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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 12, 2018
SUBJECT: Board Meeting Calendar for 2019

BACKGROUND INFORMATION:
The proposed Board meeting calendar for 2019 includes 20 regular meetings. The meeting dates have been determined with the consideration of major religious holidays as well as major school events and breaks. 

POLICY/CODE:
BB 9100 / Ed Code 35143

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Approve the regular Board meeting calendar for 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: December 12, 2018
SUBJECT: Committee and School Assignments for 2019

BACKGROUND INFORMATION: 
Board participation on the various committees, workgroups and schools serves to create and maintain a collaborative relationship between the District and the community while supporting Board policies and mutual objectives. 

Proposed school and committee assignments for 2019 are attached. 

POLICY CODE: 
BB 9100 / Ed Code 35143

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the proposed committee and school assignments for 2019.

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, Human Resources
DATE:       December 12, 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, Ed. Services
DATE:         December 12, 2018
SUBJECT:   Approval of Out of State Travel Request

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

Annual Partners in Education Kennedy Center Meeting, February 4-9, 2019
Approval for VAPA Supervisor, Pete Gidlund to travel to Washington, D.C., to attend the annual Partners in Education meeting. By association, the Kennedy Center oversees our partnership with the Alonzo King LINES Ballet, which provides dance instruction and teacher PD to Washington elementary and will provide BUSD with general dance PD to elementary teachers district wide 2017-2020. Requested by: Maggie Riddle, Director K-8 Schools

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel consistent with the District Policies and instructional programs.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           December 12, 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 $51,870.00 funded from the Special Education Budget and additional contribution from the general fund. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:            December 12, 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 $133,318.00 funded from the Special Education Budget and additional contribution from the general fund. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D, Superintendent
FROM:        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.
3. Dorian Artistry in Photography donated $725.72 to Rosa Parks Principal Discretionary Fund.
4. Dorian Artistry in Photography donated $592.02 to Cragmont School.
5. County of Alameda donated $100.00 to John Muir Principal’s Discretionary Fund.

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 $4,067.74 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent  Business Services 
DATE:        December 12, 2018
SUBJECT: Approve Listing of Warrants issued in November 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 November is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,410,783.60 for the month of November 2018 from various funds.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         December 12, 2018
SUBJECT: Approval of Payroll Warrants Issued in November 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 November 2018.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT: 
$8,504,395.28, for November 2018 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in November 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        December 12, 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. Regents of the University of California, to provide Destination College Advising Corps and Early Academic Outreach Programs to Berkeley High School for the period from 8/01/18 – 6/30/19. The cost will not exceed $18,000. To be paid from General Fund. Requested by Pasquale Scuderi.
   
2. Increase in contact to Applied Materials & Engineering, to provide additional destructive testing for structural design for the Berkeley Community Theater. The Board originally approved $40,000 on 9/26/18. The additional amount needed is $40,500 for a total amount of $80,500. To be paid from Measure I. Requested by John Calise.
3. The Regents of the University of California, to provide after school BUILD (Berkeley United in Literacy Development) program tutors to Berkeley Unified School District for the period from 12/3/18 to 6/14/19. The cost will not exceed $25,000. To be paid from After School Parent Fund. Requested by Aaron Jorgensen.
4. Increase in contract, PO#191112 with Cooking Round the World, to provide after school enrichment classes for Jefferson and Thousand Oaks Elementary. The original amount of $9,600 was issued on 10/11/18. The additional amount requested is $6,400 for a total amount of $16,000. To be paid for by PTA Donations. Requested by Aaron Jorgensen.

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

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

BERKELEY PUBLIC SCHOOLS

President Daniels called the meeting to order at 7:34pm. He reported that the Board convened to Closed Session at 6:03pm.

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

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 Appel and Daniels, item 12.4 was pulled altogether and item 14 was moved to precede item 13.

Motion to approve agenda as amended:
Appel/Leyva-Cutler and approved without objection 4-0. 

REPORT CLOSED SESSION
President Daniels reported out on closed session: 

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed. No actin 

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

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

Amy F. v BUSD (OAH Case No. 2018070634)

Leyva-Cutler/Appel and approved without objection on a 4-0 vote.

