The Presiding Officer will call the meeting to order at 5:30 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:30 p.m. 

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:       January 9, 2019
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:            January 9, 2019  
SUBJECT:     Revision of School Campus Aide Job Description

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 created a new job description and title for this specific classification and it was approved by the Board on November 28, 2018.

Since the Board approval of the job description, the District and the Union agreed to make minor changes to the job description. Attached is the revised job description for approval.   

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 revised duties of the new classification of School Campus Aide.

     BERKELEY UNIFIED SCHOOL DISTRICT  

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:          January 9, 2019
SUBJECT:    Approval of Overnight Field Trip Requests

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

Coloma Outdoor Discovery School, Coloma, CA, February 4-6, 2019
Approve participation of 73 fourth grade students, three teachers and ten other adults from Jefferson Elementary School on a three-day, two-night field trip to Coloma Outdoor Discovery School. (CODS) The group will depart Jefferson Elementary at 8:30 a.m. on Monday, February 4th, and return at 2:00 p.m. on Wednesday, February 6, 2019. CODS integrates California history and common core standards while celebrating the culture, music, and folklore of the Gold Rush. Students go back in time to learn about being a miner through various hands-on experiences. This field trip will provide significant background knowledge for two major reading and writing non-fiction units during the springtime that are themed around the Gold Rush. Michaels will provide transportation. Students will sleep in supervised, gender specific small cabins. The cost of $220.00 per student is being paid by a student donations and fundraising. No student will be denied access based on inability to pay. Requested by: Mary Cazden, Jefferson Principal. (Teachers: Abigail Rohr, Sean Keller and Yusef Auletta) 

Sempervirens Outdoor School, Santa Cruz, CA, February 4-8, 2019
Approve participation of 79 5th grade students and three teachers and one other adult from Berkeley Arts Magnet (BAM) Elementary School on a five-day, four-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups.  The group will depart BAM Elementary at 9:30 a.m. on Monday, February 4th, and return at 1:30 p.m. on Friday, February 8, 2019.  Students will participate in hands-on standards-based science and field work and it will provide students with a social living experience that’s centered around nature. BUSD will provide transportation. Students will sleep in gender specific cabins on the grounds. The cost of $347.00 per student will be paid for by parent donations, fundraising and scholarships. No student will be denied access based on inability to pay. Requested by: Rene Molina, Berkeley Arts Magnet principal. (Teachers: Mia Caporal, Adam Weis and Nicolas Stephens)

CIF/NIAA School Cheer Nationals, Las Vegas, NV., Feb. 21-25, 2019
Approve participation of 13 students from the BHS Cheer team, and one staff member/cheer coach and 13 other adults on a four-day, three-night field trip to the CIF/NIAA School Cheer Nationals Competition.  The group will meet at Oakland airport at 11:30 a.m. on Thursday, February 21^st, and return at 8:40 p.m. on Monday, February 25, 2019. During the tournament cheer teams from multiple divisions will compete twice daily over the course of two days. A full competition schedule will become available 1-2 weeks prior to the competition. The team, coach and parents will travel via Southwest Airlines. The group will stay in gender-specific, supervised hotel rooms.  The $400.00 per student cost is being paid by the Berkeley Athletic Fund and parent donations.  No student will be denied access based on inability to pay. Requested by Erin Schweng, BHS Principal. (Coach: Tiffany Williams)

Pt. Bonita Retreat Center, Sausalito, CA, April 17-19, 2019
Approve participation of 83 fifth grade students, three teachers and ten other adults on a three-day, two-night field trip to Pt. Bonita Retreat Center in Sausalito, CA. The group will depart Washington School on Wednesday, April 17^th at 9:30 a.m., and return Friday, April 19, 2019 at 2:15 p.m.  The group will engage in hands on science based lessons, learning about the environment, healthy nutrition and wellness, hiking, and thoughtful team building activities. BUSD will provide transportation.  Students will sleep in gender specific cabins. The $261.00 cost per student will be paid from grants, fundraising and parent donations.  No student will be denied access based on inability to pay.  Requested by: Katia Hazen, Washington Principal. (Teachers: Kris Kelly, Annelisa Hegdecock and Bruce Glasseroff)

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:              Donald Evans, Ed.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        January 9, 2019
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 Public Schools Fund donated $355.44 to Strategic Impact Grant 1-702 to Mia Gittlen “Instructional Technology to Boost Literacy”.
2. Berkeley Public Schools Fund donated $125.66 for 18-19 Music Scholarship for student Manuel Garcia-Fernandez.
3. Berkeley Public Schools Fund donated $646.26 to Kim Syer “Bringing a Mathematics Festival to Washington Elementary School”.
4. Nathan Phillips donated $300. to Washington Elementary School Principal’s Discretionary Fund.
5. Lifetouch donated $845.93 John Muir Elementary School Principal’s Discretionary Fund.
6. YourCause, LLC for Chevron donated $300. to Malcolm X Elementary School Principal’s Discretionary Fund.
7. YourCause, LLC for Wells Fargo donated $2,500. to Malcolm X Elementary School Principal’s Discretionary Fund.
8. Berkeley Public Schools Fund donated $3,648.54 to 18-19 Strategic Impact Grant 704 to Tracey Iglehart “Silicon Valley Math Initiative Coaching Institute”.
9. Lifetouch donated $244.42 to Sylvia Mendez Elementary Principal’s Discretionary Fund.
10. County of Alameda donated $50. to Principal’s Discretionary Fund for Sylvia Mendez Elementary School.
11. City of Livermore donated $500. to Oxford Elementary Principal’s Discretionary Fund.
12. Dorian Photography donated $343.75 to Oxford Elementary Principal’s Discretionary Fund.
13. Parents collectively donated $21,926. to Berkeley Arts Magnet for 5^th grade field trip.

