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 23, 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 23, 2019 
SUBJECT:      District Service Assistant

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

FISCAL IMPACT:
$41,500 Annually

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Board of Education
FROM:            Donald Evans, Ed.D., Superintendent
DATE:             January 23, 2019
SUBJECT:    Ratification of Renewal of Employment Contracts for Administrators

BACKGROUND INFORMATION:
The Board of Education authorized the Superintendent to renew employment contracts for administrators whose contracts expire June 30, 2019. The contracts to be renewed and ratified are as follows:

• Pasquale Scuderi, Associate Superintendent for Education Services: 07/01/19-06/30/21
• Evelyn Tamondong-Bradley, Assistant Superintendent for Human Resources: 07/01/19-06/30/21 

POLICY/CODE:
Education Code sections 44929.28, 45100.5, and 45103

FISCAL IMPACT:
Salary increases as indicated in contracts.

STAFF RECOMMENDATION:
Ratify the employment contracts for administrators.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         January 23, 2019
SUBJECT:   Approval of Overnight Field Trip Requests

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

Sierra Outdoor School, Sonora, CA, May 9-10, 2019
Approve participation of 55 fourth-grade students, three teachers, and ten other adults from Sylvia Mendez Elementary School on a three-day, two-night field trip to the Sierra Outdoor School in Sonora, CA. The group will depart Sylvia Mendez at 7:15 a.m. on Wednesday, May 8^th, and return on Friday, May 10, 2019 at 3:00 p.m.  Michael’s Transportation Services will provide transportation. Students will learn about the historic significance of the gold rush and its effect upon the environment. Students will be housed in gender specific dorms. The cost of $187 per student is being paid by the Sylvia Mendez PTA funds and parent donations. No student will be denied access based on inability to pay. Requested by: Veronica Valerio-Duncan, Sylvia Mendez Principal.

Mosaic Project Camp, Napa, CA, May 6-10, 2019
Approve participation of 22 fourth-grade students from Rosa Parks Elementary, 1 teacher and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups. The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 6^th and return at 2:00 p.m. on Friday, May 10, 2019. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation. The cost of $325.00 per student will be paid by a PTA funds and parent donations. No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Mosaic Project Camp, Napa, CA, May 13-17, 2019
Approve participation of 23 fourth-grade students from Rosa Parks Elementary, 1 teacher and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 13^th and return at 2:00 p.m. on Friday, May 17, 2019. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation. The cost of $325.00 per student will be paid by a PTA funds and parent donations. No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

Mosaic Project Camp, Napa, CA, May 20-24, 2019
Approve participation of 22 fourth-grade students from Rosa Parks Elementary, 1 teacher and Mosaic staff on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Rosa Parks Elementary at 9:15 a.m. on Monday, May 20^th and return at 2:00 p.m. on Friday, May 24, 2019. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation. The cost of $325.00 per student will be paid by a PTA funds and parent donations. No student will be denied access based on inability to pay. Requested by: Paco Furlan, Rosa Parks Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         January 23, 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. Increase in contract, PO 190213, to Syserco, to provide HVAC services as needed for the Maintenance Department for the period from 7/1/18 - 6/30/19.  The Board approved $30,000 on 6/27/18. The additional amount needed is $20,000 for a total amount of $50,000. To be paid from Measure H.  Requested by Steve Collins.  
2. Approve and increase for Moran Engineering to provide required survey and underground survey for the Berkeley Community Theater project.  The Board approved $23,000 on October 24, 2018. An increase of $5,000 is recommended, for a new total of $28,000.  There were some required additional testing.  To be paid from Measure I.  Requested by John Calise.  
3. Approve and increase contract for Interactive Resources to provide historic building consulting services for the Berkeley Community Theater project.  The Board approved $19,960 on December 6, 2016. An increase of $9,545 is recommended, for a new total of $29,505.  To be paid from Measure I.  Requested by John Calise. 
4. Sarah's Science to provide hands on science classes to build a variety of age appropriate toys to demonstrate scientific concepts at Malcolm X Elementary school. For the period of September 3, 2018-June 14, 2019. Amount of contract not to exceed $46,410 to be paid for by PTA.  Requested by Aaron Jorgensen
5. Approve increase in contract for Tracy White, to work with District Fiscal Services Department, to provide technical services for vacant fiscal analyst positions.  The original contract was for $6,600.  The additional amount requested is $14,520 for a total amount of $21,120 to be paid for by General Fund.  Requested by Pauline Follansbee.

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:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent, Business Services
DATE:        January 23 , 2019
SUBJECT: Approve Listing of Warrants issued in December 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 December is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

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

FISCAL IMPACT:
$4,125,543.32 for the month of December 2018 from various funds.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         January 23, 2018
SUBJECT: Approval of Payroll Warrants Issued in December 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 December 2018.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$3,060,251.78, for December 2018 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in December 2018.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           January 23, 2019
SUBJECT:  Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure AA

BACKGROUND INFORMATION:
On November 14^th, the Board of Education approved the latest revision to the Measure AA budget lines when minor adjustments were made based on recently constructed projects.  The goal is to fully exhaust Measure AA. 