Student A v. BUSD (Case No. DSC1503595)

This item was not discussed 

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

The Board discussed this item; no action was taken.

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

Motion to ratify a settlement agreement with and separation from classified employee #4871:
Hemphill/Daniels approved without objection on a 4-0 vote.

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

Berkeley Council of Classified Employees (BCCE)

The Board received an update; no action was taken.

Local 21

The Board received an update; no action was taken.

PUBLIC TESTIMONY
A total of 12 people addressed the Board:

Eight comments advocating for additional time for students to eat lunch. 

One comment in support of the sustainability plan as presented tonight.

Three comments around paly structure at King CDC.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler thanked the parents who came out tonight to address the Board.  She shared that she visited the new CTE spaces and was very impressed.

Director Hariri thanked his peers for coming out to address the Board tonight.  

Vice President Appel shared that she visited MX and had the opportunity to observe lunch time; thanked the parents who are working with site administration to come up with a solution. 

Director Hemphill will hold office hours this Saturday at Café Leila at 10:30AM. She announced that the kick off for the annual celebration of the BHS African American studies department will be on October 20.

President Daniels stated that for the last couple of Board meetings he has talked about his experience as a new BUSD parent. He recalled his son expressing his excitement of animals and predators as he brought home his first book to read. Daniels shared that this was indicative of the wonderful way in which his son is experiencing school. He added that this makes him very happy as a product Berkeley schools himself. He closed his comments by remarking that “there is no class likes the class of 1999.” 

Superintendent Evans shared that he is convening with MX administration to work towards a solution for MX’s lunch period. He went on to report that all staff attended professional development on implicit bias on Monday. He also announced the upcoming Superintendent’s speaker series.

CONSENT CALENDAR
Motion to approve the Consent Calendar as amended:
Hariri/Leyva-Cutler and approved on a 4-0 vote 

Update on Possibilities for Financing Educator Housing and Information on City of Berkeley Measure O – Discussion

Time allotted: 30 min
Actual time: 33 min

President Daniels framed this item, stating that discussion on this effort initiated back in March of 2017. In the summer of that same year, staff conducted a survey around the need for affordable housing which proved to be a significant need among BUSD renters.  

City of Berkeley Mayor Jesse Arreguín added that the information being presented tonight is a result of the many years of discussion at the City level around employee housing. The biggest challenge lies in decreasing state resources amid increasing housing needs, complicating BUSD’s access federal dollars. Measure O is on the November ballot to provide funds to rehab and acquire affordable housing for homes, seniors, veterans and working families, including teachers. Funds generated by Measure O would create affordable housing by making funding available via nonprofit developers.The Measure will require 2/3 of the vote in order to be adopted by City Council. Questions and discussion followed.

Update on the African American Success Project – Discussion
ime allotted: 45 min
Actual time: 34 min 

Kamar Uguinn walked the Board through a design process centered on intentional relationship building that is leading his approach and effort to address the need of our students. Questions and discussion followed.

Approval of Agreement with the City of Berkeley for Use of the Board Room Chambers – Action (15 min)

Vice President Appel shared that this agreement is the culmination of years of negotiating with the COB around the shared use of BUSD’s Board Room chambers.

Motion to approve agreement with COB for the use of BUSD's Board Room Chambers:
Appel/Hemohill and approved  on a 4-1:
Josh Daniels, President – No
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes  
Ty Alper, Director -- Excused 
Arvin Hariri, Student Director - Yes 

ADJOURNMENT 10:07PM

BERKELEY PUBLIC SCHOOLS

Official Minutes
October 24, 2018 

President Daniels called the meeting to order at 7:44pm. He reported that the Board convened to Closed Session at 6:00pm. 

Roll Call
Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – 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 -- Excused

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 Daniels, order of agenda was rearranged as follows:

• Update on BHS Redesign/Universal 9^th Grade
• Next Steps to Lower the Voting Age for Berkeley School Board Elections to 16 Years Old
• Update on Possibilities for Financing Educator Housing 

Motion to approve agenda as amended:
Appel/Appel and approved unanimously approved 6-0.