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 $31,285.70 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        January 9, 2019
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. Village-Connect, Inc. to provide cultural enrichment consulting at Berkeley Technology Academy for the 2018/19SY. The cost will not exceed $20,000. To be paid from BSEP and BTECH Funds. Requested by Heidi Weber.
2. Increase in contract, PO#190630 with Garner Consulting, to provide professional development sessions and Executive Coaching. The original amount of $4,200 was issued on 8/28/18. The additional amount requested is $11,000 for a total amount of $15,200. To be paid for by General Funds. Requested by Pauline Follansbee.
3. Increase in contract, PO#190864 with Nexplore LLC, to provide afterschool enrichment classes at Willard Middle School. The original amount of $4,760 was issued on 9/18/18. The additional amount requested is $6,690 for a total amount of $11,450. To be paid for by PTA Donations. Requested by Aaron Jorgensen.
4. Increase in contract, PO#190874, to Cooking Round The World, to provide additional enrichment classes at Thousand Oaks and Jefferson Elementary School. The board approved $15,384 on 9/12/18. The additional amount needed is $16,000 for a total amount of $31,384. To be paid from PTA Donations. Requested by Aaron Jorgensen.
5. Increase in contract with Hazmat Doc, to provide hazardous material monitoring services for VAPA at West Campus. The board approved $16,400 on 11/14/18. The additional amount needed is $35,000 for a total amount of $51,400. To be paid from Measure I. Requested by John Calise.
6. Increase in contract, PO#191407, to A3GEO Inc., to provide additional geotechnical services for the Berkeley Community Theater Project. The board approved $60,000 on 9/26/18. The additional amount needed is $25,000 for a total amount of $85,000. To be paid from Measure I. Requested by John Calise.

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:           January 9, 2019
SUBJECT:      Approval of Agents and Authorized Signers for Signature Card and Official Documents and Reports for the Berkeley Unified School District

BACKGROUND INFORMATION:
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and signatures of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools. 

Staff is submitting Resolution 19-011-Authorized Agents and Authorized Signers for BUSD for approval to be submitted to the Alameda County Office of Education as required.     

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolutions 19-011,19-012,19-013 by unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           January 9, 2019
SUBJECT:     Approval of Master Contract for Nonpublic Agency Services for the 2018-19 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $72,900.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           January 9, 2019
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 $135,411.74 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:          Jan Hamilton, Director, Special Education
DATE:           January 9, 2019
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 $205,053.20 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:        January 9, 2019
SUBJECT: Approve the Advertisement of the Berkeley High Pool Equipment Modernization project

BACKGROUND INFORMATION:
On October 24, 2018 the Board approved Taylor Engineering to provide engineering design services for the Berkeley High Pool Equipment Modernization project. The plan includes the replacement of several pieces of equipment and the modernization of the rest of the equipment for energy efficiency purposes.  The designs are in their final stages and we anticipate being ready to bid in late January.

Staff is required to notify the Board when bids are being solicited.

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

FISCAL IMPACT:
Cost to be paid from the Proposition 39 and Measure H.

STAFF RECOMMENDATION:
Approve the advertisement to solicit bids for this project. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: January 9, 2019
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 will be attached. 

POLICY CODE: 
BB 9100 / Ed Code 35143

FISCAL IMPACT:
None

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

BERKELEY PUBLIC SCHOOLS

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

510-644-6206 
Official Minutes
November 14, 2018 

President Daniels called the meeting to order at 7:35pm. He reported that the Board convened to Closed Session at 5:30pm.

Roll Call
Board of Education:
Josh Daniels, President – Present,
Judy Appel, Vice President – Present
Beatriz Leyva-Cutler, Director/Clerk – Excused
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 Vice President Appel, Item 12.3 was moved to action; at the request of Superintendent Evans, Item 12.2 was pulled altogether; and at the request of Director Alper, Item12.5 and moved to action.

Motion to approve agenda as amended:
Alper/Appel and approved 5-0.

REPORT CLOSED SESSION

President Daniels reported out on closed session:

Public Employment Appointment (Government Code Section

Director, Fiscal Services

Motion to approve the appointment of Antoinette West as the Director of Fiscal Services:
Daniels/Appel and approved on a 3-0 vote:
Josh Daniels, President – Yes
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Excused
Karen Hemphill, Director – Yes
Ty Alper, Director –  Absent 

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 taken.

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

BFT

The Board received an update, discussed and gave direction; no action taken.

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

Claim No. 120300232

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

Claim No. 2018060684
Motion to approve staff recommendation to enter into a settlement:
Appel/Alper and approved 4-0:

Claim No.2018030517
Motion to approve staff recommendation to appeal an OAH decision:

Daniels/Hemphill and approved 3-0:
Josh Daniels, President – Yes
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Excused
Karen Hemphill, Director – Yes
Ty Alper, Director –  Absent

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(c)) – Two Potential Cases

Fist potential case:
Motion to approve settlement:
Daniels/Appel and approved 4-0

Second potential case:
Motion to approve settlement:
Hemphill/Appel and approved 3-0:
Josh Daniels, President – Yes
Judy Appel, Vice President – Yes
Beatriz Leyva-Cutler, Director/Clerk – Excused
Karen Hemphill, Director – Yes
Ty Alper, Director –  Abstained

Superintendent’s Evaluation (Government Code Section 54957)

The Board discussed the Superintendent’s 2018-19 evaluation.

