The Presiding Officer will call the meeting to order at 4:45 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:15 p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. will be given priority.        

Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, HR
DATE:       November 28, 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:            Evelyn Tamondong-Bradley, Assistant Superintendent
DATE:             November 28, 2018
SUBJECT:      School Campus Aide

BACKGROUND:
On September 18, 2018, Governor Brown signed into law Assembly Bill 2160, which will bring part-time playground positions (Noon Directors, Noon Supervisors) into the Classified Service effective January 1, 2019 as Permanent Classified Employees. The District has created a new job description and title for this specific classification. See attached job description.

FISCAL IMPACT: 
The District will be obligated to pay for employee benefits for School Campus Aides, including medical, retirement and vacation depending on their total FTE. The total cost is unknown at this time.

STAFF RECOMMENDATION:
Approve the duties of the new classification of School Campus Aide. 

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:    Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          November 28, 2018
SUBJECT:    Approval of Overnight Field Trip Requests

BACKGROUND INFORMATION:
The following overnight field trips are being requested:

Pigeon Pt. Environmental Ed., Pescadero, CA, February 20-21, 2019
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a two-day, one-night field trip to the Pigeon Point Lighthouse. The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, February 20^th, and return at 5:00 p.m. on Thursday, February 21, 2019.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $300 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: LaChelle Mc Daniels)

Pigeon Pt. Environmental Ed., Pescadero, CA, February 25-26, 2019
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a two-day, one-night field trip to the Pigeon Point Lighthouse. The group will depart Malcolm X Elementary at 8:30 a.m. on Monday, February 25^th, and return at 5:00 p.m. on Tuesday, February 26, 2019.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $300 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: Robert Frederick)

Pigeon Pt. Environmental Ed., Pescadero, CA, February 27-28, 2019
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a two-day, one-night field trip to the Pigeon Point Lighthouse. The group will depart Malcolm X Elementary at 8:30 a.m. on Wednesday, February 27^th, and return at 5:00 p.m. on Thursday, February 28, 2019.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $300 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: Lori Ransdell)

Pigeon Pt. Environmental Ed., Pescadero, CA, March 4-5, 2019
Approve participation of twenty-five fifth grade students, one teacher, and four other adults from Malcolm X Elementary School on a two-day, one-night field trip to the Pigeon Point Lighthouse. The group will depart Malcolm X Elementary at 8:30 a.m. on Monday, March 4^th, and return at 5:00 p.m. on Tuesday, March 5, 2019.  This field trip incorporates hands-on standards-based science and field work, including team and community building.  Students will sleep in gender specific, hostel style cabins on the grounds.  BUSD buses will provide transportation. The cost of $300 per student will be paid by parent and PTA donations. No student will be denied access based on inability to pay. Requested by: Alex Hunt, Malcolm X Principal. (Teacher: Tara Easley-Fouche)

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:             Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        November 28, 2018
SUBJECT: Approve Listing of Warrants issued in October 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 October is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,501,706.17 for the month of October 2018 from various funds. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         November 15, 2018
SUBJECT: Approval of Payroll Warrants Issued in October 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 October 2018.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,390,568.14, for October 2018 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in October 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        November 28, 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. Child Therapy Institute to provide counseling and mental health services for Berkeley Arts Magnet Elementary for the period from 10/01/18 – 6/14/19. The cost will not exceed $21,000. To be paid from BSEP Fund and Restricted Donations. Requested by Rene Molina.
2. Ratification of contract for Northern California Play Works to install poured in place play surfacing at Jefferson Elementary for the 2019 FY. The cost will not exceed $11,893. 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 Follansbee, Assistant Superintendent of Business Services
DATE:        December 12, 2018
SUBJECT: Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

1. Your Cause Wells Fargo donated $1,250.00 to Sylvia Mendez Principal’s Discretionary Fund.
2. Cragmont PTA donated $1,400.00 to buy Walkie-Talkies.

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 $ 2,650.00 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           November 28, 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. 

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $72,547.00 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Ed.D., Superintendent
FROM:           John Calise, Executive Director of Facilities
DATE:            November 28, 2018
SUBJECT:    Approval of Piggyback with Mobile Modular Management Corporation for the Temporary Housing at Rosa Parks Elementary School

BACKGROUND INFORMATION:
This item is ancillary to the roof project at Rosa Parks Elementary.  Due to the nature and scope of work, interim housing will be required to serve as a Multi-Purpose Room for the campus.  This will allow the campus to operate with minimal interruption to program and first instruction during construction.  The Interim Housing portion of the project for the work at Rosa Parks will require construction during summer of 2019.  Staff recommends that the Governing Board approves this contract in order expedite the project.  Additionally, staff recommends the use of an existing “piggyback” contract with Mobile Modular Management Corporation that was awarded after a public bid under project bid # B17-28-11-000-9291 with the Pajaro Valley Unified School District on January 19, 2018 under Consent Agenda Item 12.13.  Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for a period of five years.