REPORT CLOSED SESSION
President Daniels reported out on closed session: 

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

Claim No. 120300232
Motion to approve settlement in this case as recommended by staff:
Alper/Leyva-Cutler and approved on a 4-0 vote:
Josh Daniels, President – Yes
Judy Appel, Vice President –Absent
Beatriz Leyva-Cutler, Director/Clerk – Yes
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes

OAH Case No. 2018030397

President Daniels explained that this was an agreement that BUSD entered into. As part of the agreement, he read aloud a statement from the plaintiff, followed by BUSD’s response: 

On behalf of the District and the Board, I would like to apologize to the student and his family for the District's failure to appropriately serve the student and for the discrimination and harassment that the student experienced at Cragmont Elementary School. The District did not appropriately serve Student when he was a student at Cragmont Elementary School. The District did not implement Student's IEP during the period covered by this Agreement. And finally, I would like to reiterate the District's deep commitment to appropriately serving all students with disabilities such as the student in this case. 

Superintendent’s Evaluation (Government Code Section 54957)
The Board discussed and gave the Superintendent a preliminary evaluation; no action was taken.

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

Berkeley Council of Classified Employees (BCCE)
The Board received update; no action was taken.

Local 21
The Board received update; no action was taken. 

PUBLIC TESTIMONY
A total of people addressed the Board:

One comment thanking the Board and staff for addressing issues brought up by the King CDC community.

One comment in support of efforts around the Vote 16 initiative. 

One comment in support of affordable housing for teachers.

One comment noting positive feedback received from families and students on the BHS Redesign/U9.

UNION COMMENT
BFT President Cathy Campbell commented in response to statements read earlier and remarked that there is much work that can only be done with the support of the district. She went on to speak to the possibility of educator housing and the issue of teacher recruitment and retention. She hopes that citizens will vote in support of Measure O as BFT and BCCE support these efforts.   

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Hemphill responded to the public comment about playground issue at King CDC saying that it is coming to the Facilities Subcommittee on Nov. 7. She invited the King CDC community to attend this meeting. She announced her last office hours will be on Saturday, November 10 at Café Leila at 10:30am. With respect to the statement, she expressed deep sadness and apologized that the situation that led to the Board making the statement even took place. No student should have to endure not having appropriate support She concluded her comments by announcing that the next event for the 50^th annual celebration of the African American studies department event will be on Sat, Nov 10 and Berkeley alum Bobby Seale will be the speaker.

Director Leyva-Cutler reiterated that the apology read aloud is sincere and captures the entire Board’s sentiment. She will hold her next office hours on the first Monday of the month at Casa Latina, 6-7:30PM. 

Director Hariri apologized to the student to whom statement was directed. He also expressed his support for affordable housing for educators.

Vice President Appel shared that she and Director Hemphill attended the inaugural event for the 50^th anniversary of the African American Studies department. She announced that The Pushouts will be screened this Friday at the Berkeley Fine Arts Museum, 8pm-11pm. Office hours will be on the last Sunday of the month at Mo’Joes, 3-5PM. 

Director Alper thanked the King CDC community for raising their concerns before the Board. 

President Daniels shared that a former BHS graduate passed away and his memorial was held today. His family has been a staple in Berkeley and BUSD for a long time. He went on to report that the first Superintendent’s Budget Advisory Committee (SBAC) meeting was held yesterday as part of a multi-month process that will result in the next Board making a decision around budget cuts. He encouraged those interested to provide input to attend SBAC meetings, which will follow a similar process as last year’s. He noted that BUSD is currently in a good situation, and non-crisis mode to make such decisions. He added that the districts who are currently struggling financially have instability in common as a result of unpredictable, unexpected changes that can cause chaos when the appropriate precautionary actions have not been taken. He remarked that BUSD needs to find a way to support its employees in the process.   

Superintendent Evans announced that the Superintendent’s speaker series will begin next week on Thursday, Nov. 1 at Longfellow.  

CONSENT CALENDAR
Motion to approve the Consent Calendar as amended:
Hemphill/Leyva-Cutler and unanimously approved 6-0.