PUBLIC TESTIMONY
A total of 14 people addressed the Board: 

One comment in support of a BUSD policy for the provision of free menstrual products at school sites.

Four comments in support of increased staff compensation.

Two comments in support of the sustainability plan.

One comment on the CA Dashboard system.  

One comment requesting the Board’s consideration to restructuring issuance of stipends.

One comment regarding BUSD’s administration. 

One comment on BUSD’s bullying policy. 

One comment requesting follow-up on a previously filed complaint

One comment requesting BUSD to provide context for class of 2019 graduating class for their low math grades.

One comment in response to a statement made by the Board at its previous meeting.

UNION COMMENT

BCCE President Linette Robinson commented in support of staff compensation.

COMMITTEE COMMENT

CTE Advisory Committee representative Stephanie Allen provided an update on CTE. She noted that CTE’s course offerings were praised in a recent WASC report.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hariri shared that he spent a week in Sacramento organizing with other youth around issues their passionate about and presented a proposal to the State Board of Education.

Vice President Appel congratulated Director Ty Alper for being reelected, and Directors Ka’Dijah Brown and Julie Sinai for being elected to serve on the Berkeley School Board. She went on to share that conversation around non-gender color specific graduation gowns has began and a proposed policy will be submitted to the policy subcommittee for review. 

Director Hemphill announced that the African American 50^th Anniversary events have begun taking place. She alerted the public to Resolution 19-006 which recognizes the 50^th anniversary of the African American Studies department. She shared that tomorrow’s event will feature the screening  of Welcome to the Neighborhood. She then went on to compliment BHS Student Rachel Alper for her advocacy around the free provision of menstrual products at BHS. Hemphill requested that when the policy subcommittee reviews this policy, it also considers making this resource available to elementary and middle schools. 

Director Alper responded to Hemphill’s comments asserting that the policy subcommittee has taken her suggestion into consideration and has agreed that each k-5 site have at least one bathroom stocked with menstrual products 

President Daniels noted that this is his and Director Hemphill’s second to last meeting. Their very last one will be on Nov. 28 and will feature a lighter agenda mainly highlighting the state of the district. He went on to report that the SBAC met yesterday and will convene again inn December. He went on to report that Berkeley voters passed Measure O, an initiative that will make funds available to provide affordable housing. He urged the District to take advantage of this opportunity especially in light of the many testimonies from teachers and staff who struggle to afford housing. He concluded by sharing that he attended his first parent-teacher conference and was impressed by the amount of time and attention the teacher put into her reports to parents.

Superintendent Evans thanked all who spoke tonight. He addressed the poor air quality affecting the bay area saying that BUSD continues to closely monitor the air quality’s progress. The District will keep the community updated as we collaborate with neighboring districts on best practices. He went on to congratulate newly elected board members. He thanked the SBAC and encouraged anyone who is interested to join the committee and be part of the process.

CONSENT CALENDAR
Motion to approve the Consent Calendar as amended:
Alper/Hariri and approved 5-0.

Update on Special Education – Discussion
Time allotted: 45 min
Actual time:  36min

Special Education Director Jan Hamilton shared some program updates which include a new Behavior Intervention Specialist position and improvements to various processes. Assistant Superintendent of Business Services Pauline Follansbee provided a financial update highlighting the areas where the most investment has been made. She reported that a newly implemented tracking system will help to more closely monitor expenses associated with settlements, legal costs and student placement. Questions and discussion followed. 

The California School Dashboard Fall 2018 Local Indicators – Discussion
Time allotted: 30 min
Actual time: 30 min

Director of Programs and Special Projects Dr. Pat Saddler presented the updated BUSD dashboard and displayed its new website. She walked the viewing audience through the online system as she shared data collected for each of the four local indicators. She noted that the dashboard will ultimately be used to inform the LCAP process and reported that BUSD met performance standards in all priorities for the local indicators for fall 2018. Questions and discussion followed.

12.5 Sustainability Plan

Director Alper explained that while he is in support of the proposed sustainability plan, it is important to give each participating committee the opportunity to communicate how they plan to implement their corresponding piece of the plan in order to achieve desired goals. He added that this is important namely given the great deal of resources allocated for this purpose. He asked staff to ensure that the final plan is housed in a space accessible to the public. 

Motion to approve the sustainability plan:
Alper/Appel and unanimously approved 5-0 

Approve Notice of Intent to Revoke REALM Charter – Discussion
Time allotted: 30 min
Actual time: 22 min

Assistant Superintendent of Business Services Pauline Follansbee stated that on September 20 BUSD filed a notice of violation against REALM. She reported that BUSD is now moving forward with a notice of intent to revoke charter based on REALM occupying a site outside of Alameda County

REALM Director Victor Diaz was given an opportunity to address the Board. 

Motion to approve notice of intent to revoke REALM’s charter:
Alper/Daniels and unanimously approved 5-0.