Staff recommends the following actions for the Interim Housing project. 

Authorize staff to enter into an Agreement with Mobile Modular Management Corporation to lease and install portables as part of a Piggyback bid with Pajaro Valley Unified School District.  Not to exceed one-time costs for installation of $32,213.08 and six months lease total of $29,448.00.  Cost upon breakdown and return of interim portables of $11,593. Total cost for this authorization of $73,254.08.

POLICY/CODE:
Public Contract Code 20118

FISCAL IMPACT:
Total this action: $73,254.08.  Total Project budget is $750,000 (Measure I: $564,000, Measure AA: $186,000) All costs are contained within the project budget.

STAFF RECOMMENDATION:
Authorize piggyback contract for with Mobile Modular Management Corporation for the Interim Housing Project at Rosa Parks Elementary.      

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Board of Education
FROM:          Policy Subcommittee
DATE:            November 28, 2018
SUBJECT:    Free Provision of Menstrual Products to Students

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 was presented for first reading on November 14 and is now being presented for approval. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Board of Education
FROM:           Policy Subcommittee
DATE:             November 28, 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.

 This request was presented for first reading on November 14 and is now being presented for approval. 

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:          School Board
FROM:           Donald Evans, Superintendent
DATE:             November 28, 2018
SUBJECT:      State of the District

BACKGROUND INFORMATION:
The priorities and initiatives of the 2018-19 school year are aligned with our Local Control and Accountability Plan (LCAP) goals and designed to further our mission of Excellence, Equity, Engagement and Enrichment.

Over the last couple of years, significant progress has been made in each of these key goal areas:

LCAP Goal 1: Provide high quality classroom instruction and curriculum that promote college and career readiness with academic interventions in place to eliminate barriers to student success.

LCAP Goal 2: End the racial predictability of academic achievement by ensuring that all systems are culturally and linguistically responsive to the needs of our students.

LCAP Goal 3: Ensure all school sites have safe, welcoming and inclusive climates for all students and their families, so that all students are in their classes ready to learn.

This year we continue to direct significant resources to further the initiatives and programs that will have the greatest impact on outcomes for all students, while concentrating our Local Control Funding Formula supplemental grant funds on programs and services to benefit our high need students.

In order to provide the School Board and community with an overall assessment of the state of the district, this presentation will focus on the most critical district-wide priorities and initiatives in this new school year, including:

·       Fine-tuning teaching and learning and targeted interventions for high-need students;

·       Expanding professional development opportunities for all;

·       Expanding CTE opportunities for students;

·       Implementation of the Universal 9th Grade Program at Berkeley High;

·       Effectively stewarding our local and state education dollars;

·       Strengthening partnerships with our community;

·       Planning future facilities developments in line with our education programs and goals.

To provide context for the work, the presentation will include key data points and indicators used to track our progress and inform our work.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         November 28, 2018
SUBJECT:   Form J-13A - Request for Allowance of Attendance due to Emergency Conditions

BACKGROUND:
Form J-13A is used to obtain approval of attendance and instructional time credit when one or more schools were closed due to an emergency as described in Education Codes (EC) Section 41422.

On November 15, 2018, K, Karen Monroe. Alameda County Superintendent of Schools issued a release stating all public school districts in Alameda County will be closed on Friday, November 16, 2018 due to unhealthy air quality throughout the county.

RECOMMENDATION:
The governing board should approve the form by completing Section E, Affidavit of School District, County Office of Education or Charter School Governing Board Members. 

NEXT STEPS:
Once the governing board has approved the request, the District should submit the original to County Superintendent of Schools, who must approve the request before submitting it to the California Department of Education (CDE). 

The CDE will review the form and communicate their results to contacts listed on the form.

FISCAL IMPACT:
The Fiscal impact is unknown at this time.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:        James Wogan, Manager, Student Services
DATE:         November 28, 2018
SUBJECT:   Williams Quarterly Report

BACKGROUND INFORMATION:
As a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met.

1)      There should be sufficient textbooks and instructional materials for all students, including English learners.

2)      School facilities should be clean, safe and maintained in good repair.

3)      All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaints procedure to follow if there is a concern that any one of them is not being met. 

Staff is now reporting that  there were no Williams Complaints filed in quarters two(Q2) and three(Q3)

POLICY/CODE:
Ed Code 35186
Board Policy 1312

FISCAL IMPACT:
None 

STAFF RECOMMENDATION:
Receive the Williams Case Settlement Quarterly Report for information.

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.