Update on BHS Redesign/Universal 9^th Grade – Discussion
Time allotted: 45 min
Actual time: 63 min 

BHS Principal Erin Shweng, BHS Vice Principal Tonia Coleman, BHS Design Team Lead Hasmig Minassian, and 9^th Grade Math Coordinator Sumeyye Cardakli presented some preliminary data preceding the release of quarter one grades which are not out until the end of the week. Their presentation provided an overview of the naming process for all of the seven hives, as well as an update of the U9 launch which was successful in part to the early hiring of committed teachers. They reported that feedback from teachers, the community and students has been positive so far. Two more student surveys are scheduled to be conducted before the end of school year. Results will be used to track student growth and to further inform what is and isn’t working. Additionally, a newly implemented student support contact tracking system by subject matter and tardy policy have improved student attendance. has been implemented as well as a new tardy policy. Moving forward, the plan is to continue tracking attendance, student experience and grades. Questions and discussion followed.

Next Steps to Lower the Voting Age for Berkeley School Board Elections to 16 Years Old – Action
Time allotted: 30 min
Actual time: 25 mi 

Students Leading the Vote 16 initiative reported that for the past two months they have continued to register peers to vote. In partnership with the Women League of Voters, they conduct trainings for those who wish to help register. The students shared that they met with the Alameda County Registrar of Voters and discussed the logistical aspects involved in the implementation, mainly funds and potential challenges that could arise in the process. They would like to retain legal counsel to help them to better understand and address said issues. The goal is to have this initiative in place by November of 2020. Questions and discussion followed.

Motion to direct the Superintendent to retain legal counsel for the purpose of moving Vote 16 efforts forward:
Daniels/Hariri and unanimously approve 6-0. 

Update on Possibilities for Financing Educator Housing – Discussion
Time allotted: 15 min
Actual time: 22 min 

BeHome representative David Mayer presented information regarding workforce housing for BUSD employees. He provided some data indicative of current housing crisis. In the discussion that followed, the Board agreed that staff should include educator housing in the master plan process, ass well as plan a follow-up meeting to discuss the specificities of the process.

While there was unified desire expressed by the Board about the importance of moving forward with this effort, there was also consensus about really clarifying what every step entailed and what would be the next steps after potential land is identified for possible workforce housing.

EXTENDED PUBLIC TESTIMONY
One public comment in support of employee housing. 

ADJOURNMENT
10:48PM

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:            Pasquale Scuderi, Associate Superintendent, Education Services
DATE: December 12, 2012
SUBJECT: Update on  the Berkeley 2020 Collective Impact
PRESENTERS:    Pat Saddler, Ruben Lizardo and Nina Goldman

BACKGROUND:
Berkeley 2020 Vision is a citywide movement to ensure academic success and wellbeing for all children and youth growing up in Berkeley. The goal of the Berkeley 2020 Vision is to end the disparities in academic achievement that exist along racial lines in Berkeley’s public schools by the year 2020 and prepare all students for college and career. By working with the schools, city departments, postsecondary institutions, community organizations, and families, Berkeley 2020 Vision leverages efforts to maximize impact across six priority areas for children prenatal through 12th grade:

1.     Kindergarten Readiness

2.     Reading Proficiency by the end of 3rd Grade

3.     Math Proficiency by the end of 8th Grade

4.     College and Career Readiness

5.     Improved Health and School Attendance

6.     Community Engagement & Equity [newest priority]

In addition, Berkeley 2020 Vision focuses on the needs of college age students and promotes the goal that every student be assured a pathway to college and career that is accessible and viable through the Berkeley Promise, a college access and matriculation scholarship initiative that supports Berkeley public school low-income, first generation graduates in degree and/or certificate completion. This “cradle-to-career” approach targets interventions at key points along the developmental pathway aimed at ending the racial predictability of academic achievement.

RECOMMENDATION:
Discuss and give direction to staff.

FISCAL IMPACT:
No fiscal impact.

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: December 12, 2018
SUBJECT:     The California School Dashboard Fall 2018 Local Indicators

PURPOSE:  
Review the results and new format of the newly released California Dashboard and Local Indicators.

BACKGROUND:
The California School Dashboard is an online tool 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.