Approval of New Classification: Student Admissions Program Manager

Vice President Appel initially requested that this item be tabled. Superintendent Evans requested it be discussed instead. He then turned it over to Assistant Superintendent of Human Resources Evelyn Tamondong-Bradley who clarified that this new classification was for the expansion of duties that failed to be taken into account during the classification study conducted in 2015. Personnel Director Patty Duwel has conducted a desk audit and submitted recommendation for the reclassification of this position to the Personnel Commission.

Motion to approve staff recommendation:
Hemphill/Daniels and unanimously approved 5-0

Extended Public Comment

One comment thanking the Board for the way they listen and are proactive about responding to the public.

One comment regarding REALM

One comment requesting response to a filed complaint. 

ADJOURNMENT 10:45

 BERKELEY PUBLIC SCHOOLS

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

510-644-6206

President Daniels called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 5:00pm.

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 -- Absent 

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 

REPORT CLOSED SESSION
President Daniels reported out on closed session:

Consideration of Student Expulsion (Ed Code Section 48918 (c))
Case No. 1819-01-02302

Motion to approve recommendation to defer pending expulsion:

Alper/Daniels and approved 3-0.
Josh Daniels, President – Yes
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Absent
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes 

Case No 1819-01-031902

Motion to approve recommendation to defer pending expulsion:

Alper/Daniels and approved 3-0.
Josh Daniels, President – Yes
Judy Appel, Vice President – Absent
Beatriz Leyva-Cutler, Director/Clerk – Absent
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes 

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
Joel G. v BUSD

Motion to approve staff recommendation in this matter:
Alper/Hemphill and approved 3-0:
Josh Daniels, President – Yes
Judy Appel, Vice President – Abstained
Beatriz Leyva-Cutler, Director/Clerk – Abstained
Karen Hemphill, Director – Yes
Ty Alper, Director -- Yes

Claim No. 16-093333

Motion to approve proposed settlement as amended:
Appel/Hemphill and unanimously approved 5-0:

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

Berkeley Council of Classified Employees (BCCE)

The Board received update and discussed; no action was taken.

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

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Alper/Hemphill and approved with no objection. 

PUBLIC TESTIMONY
A total of 10 people addressed the Board:

Five comments regarding inadequate compensation. 

Four comments regarding sexual harassment training.

One comment thanking Hemphill and Daniels for their leadership while serving on the School Board.  

UNION COMMENTS

BFT President Cathy Campbell thanked outgoing board members for their service to BUSD. She ceded the rest of her time to a teacher who shared her family’s struggle to making ends meet with her current salary.

COMMITTEE COMMENTS

PTA Council President Mara Kolesas thanked exiting school board members for their service and welcomed newly elected trustees. She then went on to express her commitment on behalf of the PTA to continuing to work in partnership with the school Board to improve student outcomes. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Hemphill/Daniels and unanimously approved 

DISCUSSION ITEMS

State of the District
Allocate time: 20 min
Actual time: 27 

Superintendent Donald Evans presented an overview of initiatives BUSD has undertaken for the purpose of improving student outcomes. His presentation highlighted some of the trends that have impacted demographics, SBA and ELA data, and community partnerships. Captured some of the trends that have impacted demographics. He added that the goal is to continue being strategic about how resources are directed. Questions and discussion followed. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Leyva-Cutler thanked teachers and staff who continue to advocate for increase in compensation. She acknowledged the financial challenges many face amid the rising cost of living and looks forward to working with BUSD to arrive at a solution. She also thanked students from Stop Harassing for raising their concerns and expressing need for training.

President Judy Appel announced her appointment of Grace Morazawa to the City of Berkeley’s Peace & Justice Commission. She will hold office hours next Sunday from 3-5PM at Mo’Joe. She appreciated Leyva-Cutler’s comments about really recognizing all sides when there is harm done. She then went to express feeling honored to have served alongside exiting directors Hemphill and Daniels. 

Director Arvin Hariri expressed his support to the Stop Harassing movement and made himself available as a resource. He thanked outgoing directors for their exemplary leadership. 

President Josh Daniels shared that this is his sixth board meeting as a BUSD parent and so far he has taken the time to appreciate his child’s experience. He expressed his appreciation of teachers and staff who deal with our kids daily. He went on to make mention of and thank those who have in one way or another helped him get to where he is today. He closed by sharing a brief presentation noting some of the words, people, places and things that we had little reason to know of when he became a member of the Board eight years ago.

Director Karen Hemphill shared the many ways in which students of color deal with implicit bias in and out of classroom She stressed the importance of first acknowledging this reality in order to disrupt the predictability in the experience of black students. She went on to acknowledge need for increase in staff compensation, saying that it will be a difficult task for the new Board to figure out how to address this need while simultaneously dealing with rising special education costs, providing 21^st century technology for all students, and figuring out how to reduce BUSD’s budget by up to $2 million. She closed her comments by sharing that she plans to step back for a while to recharge and looks forward to going back to being an active community member working on the outside to change the institutions.

Superintendent Evans shared his gratitude to Directors Daniels and Hemphill. 

EXTENDED COMMENT

One comment in appreciation to the service of Daniels and Hemphill

ADJOURNMENT
10:01PM

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702|
510-644-6206
Official Minutes
December 12, 2018 

President Daniels called the meeting to order at 7:31pm. He reported that the Board convened to Closed Session at 6:06PM. 

