard - Local Indicators 

ATTACHMENTS

Copies of tonight’s presentation will be made available at the Board Meeting.






 
Attachments:
Presentation
16. Approve Notice of Intent to Revoke REALM Charter - Action (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Board of Education
FROM:         Pauline Follansbee, Interim Assistant Superintendent
DATE:            November 14, 2018
SUBJECT:    Notice of Intent to Revoke REALM Charter

PURPOSE:
Approval of Notice of Intent to Revoke REALM Charter. 

BACKGROUND:
On September 20, 2018, the Board approved a Notice of Violation issued to REALM Charter regarding REALM’s relocation to Contra Costa County.  REALM was given a remedy period which ended October 5, 2018. 

REALM responded on October 15, 2018 that they secured the Building and Change of Occupancy permits from the City of Berkeley, and projected a move-in date by October 25, 2018.  A lease extension for the property in Contra Costa was provided which extended the lease through October 31, 2018.  REALM charter has not relocated to the Berkeley site as of November 7. 2018. 

Per Education code section 47607(e), the District can issue a Notice of Intent to Revoke no later than 60 days after the remedy period.   

RECOMMENDATION/QUESTIONS FOR THE BOARD:Staff is recommending that the board approve the Notice of Intent to Revoke REALM Charter.

NEXT STEPS:
Within 30 days to providing the Notice of Intent to Revoke, the Board should have a Public Hearing. This would likely occur at the December 12, 2018 board meeting. Within 30 days of the Public Hearing, the Board determines action on the Notice of Intent to Revoke.

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

September 26, 2018 - Notice of Violation for REALM Charter School

ATTACHMENTS:

The Notice of Violation approved at the September 20, 2018 board meeting

REALM Charter’s leases addendum

REALM’s response to the Notice of Violation.

 
Attachments:
Lease extension
REALM response
17. Information Items
17.1. Board Policy re Free Provision of Menstrual Products to Students - First ReadingWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Board of Education
FROM:          Policy Subcommittee
DATE:            November 14, 2018
SUBJECT:    Free Provision of Menstrual Products to Students

BACKGROUND INFORMATION: 
California law has long required our schools to keep every restroom maintained and cleaned regularly, fully operational, and stocked with soap and paper supplies. 

A new California law, AB 10, took effect on January 1, 2018, and it requires public secondary schools meeting a certain poverty threshold to provide free menstrual products to students (pads and tampons) in 50% of bathrooms. This law is now codified in Education Code 35292.6.

The average onset of menstruation is about 12.5 years old for all girls, and it is even earlier for black girls. Some girls get their periods at a significantly younger age.

A national survey of women in the U.S. showed that 86% of females had experienced starting their period unexpectedly without the supplies they need.

Female students who unexpectedly get their periods in school may not have menstrual products available, or they may not have those supplies with them in the bathroom. Girls often miss or leave school because of the lack of access to feminine hygiene products. (A student who misses 30 minutes of instruction more than three times in a school year is deemed a “truant” in California and truancy has a sliding scale of penalties for both parents and students.)

The Policy Subcommittee discussed the attached policy on two occasions: October 11, 2018 and November 8, 2018.  This policy goes further than the new California law, and requires all secondary schools in the district (not only those above a certain poverty threshold) to stock free menstrual products in girls’ and gender-neutral bathrooms. It also requires all elementary schools to stock these products in at least one girls’ or gender-neutral bathroom, as some of our 5th and even 4th graders have begun menstruating. The policy also requires all girls’ and gender-neutral bathrooms serving students over the age of nine to include trash receptacles to facilitate to proper disposal of menstrual products (which may not occur if a girl is, for example, embarrassed to leave a stall to use a trash can).

Although we are not aware of any other public school district in California with such a policy, both New York City and the state of Illinois now require the provision of free menstrual products in their public schools bathrooms.

Many, if not all, BUSD schools stock free menstrual products in the school office or health center, a laudable but insufficient practice. The attached policy will reduce stigma; provide ready access to menstrual products for students without the traditional embarrassment of asking for supplies; and will reduce tardies or absences for students on their periods. It will also ensure that students who cannot afford to buy menstrual products will not go without these basic necessities while at school. (The District’s McKinney-Vento counselor also maintains a stock of supplies for homeless students.) 

Several BUSD secondary schools (including Berkeley High) have taken the initiative to install free dispensaries for menstrual products. The District estimates that the one-time cost of installing dispensaries in the remaining schools will be less than $5000. The on-going annual cost of keeping the dispensaries stocked across the District is projected to be approximately $5000.

The Policy Subcommittee believes that the District, not the school sites, should absorb the cost of providing additional basic sanitary necessities to its students. We understand that, if the Board approves this Policy, the Superintendent will be bringing a budget request in the Spring to ensure compliance with the Policy by the beginning of the 2019-2020 school year.

This proposed policy is being presented tonight for first reading.




 
Attachments:
BP re Menstrual Products (Draft)
17.2. Repeal BP 1312.1 and BP 1312.3 - First Reading
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Board of Education
FROM:           Policy Subcommittee
DATE:             November 14, 2018
SUBJECT:     Repeal BP 1312.1 and BP 1312.3

BACKGROUND INFORMATION: 

In reviewing our complaint policies, we need to formally repeal some that have been superseded by BP 1311.

RECOMMENDATION:
Repeal BP 1312.1 and BP 1312.3


 
Attachments:
BP 1311 (CURRENT)
BP 1312.1
BP 1312.3
18. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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.

19. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
20. Adjournment

Published: November 9, 2018, 7:49 PM

The resubmit was successful.