On December 6, 2018, the Department of Education released the results of the local indicators for BUSD and tonight staff will review highlights with the Board.

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

November 14, 2018- Item 15 - The California School Dashboard Fall 2018 Local Indicators

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:         Pauline Follansbee, Interim Assistant Superintendent
DATE:            December 12, 2018
SUBJECT:    Public Hearing for the Notice of Revocation for REALM Charter 

PURPOSE:
To hold a Public Hearing on Intent to Revoke REALM Charter which needs to be held within 30 days of the issuance of a Notice of Intent to Revoke. The Public Hearing is being held 28 days after the Notice of Intent to Revoke and meets the required timeline.

BACKGROUND:
On November 14, 2018, the Board approved the issuance of a Notice of Intent to Revoke REALM Charter in accordance with Ed Code Section 47607(e).  On November 20, 2018, the District issued the attached Notice of Intent to Revoke to REALM Charter School.  

This Notice of Intent to Revoke arises out of the Notice of Violation previously issued to REALM regarding its lease of facilities at Tehiyah Day School located at 2603 Tessajara Avenue, El Cerrito, California for its middle school, for the period between August 15, 2018 and September 30, 2018.  The lease was subsequently extended through November 30, 2018.

NEXT STEPS:
The Board will take action on a Final Decision in open session within 30 days of the public hearing, or within 60 days, if the District and the Charter School agree to extend the issuance of the Decision by an additional 30 days. 

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST

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

November 14, 2018 – Item 16 Approve Notice of Intent to Revoke REALM Charter

ATTACHMENTS
Attached is REALM Charter’s Notice of Intent to Revoke.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Donald Evans, Ed.D., Superintendent
FROM:         Pauline Follansbee, Interim Assistant Superintendent of Business Services
DATE:            December 12, 2018
SUBJECT:      Approval of First Interim Budget Report 

BACKGROUND INFORMATION:
Staff has prepared the First Interim report in compliance with Education Code EC 42131 (a)(1) requirements and AB1200. The First Interim Report covers the reporting period ending October 31, 2018. The report is required to be approved by the governing Board no later than 45 days after the close of the reporting date to determine whether or not the District is able to meet its financial obligations. The following certifications may be assigned:

• Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified: assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative: assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the First Interim Report, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The First Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of First Interim Report
5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
6. Form 11I–67I for all other district funds
7. Form AI – Average Daily Attendance
8. General fund Multi-year projection using the MYP software (under separate cover)
9. Criteria and Standards

This First Interim Report along with the Multi-Year Projections (under separate cover) indicate that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the First Interim Report to the County with a positive certification.

POLICY/CODE:
Education Code Section 42100 – 42134 et seq.

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the First Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:      Board of Education
FROM:         Policy Subcommittee (Alper and Leyva-Cutler)
DATE:          December 12, 2018
SUBJECT:     Review of Policy Subcommittee Work in 2018

The Policy Subcommittee has had an active year.  The purpose of this memo is to provide the Board with an overview of the committee’s work over the past year. All of the committee’s work has benefited to a great extent from the input and participation of many members of the community.

For a meeting in early January, we will identify for the Board potential policy priorities that the Board Policy Subcommittee has identified for the 2019 year.  The Subcommittee would then like the Board's input on additional priorities, if any, for 2019. We understand that this discussion will be placed on the agenda of the January 9, 2019 Board meeting.

For more information about BUSD policies and the committee’s work, please visit: https://www.berkeleyschools.net/schoolboard/policies/

Review of 2018 Policy Subcommittee Activity

Below is an accounting of most of the committee’s activity in 2018.  Note that this list does not include discussions at the Board level. 

K-8 SSC Bylaws: After six committee discussions, the Board approved in September 2018 significant revisions to the bylaws for our K-8 school site councils.

Complaints:  After one committee discussion, the Board approved some “clean up” to our District-level complaint policies.

Free Menstrual Products: After two committee discussions, the Board approved in November 2018 a policy requiring the provision of free menstrual products in BUSD bathrooms. 

LCAP: After six committee discussions, the Board approved in May 2018 revisions to the way in which LCAP reserve funds are managed.