Roll Call
Board of Education:
Judy Appel, President – Present,
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present
Ka’Dijah Brown, Director – Present
Julie Sinai, Director – Present
Arvin Hariri, Student Director, BHS – Excused
Oneida Abrams, Student Director, BTA -- Absent 

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 

REPORT CLOSED SESSION
President Daniels reported out on closed session: 

Conference with Legal Counsel – Existing Litigation (Government Code Section 54956.9(a))
Case No. 2018080591

Motion to approve staff recommendation:
Alper/Leyva-Cutler and unanimously approved 5-0.

Case No. 2018080649

Motion to approve staff recommendation:

Sinai/ Brown and approved 4-0:
Judy Appel, President – Yes
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Recused
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director – Yes

(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

There were no updates to report.

Superintendent’s Evaluation (Government Code Section 54957)

The Board finalized tool for the Superintendent’s evaluation.

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Sinai/Brown and unanimously 5-0 

Swearing in of Board Trustees

Newly elected Trustees Ka’Dijah Brown and Julie Sinai, and reelected trustee Ty Alper were sworn in by City Clerk Mark Numainville.

Newly elected trustees were given an opportunity to share a few words.

Yearly Organizational Requirements

Appointment of Officers
Director Alper moved to appoint Director Appel as President and Director Leyva-Cutler as Vice President; motion was seconded by Director Brown and passed unanimously on a 5-0 vote.

President Appel moved to appoint Director Alper as Clerk; Vice President Leyva-Cutler seconded and motion passed on a 5-0 vote.

Approval of Board Meeting Calendar for 2019
Alper moved to approve meeting calendar; motion seconded by Leyva-Cutler and approved unanimously 5-0. 

Approval of Committee and School Assignments
This item will come back for approval.

PUBLIC TESTIMONY
A total of seven people addressed the Board:

Two comments in support of teacher workforce housing 

One comment requesting an anti-bullying policy for personnel 

One comment about secret files

Two comments on the need for increased compensation

One comment on the need to use resources to close achievement gap

UNION COMMENTS

BFT President Cathy Campbell congratulated newly elected Board members. She commented on the ongoing testimonies of teachers who continue to advocate for increase in compensation and urged that BUSD makes this a priority and takes the opportunity to negotiate in a creative and significant way.

COMMITTEE COMMENTS

Mimi Pullich provided an update to the Board on behalf of the PAC. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Vice President Leyva-Cutler welcomed new members. She also looks forward to working with BUSD to draft a response to the new rule making around Title IX. She also looks forward to collaborating with the City and other stakeholders around workforce housing. As part of the developing wellness policy, she would like to include restorative justice for staff as this culture should be district wide and should not just be limited to students. 

Superintendent Evans welcomed new Board members and said he looks forward to working with them.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Brown and unanimously approved 5-0

Update on the 2020 Vision Collective Impact – Discussion  
Allotted time: 50 min
Actual time: 52 min

Dr. Pat Saddler, Ruben Lizardo, and Nina Goldman presented an update on the Berkeley Promise. They noted that there increased participation and strengthened commitment from community partners to carry out the mission and objective of the Berkeley Promise. They reported that the second cohort of Berkeley Promise scholars has graduates and students are in their first year of college where they are being mentored and given financial support. The goal is to continue working to improve systems to better support all students’ success, refine approaches, strengthen community contracts, and develop strategies for family and community engagement. Questions and discussion followed. 

Public Hearing for the Notice of Revocation for REALM Charter (Time Certain: 9PM)
Allotted time: 20 min
Actual time: 15 min

President Appel opened public hearing for this item at 9:40. 

REALM Charter Director Victor Diaz stated that construction delay challenges were unforeseen. He reported that a permit has finally been issued as REALM has secured a Berkeley site

Assistant Superintendent of Business Services Pauline Follansbee clarified that as part of the revocation process, the Board is to hold a public hearing. BUSD has 30 days to issue revocation and an option to extend those 30 days by an additional 30 days. The change in location now requires a material revision, which BUSD has 30 days to respond to. Should REALM Charter be able to move into its original site within Alameda County at any point before the 30 days (or 60 days should BUSD opt for the 30-day extension), the revocation proceedings can then cease.  

Director Alper further clarified that the existing revocation process is solely based on whether or not the school is housed within Alameda County. He noted that legally, the school must be housed at the exact address indicated in the material revision. Any change in location requires a separate material revision

There Board expressed unanimous desire to extend revocation process by another 30 days.

Update on Status of BUSD California Dashboard – Discussion  
Allotted time: 20 min
Actual time: 41 min

Director of Programs and Special Projects Pat Saddler reported that BUSD has successfully met local indicators and there have been efforts to supply families with the information. She displayed the new interface and indicator scorecards and walked the Board and viewing audience through the information. Dr. Saddler noted that this tool is in its preliminary stages and in the process of becoming fully developed. It is expected to improve over time. Questions and discussion followed.

Approval of First Interim Budget Report - Action

Allotted time: 20 min
Actual time: 22 min

Assistant Superintendent of Business Services Pauline presented BUSD’s first interim budget report. She highlighted that BUSD met its 3% reserve and will be able to meet its financial responsibilities this year. She also highlighted changes since adoption noting a COLA increase and a reduction in unduplicated student count are taken into account. Work will continue towards identifying up to $2 million in cuts. Questions and discussion followed.