Protection for Undocumented Students: After four committee discussions, the Board approved in June 2018 revisions and improvements to our policy that is designed to protect undocumented students. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Donald Evans, Ed.D., Superintendent
FROM:        Natasha Beery, Director of BSEP and Community Relations
Danielle Perez, BSEP Program Specialist
DATE:         December 12, 2018
SUBJECT:    Election, Diversity and Activity Report for School Site Councils, and Berkeley High BSEP Committee for the 2018-19 School Year

BACKGROUND INFORMATION:
Each year the Board receives a report on the elections and membership of the School Site Councils (SSCs) for all BUSD schools, including the Pre-K Program, the TK-8 schools, Berkeley Technology Academy (BTA), the Independent Study (IS) Program; and the two Berkeley High School (BHS) committees: the BHS BSEP Site Funds Committee and the BHS School Site Council (SSC). This report was reviewed by the BSEP Planning and Oversight Committee on November 27, 2018.

Principals and committee members were surveyed online to obtain a full picture of the conduct of elections for each site, including candidate outreach, nominations, election mechanisms, and community notification. 

Candidate outreach and recruitment: Schools solicited parent candidates using a variety of methods:

• Paper flyers/newsletter messages with an attached nomination form;
• Email and e-tree messages encouraging participation, in most cases with an online nomination option;
• Word of mouth and outreach to specific individuals and groups; and
• Announcements and information tables at Back-to-School Night, PTA meetings, and other gatherings.

While most principals used a combination of methods, 58% found face-to-face individual outreach itself “very effective” while another 21% found it “somewhat effective.” At the Elementary level, three of 11 principals (27%) found outreach by their Family Engagement staff to be “very” to “somewhat effective,” while five (45%) found it “slightly” to “not effective” and three (27%) did not leverage this method at all. Principals also rated e-tree or email nomination methods more effective than paper forms in soliciting nominees.

Principals also reported using a variety of messages to encourage participation, including:

• Have a say in school priorities and how BSEP monies are spent;
• Take the opportunity to learn more about the school and engage with staff and other parents and students;
• We need you – your skills and unique perspective; and
• Be a sounding board for the principal.

In terms of the efficacy of these messages, 79% of principals reported using “having a say in school priorities” and “the opportunity to learn more about school programs and priorities” as primary messages in recruitment. 68% also reported using the “opportunity to engage with staff, students and teachers” as well as “having a voice in BSEP site fund spending decisions” as ways they encouraged SSC participation.

As was noted in last year’s report, the election period at the start of the academic year is a challenge for most sites. Of the 19 responses, 7 principals indicated that elections held in the Spring would be an improvement to the current Fall election timeline. The downside to Spring elections, particularly for middle and high school, is the lack of opportunity for families new to the school (6^th/9^th grade) to participate. In addition, nine principals indicated that they would welcome standardized online nomination and election forms, and another 4 respondents requested additional support through more tools and direct assistance.

Despite the challenges, 16 of 19 site committees had completed elections with full participation by the September 30^th deadline. One committee completed preliminary elections but did not have enough candidates to fill the open positions, requiring more work past the September 30 deadline; two other sites received ample nominations but required extra time to complete the election process. It is worth noting that the three sites needing extra time were led by new principals. This may indicate a need to offer more proactive support to new site leaders, and may also be an argument for shifting the election season to the Spring when principals would have a better knowledge of their school community.

Sites that have had success with slate voting or “participatory” membership continued to utilize this method of encouraging increased participation in their committees. Overall 11 principals report not making a distinction between elected and alternate members, preferring to have their committees make decisions by consensus before going to a vote. As a consequence, some of the committee rosters in Appendix A may appear to be out of balance in favor of parent/guardian membership in instances where a school has fostered an increased level of parent participation in SSC that can’t be matched by increased participation of staff members.

At the high school level, there was improvement in the number of nominations for parent/community members over last school year. For the first time in recent memory, the BHS SSC Committee had more candidates for its three parent seats than the BSEP Committee did for its five seats; and both groups were fully constituted. Working closely with BHS leadership, the BSEP Office provided an online nomination form for BHS staff to disseminate to the school community, and compiled the responses into the subsequent online and paper ballots. Student selections were made the previous Spring through student government. Staff members were solicited by the principal electronically and confirmed at a staff meeting.