Motion to approve the first interim budget report :
Alper/Appel and unanimously approved 5-0/ 

ADJOURNMENT
11pm

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:                 Pasquale Scuderi, Associate Superintendent
Maggie Riddle, Director of K-8 Schools
PRESENTERS:  Maggie Riddle, Director of K-8 Schools
DATE:                  January 9, 2019
SUBJECT:         Update on New Prep Schedule and Programming in Grades 1 through 3
PURPOSE:         Report on new programming for 1st-3rd graders during teacher preparation periods.

BACKGROUND:
In June of 2017, the District and the Berkeley Federation of Teachers (BFT) reached an agreement that included equalizing teacher preparation and instructional time in grades 1 through 5. 

The preparation time for all five elementary grades, effective July 1, 2018, became 4 periods per week. Previously the prep time for teachers in grades 1-3 was based on a different formula than that of teachers in grades 4-5.

Tonight staff will report to the Board and community about the current programming for kids in this new scheduling format.

Effective July 1, 2018, the preparation and instructional time was equalized for grades 1-5. The prep time for all five grades will be 4 periods per week. After careful consideration and discussion about what subjects would be taught in the new total of 4 preparation/instructional periods in grades 1-3, staff came to the following guidelines:

• 2 periods of physical education
• 1 period of either music or science (choice applies to grades 1 and 2, at least 1 period of music will remain for all third graders)
• 1 period determined by school site leadership (can be used for arts, dance, additional science, etc.) 

Preparation periods are times where classroom teachers prepare lessons, communicate with families, collaborate with colleagues, etc. During these periods enrichment or specialist teachers provide instruction to those students.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report.

FISCAL IMPACT:
As previously negotiated, approximately $400,000 per year to cover costs of additional teacher time for increased number of preparation/instructional periods in grades 1-3. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                    Donald Evans, Ed.D., Superintendent
FROM:                   Pasquale Scuderi, Associate Superintendent
PRESENTERS:     Pasquale Scuderi, Associate Superintendent
DATE:                  January 9, 2019
SUBJECT:              California School Dashboard Data and County Technical Assistance 

PURPOSE:             
Report on next steps to address California School Dashboard indicators for homeless students in the areas of chronic absenteeism and college and career readiness.

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.

California's new school accountability system attempts to provide 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). 

On December 6, 2018, the Department of Education released indicators for BUSD was identified, relative to the dashboard criteria, as needing to improve in the areas of college and career readiness for BUSD graduates identified as homeless, and chronic absenteeism for homeless students in grades K-8. 

Tonight staff will review next steps and responses to the dashboard indicators that district staff will take as part of our collaboration in the differentiated assistance program with staff from the Alameda County Office of Education.

While the underperformance of students identified as homeless in the college and career readiness indicator will be analyzed, staff does note multiple challenges with data integrity and is working with both BUSD staff and county office staff to both refine our list of students tagged as homeless for accuracy, as well as to clarify state-level data collection methods for one of the seven (7) ways for students to meet the indicator of prepared in that category.

Review of the data as well as actions and responses will be discussed this evening along with a calendar and descriptions of upcoming meetings with county staff for the differentiated assistance process.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report.  

FISCAL IMPACT:
N/A 

RELATED PAST BOARD ITEMS
1/10/2018

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:           Pasquale Scuderi, Associate Superintendent
Wyn Skeels, Program Supervisor
PRESENTERS:  Pasquale Scuderi, Associate Superintendent
DATE:              January 9, 2019
SUBJECT:         Career Technical Education (CTE) Facilities Update 

PURPOSE:
The State’s Career Technical Education (CTE) standards and framework, along with a host of ongoing revenue incentives for college and career readiness, have prompted Districts across California to invest in and develop new or improved curricular options that incorporate cutting-edge knowledge about career options, technology, and the skill-sets required for success in postsecondary education and training as well as in the pursuit of living-wage jobs and careers.

BUSD is fully engaged and participating in this current movement through significant partnerships with employers, workforce consortiums, and industry practitioners. BUSD is focused on the development of transformative programs that move student learning beyond the traditional notions and constraints of the classroom.

A previous update on August 15th, 2018  provided an overview of existing and developing CTE programs across the District including funding, facilities, new course launches and pathway development That item can be accessed in the Related Past Board Items section below.

Tonight’s update will offer an update on recently completed and existing CTE Facilities Projects paid for from Measure I Bond Funds.

BACKGROUND:
The Berkeley High School (“BHS”) and Berkeley Adult School (“BAS”) Career Technical Education (“CTE”) projects are the first major facilities renovations to support the District’s growing CTE programs.  The BHS project included renovation and outfitting of  the original auto shop and current art rooms at the south end of the G Building to create a Carpentry shop and Fabrication Lab or “makerspace.” This space provides classroom and creative space as well as secure storage to support new and developing programs in Carpentry, Robotics Engineering,  Stagecraft Technical Theater Pathways, and to enhance the AHA CTE Studio Art sequence. 

The BHS project also included significant upgrades to an existing Biotech Academy classroom to support new “state of the art” equipment and very minor cosmetic work on a portion of the space formerly occupied by Berkeley Community Media.  This classroom now houses our Robotics Engineering classes. 

The BAS project was the conversion of a classroom on the east end of the main classroom wing into an Electronic Technology Lab to serve our Mechatronics Engineering course as we further develop our Engineering and Design Pathway.  The designs for renovating and equipping the spaces were developed with  invaluable input from industry partners who serve on the BUSD CTE Advisory Committee.

List of Facilities Projects Completed

• BHS G112 Carpentry Shop and Fabrication lab or "Makerspace" completed December 28, 2018
• BHS G306 Biotech Classroom upgrade completed December 5, 2018
• BAS - Electronic Tech Classroom/Lab completed December 28, 2018
• BHS Little Theater Rigging Maintenance  - expected completion Spring 2019.
  
• The purchase of Sound, Lighting (Including LED's) and projection equipment for Little Theater Stagecraft/VAPA in process - Spring 2019.
• BHS Former Berkeley Community Media space G107 & G109 - very minor maintenance was completed August 2018
• Next Steps - Measure Fund Parked/ Measure 

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report. 

NEXT STEPS:

• Completion of approved BHS Little Theater Equipment Upgrades.
• Continue progress on a comprehensive District plan for Middle School CTE with clear links  to the pathway options that our students will have at Berkeley High School. 
• Further develop project plans for Digital Media, Biotech, and Robotics classroom upgrades . Possible Summer 2019 completion. Some projects may include design, project management services and contractors which will return to the Board for approval at a future date.

FISCAL IMPACT:
Funding allocations using remaining Measure I CTE Facilities funds as approved by the Board on November 14, 2018. 

Future projects will be contained within the approximately $1.5M Career Technical Education Measure I Project Balance.

RELATED PAST BOARD ITEMS:

August 15, 2018 – Item 15: Update on Career Technical Education (CTE) Programs 

November 1, 2017-  Item 12.3: Update on Career Technical Education (CTE) Programs

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Donald Evans, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            January 9, 2019
SUBJECT:     Proposed Budget Development Calendar for 2019-20 Budget Adoption

BACKGROUND INFORMATION:
It is customary to approve a budget development calendar, which calls out the significant milestones during the development of the budget. Staff has prepared the attached budget development calendar and is submitting it for Board approval. Staff will update the Budget Calendar for the Board if there are significant changes made to the proposed timelines.

The dates included in the budget calendar can always be moved earlier if the various committees are ready for staff to present their recommendations. The dates cannot be moved back due to the statutory deadlines for LCAP and approval of the adopted budget. The only committee meeting dates listed are critical dates for actions required to ascertain key information and data for the adopted budget. Therefore, all committee meeting dates for P & O (BSEP), parent advisory committee (PAC) and education advisory committee (EAC) are not included in the budget calendar. Please note that the budget calendar is forthcoming.

POLICY/CODE:
FCMAT Financial Management Standard 6.2

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Discuss proposed  2019-20 Budget development calendar. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Board of Education
FROM:            Policy Subcommittee
DATE:             January 9, 2019
SUBJECT:      Policy Subcommittee Priorities for 2019 

BACKGROUND INFORMATION:
On January 10, 2018, the Board gave input and direction to the Policy Subcommittee regarding policies to prioritize for the 2018 year.  On the December 12, 2018 agenda, we placed an Information item outlining the work of the committee in 2018.  It is now time to have another discussion about Policy Subcommittee priorities for 2019. 

Proposed 2019 Policy Subcommittee Activity

The 2018 committee made significant progress on a number of policy matters that are still being developed, and have on its agenda, including the following policies:

• Gender-neutral school and district policies
• Sealing/expungement of student discipline records
• Socially-responsible procurement practices
• Wellness
• Eligibility for extracurricular activities
• Use of private vehicles to get to athletic events and field trips
• Graduation Requirements for Children of Active Duty Military
• Education of homeless students
• Provision of 504 services
• Berkeley High SSC by-laws
• District employee interaction with law enforcement
• Employee use of technology

The committee would like the Board's input on additional priorities, if any, for 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:           Vice President Leyva-Cutler
Director Ty Alper
Compliance Officer and Title IX Coordinator Chelsea Yogerst
DATE:           January 9, 2019
SUBJECT:    Proposed District Comment on New Title IX Regulations 

BACKGROUND INFORMATION:
The U.S. Department of Education (DOE) has proposed changes to Title IX policy that will significantly affect how schools, including K-12 public schools, handle cases of discrimination based on sex, including sexual harassment and sexual violence.  Comments on the proposed regulations are due January 28, 2019. 

At the request of Superintendent Evans, we have been working on a draft comment for Board consideration and approval.  The draft is attached.  We are grateful to many members of the community who have provided us with helpful resources to understand the proposed changes and how they might affect BUSD.

Dr. Evans has written to Secretary DeVos asking that the deadline for providing comments be extended. Because we do not expect that the deadline for comments will be extended, we are on a tight timeline to draft and submit comments, which we hope to do following the Board’s January 23, 2019 meeting.

As the attached draft comment indicates, it does not necessarily comprise the entirety of the comments or concerns that members of our Board or District staff have regarding the proposed rules. Individual members of our community, of course, may also submit comments on the proposed rules. 

We have asked that this item be placed on the agenda tonight for Information.  We encourage our colleagues who have comments or suggestions on the draft to direct them to Ms. Yogerst.  We will consider all suggestions and place a final draft of these comments on the Board’s agenda for approval on January 23, 2019.

Proposed Comment from the Berkeley Unified School District

The U.S. Department of Education (DOE)’s proposed changes to Title IX policy will significantly affect how schools, including K-12 public schools, handle cases of discrimination based on sex, including sexual harassment and sexual violence. 