Ballots and Voting: 18 sites presented parent/guardian candidates via candidate statements included in printed or online ballots, while BTA held a candidate forum and vote during an election meeting. The number of sites that conducted elections with both paper and online ballots decreased from six to three in 2018. Ten principals reported conducting elections with paper ballots only, increased from seven in 2017-18. Five sites conducted elections with online ballots only, an increase over four sites doing so last year. Of the 78 parents/guardians that responded to our survey, only 5 felt that the election and outreach process was “not effective” at encouraging participation, though many had suggestions for improvements.

In an improvement over last year, all sites were successful in soliciting voter participation for parent/guardian elections. Elementary sites had responses ranging from 32 returned ballots to a high of 98 (the average being 69), the middle Schools ranged from a low of 24 to a high of 77, and Berkeley High received 252 returned ballots. The small programs received strong responses proportionate to the student numbers: BTA had 11 votes, Independent Study received 31, the Preschool program had 30 and the Stand-Alone TK program received 32.

Student elections presented some challenges at the secondary level. At Berkeley High a lack of nominees required a back-up method of interview and appointment from within the student government. In September, the Middle School principals were asked to conduct student elections and include at least one student as a voting member on their committees, but subsequently the office of Programs and Special Projects revised the interpretation of the federal requirement to require that SSCs solicit student input, while not mandating a student SSC member. Longfellow chose to accept all four of their student nominees as Co-representatives who would partially participate in SSC business by attending certain meetings in pairs throughout the year. King held a student election by survey but then declined to seat students on the committee once the requirements were revised. Willard distributed paper ballots for its student election, and chose to keep their voting and alternate student members on the SSC for the school year.

Staff: 11 of 19 programs chose staff committee members by consensus. Six programs held a staff vote and two groups had staff members nominated by the principal. The majority of principals solicited staff nominations during staff meetings in conjunction with emails to teaching staff. Nine principals also engaged in individual recruitment, while only four sites utilized paper nomination forms to gather staff nominees.

Roster: Attached as Appendix A is a roster of the approximately 274 parents/ guardians, students, teachers, principals, and other staff members who have made the commitment to serve on their SSC, BHS BSEP, or the P&O Committee this year.

Diversity: Attached as Appendix B is a chart showing the ethnic/racial composition of the SSCs in Pre-K through 5 schools, middle schools and high schools, as well as a comparison with the district student body. Continuing from last year, the methodology of collecting these data included the following practices:

• Ethnic/racial categories match the federal and state categories which are used for the student CALPADS data.
• Race/ethnicity data was obtained through self-report, and was supplied by principals for members who did not respond to the election survey. (16.5% of members did not respond to the survey requesting this information.)

Given the relatively small numbers at each site, rather than providing counts and percentages for each school site, results were summarized by preK-5, middle school and high school levels.

Overall, 33.8% of committee members identify as non-white (Asian, Hispanic, African-American, multi-racial) and 49.6% are non-Hispanic white. This is an increase of two percentage points in the White category. A few key findings:

The use of the five categories used to identify students in CALPADS continues to be problematic for many SSC members, who did not feel their ethnicities fit into the options provided. Some indicated, for example, that they were Jewish as distinct from White. Others of Middle Eastern, Afro-Puerto Rican and Filipino backgrounds did not feel comfortable identifying with any of the offered categories. Several respondents indicated “non-American” as how they would most accurately describe themselves.

Not only does the five category report not fully capture the diverse backgrounds of the members, it does not show the many perspectives brought to the table as parents of children with learning disabilities, or as single parents, for example, which can be important dynamics for both outreach and inclusion. Furthermore, in hard numbers, many site find it difficult to build a committee when parents of “unduplicated” students are pulled away to serve on the PAC and those of English learners to ELAC or DELAC.

Committee Member Education: The updated School Committee Handbook was distributed at the district’s Committee Orientation event on October 18, and extra handbooks were sent to each site to be given to members who could not attend the training. Additionally, concurrent with widening the scope of the training event to invite all interested community members, and particularly parent-led committees such as PTAs, handbook materials were also made available to any interested community members. After the Orientation, handbooks were requested by DELAC and PTA members from various sites. This is an encouraging development as an emphasis of the training was to increase cooperation and information sharing between committees at each site.