The Berkeley Unified School District (BUSD) is deeply committed to preventing and addressing sex-based discrimination, including all forms of sexual misconduct. No matter what the outcome of this rulemaking process, we will continue to emphasize best practices and ensure that our policies and resolution process are open, equitable, and protects the rights of all involved parties.

 Partly in response to effective advocacy on the part of our students, BUSD has made a concerted efforts in the past few years both to prevent sexual harassment and to respond to it appropriately when it occurs.  We have hired a Title IX Coordinator, revamped our District complaint processes, implemented professional development for our employees, and invested in preventive training programs for staff and students.  We have also invested in restorative justice staff and programming in our secondary schools, in an effort to focus on redressing the harms caused by, among other things, unwelcome sexual conduct.  We have long rejected the notion that respect for victims of sexual misconduct is inconsistent with a commitment to providing due process for students accused of doing harm, and we are proud of our efforts to uphold both values in our policies and practices.  Despite the advances we have made in these areas, BUSD is aware that we have more work to do to ensure that all students feel safe and supported in our schools.  

In light of our commitment to addressing this issue, and our community’s deep involvement in it, we object to the time frame under which comments on this process were accepted by the DOE.  The majority of the public comment period coincides with a time when students, families and educators are preoccupied with final exams and winter break.  In light of that unfortunate timing, in December, our Superintendent wrote to Secretary DeVos, urging her to extend the timeline for public comment.  To date, the deadline has not been extended.

BUSD is nevertheless submitting the following comments on the proposed rules.  Our comments below are directed at the aspects of the proposed rules that most directly affect K-12 school districts.  They do not necessarily comprise the entirety of the comments or concerns that members of our Board of Education or District staff have regarding the proposed rules. We expect that individual members of our community will also submit comments on the proposed rules.

Addressing Harassment That Occurs Off-Campus or Online

Proposed rule summary (§§ 106.30, 106.45(b)(3)): Schools “must dismiss” a formal complaint if the alleged conduct “did not occur within the [school’s] program or activity.” 

Currently, Title IX requires schools to provide student survivors reasonable accommodations needed to stay in school and have equal access to educational opportunities, regardless of their decision to undergo a school investigation or the status of that investigation. This is true regardless of whether the incident occurred on-campus or during a school-related activity. Accommodations can include medical services, counseling, safety plans, and/or academic support services, such as tutoring.

          The proposed rules would only require that schools be held responsible for investigating incidents reported to have taken place “within its education program or activity,” which may restrict a response to complaints of off-campus incidents, such as those that occur at off-campus student parties. It may also create confusion about whether schools are required to respond to social media/online harassment, such as the sharing of explicit photos or demeaning or racist messages. For example, if a middle school student is being sexually harassed by her classmates on Instagram or Snapchat, this could limit the school’s obligation to investigate the complaint.

         Under California Education Code, school districts are limited in their ability to discipline students for conduct that occurs off-campus and is unconnected to a school activity.  Ca. Ed Code. section 48900(s).  But we believe that it is critical that school districts maintain the tools to address all instances of harassment that affect students in school, even if the district’s disciplinary options are limited by other law.

Definition of Harassment 

         Rule summary (§§ 106.30, 106.45(b)(3)): Schools “must dismiss” a formal complaint if it alleges conduct that is not (i) an employee requesting sexual favors in return for good grades or other educational benefits; (ii) “unwelcome conduct on the basis of sex that is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the [school’s] education program or activity”; or (iii) “sexual assault.”

The Supreme Court and current Title IX guidance define “sexual harassment” as “unwelcome conduct of a sexual nature,” requiring a response by the school before it effectively forces a student out of class or school.  Narrowing the definition may require that schools only respond to repeated conduct, or a well-established pattern of conduct.  This definition fails to take into account the age and developmental level of K-12 students, who are unlikely to report a second instance of sexual harassment, particularly if their first report was ignored because the reported behavior had not yet risen to the “severe and pervasive” standard. The proposed new definition may lead to the dismissal of students’ traumatic experiences and could make it harder for reporting parties to prove their victimization. 

   Notice

         Rule summary (§§ 106.44(a), 106.30): Schools would not be required to address sexual harassment unless there was “actual knowledge” of the harassment by (i) a Title IX coordinator; (ii) a K-12 teacher (but only for student-on-student harassment, not employee-on-student harassment); or (iii) an official who has “the authority to institute corrective measures.”

It is already the case that many sexual harassment and sexual assault victims do not report because they do not know how or to whom to report.  The proposed rule sets a higher bar than under the existing rules, under which a District is required to intervene if they “reasonably” should have known about a violation. Under the proposed rule, schools will be faulted only if they are “deliberately indifferent” to known sexual harassment.

With the proposed changes, districts would also be given authority to be turn away from incidents that are reported to responsible adults working with youth.  This is because the proposed rules also change who a student can report their sexual assault to, and what that person’s ability to pursue action would look like. A survivor will likely talk to someone they trust and believe will support them.

Right now, if a student goes to their playground supervisor or coach, that employee is responsible for reporting it to the school and/or Title IX Coordinator.  The proposed rules, however, require that allegations are reported only to officials who have the authority to take “corrective action,” such as the school’s or district’s Title IX Coordinator, or for students in grades K-12, to a teacher. Requiring students to speak to someone they may not have met or feel comfortable with means that many cases will likely go unreported.

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.