The handbook includes sections on "Best Practices" and suggested annual calendars, as well as Meeting Summary and Site Plan Addendum examples and a dictionary of key BUSD acronyms and terms. There is a section for bylaws and guides for all school committees and the various funds they oversee, including BSEP site and district-wide, LCAP, and Title I resources. In response to committee member feedback requesting more solid education to participate in committee decision-making processes, the handbooks also included the following new materials:

• The full text of the site plan according to the member’s location, as well as student enrollment data and budget information specific to that site for the past four years;
• A timeline for distribution and descriptions of the data that BREA will provide to the sites to be used in their decision-making processes; and
• Examples from within BUSD of methods to share committee, site plan and budget information with the broader school community, including graphics created by a BUSD parent and a letter from a BUSD principal.

This handbook includes a suggested month-to-month agenda for SSC tasks, attached to this report as Appendix C. In response to requests from SSC members, more concrete information on staff salary decision-making deadlines was incorporated into this document as well.

Activities: On October 18, 2018 the annual School and District Committee Orientation was held at Longfellow Middle School. In past years, turnout for the event has been drawn mostly newer members, and sites have found it challenging to ask committee members to attend an additional evening event on top of the regular monthly meetings. The BSEP Program Specialist sent invitations to the PTA leadership of each school and to all P&O Committee members to encourage participation beyond SSC, PAC, and DELAC members. This year it was requested that all SSCs designate the Orientation as their regular meeting for October so that every program could convene a full SSC meeting as a part of the evening’s program. This was also decided as a way to help Programs and Special Projects integrate a requirement to have all sites receiving Title 1 funding discuss parent engagement policies, which was included in the agendas provided to each SSC prior to the event. The BSEP Director and Program Specialist were able to visit many of these on-site SSC meetings briefly, providing support and answering questions when needed or simply observing the processes of the groups.

The evening was broken up into two parts, the first being a choice of workshops: Committees 101 for new members; Committees 201 for returning members, principals, and potential leaders; and Mind the Gap: a roundtable discussion led by Kamar O’Guinn of the African American Student Success Program. In the Committees 101 and 201 workshops, facilitators emphasized the connected nature of each site’s SSC work with that of other school and district committees such as PTAs, affinity groups, and district-wide committees like the P&O, PAC, and DELAC. After the workshops, members regrouped for committee meetings, which included SSC, the PAC and DELAC groups. Members of other committees (PTA, P&O, etc.) were encouraged to attend their sites’ SSC meetings as members of the public.

The turnout of approximately 145 participants was a significant increase over 120 last year. Participant feedback for the event was positive, with many attendees appreciating expressing satisfaction with the amount of information provided during the workshops and noting that the provided childcare and dinner made it feasible to attend. However, no all SSCs had enough attendance for a quorum, and members from those groups noted a desire to be able to take committee actions during the meeting. BSEP and Programs and Special Projects will use this feedback to encourage principals to get maximum participation in this event next year.

As a follow-up to the training event, a planned November 15 State of the District and workshop event was to include workshops on developing parent leadership capacity, an overview of the state and district budget, and student data sources and uses. However, the event was postponed due to hazardous air quality afflicting the area. This event will likely be re-scheduled for January of 2019.

Additionally, the BSEP Director and Program Specialist have begun to implement the goal of attending SSC meetings at each school site and program. These visits provide a face-to-face opportunity for SSC members to ask questions about committee and district procedures and policies, and will help the BSEP Office continue to improve and expand the Best Practices materials to be provided to committees.

POLICY/CODE:
California Education Code 52852-52855; BUSD School Site Council Bylaws, adopted by the Berkeley Board of Education September 12, 2018; BUSD Berkeley High School Site Council Bylaws, adopted by the Berkeley Board of Education August 4, 2010.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive this School Site Council, Berkeley High BSEP Committee and BHS School Site Council Election, Diversity and Activity Report for 2018-19.

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.