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

The changes in Measure AA are:

1. The future Longfellow makerspace budget ($323,000) was moved to Measure I so we can fully exhaust Measure AA funds earlier.A greater proportion of the Rosa Parks temporary multipurpose was added into Measure AA ($323,000); and,
2. Minor adjustments of less than $1,000 in open budget lines.

FISCAL IMPACT:
The adjustments are within the overall budgets. The available balance has decreased by $187. There is an available balance of $191.  

STAFF RECOMMENDATION:
Approve the financial update. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:    Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:          January 23, 2019
SUBJECT:    Facilities Plan Modifications: Approve Recommendation to Adjust Line Item Budgets in Measure I

BACKGROUND INFORMATION:
On October 24, 2018, the Board of Education approved the latest revision to the Measure I budget lines.   

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

1. The future funding for the Longfellow makerspace was moved from Measure AA to Measure I ($323,000) and a greater proportion of the temporary housing at Rosa Parks was moved from Measure I to Measure AA ($323,000);
2. Future funding for the planning of makerspaces at Willard and King will be added to create a makerspace at each middle school that aligns with the current CTE program at Berkeley High School.These planning funds are a result of the projected savings from the current CTE budget.
3. An additional cost of $200,000 was added to the Oxford project (Board approval November 14^th) for additional geotechnical work;
4. A release of contingencies for the BCM remodel ($7,200) and an increase to the BHS turf project ($10,000) because we reduced that budget too much on October 24^th;
5. An additional cost of $12,000 in the program management budget to account for costs to further the sustainability goals (Board approval November 14^th); and,
6. Minor adjustments of less than $1,000 on multiple projects.

FISCAL IMPACT:
The adjustments are within the overall budgets.   The available balance has decreased by $213,764.  The new available balance is $620,179

STAFF RECOMMENDATION:
Approve the financial update.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:             January 23, 2019
SUBJECT:    Approve the Schematic Design of John Muir and Cragmont Kitchen/ Cafeteria Modernization Project

BACKGROUND INFORMATION:
On March 28, 2018 the Board approved a contract with HY Architects to develop a design for the cafeteria and kitchen modernizations at three (3) sites.  The Board must approve the schematic design so the construction documents can begin.  Two (2) of the three (3) sites (Cragmont and John Muir) have completed the schematic design review process and are attached for Board approval.

The projects at Cragmont Elementary and John Muir Elementary are estimated to have a construction cost $3,733,280. With this allowance, the total estimated construction cost is in line with the allocated budget of $9.15 million.  This budget includes all construction and project costs for Cragmont, Muir and Washington kitchen/cafeteria modernizations.

FISCAL IMPACT:
Cost of award by this action: None.  The project is within budget and will be funded from Measure I. 

RECOMMENDATION:
Approve the schematic design of the John Muir and Cragmont Kitchen/Cafeteria Modernization project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent
DATE:          January 23, 2019
SUBJECT:   Approval of Budget Development Calendar for 2019-20 Budget   Adoption

BACKGROUND INFORMATION:
Staff submitted a draft budget calendar to the board on January 9. 2019.  The Board recommended changes, which are reflected in the attached Budget Development Calendar.  Staff is requesting the Board approve the revised calendar.

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.

POLICY/CODE:
FCMAT Financial Management Standard 6.2

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve 2019-20 Budget development calendar.

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 23, 2019
SUBJECT:    Proposed District Comment on Proposed New Title IX Regulations

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 final draft is below.  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 meeting tonight.

As the comment below 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 placed a draft comment on the agenda on January 9, 2019 for Information.  We received some suggestions from members of the community, for which we are grateful. To the extent that we did not incorporate all of the suggestions that members of the community offered, we encourage those individuals to submit additional comments of their own. Doing so will expand the regulatory record, and assist in any post-rulemaking litigation.  Tonight we are asking the Board to approve the comment below for submission to the DOE.

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. We are an urban school district comprised of approximately 10,000 students with great diversity in terms of race, religion, ethnicity, and socio-economic status. No matter what the outcome of this rulemaking process, we will continue to emphasize best practices and ensure that our policies and resolution processes are open, equitable, and protect the rights of all involved parties.

Partly in response to effective advocacy on the part of our students, BUSD has made a concerted effort 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  are to be accepted by the DOE.  The majority of the public comment period coincides with a time when students, families and educators are preoccupied with winter break and final exams    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. 

We wish to emphasize that, while the proposed changes have received more attention in the higher education context, they will apply with equal effect in K-12 districts.  The children we serve are different in many ways from the college students who will be affected by these revisions.  The vast majority of our students have not reached the age of majority, and we now know that their brains are still developing in significant ways.  College students - young adults but adults nonetheless - may be able to navigate bureaucratic systems, but many children cannot. We urge the DOE to keep that distinction in mind as you consider our comments. Our overriding priority is to keep  students safe and in school, where they can learn and thrive. We fear that some of the proposed revisions will frustrate that mission, because they may make it more difficult for K-12 districts to foster safe and supportive learning environments.

The comments below 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.

1. Addressing Harassment That Occurs Off-Campus or Online

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 laws.

Sexual harassment that happens off campus and outside of school activity is no less traumatic than similar harassment that happens on campus.  The impact on the student’s education can be the same or worse, especially if the student survivor is forced to see their harasser regularly at school.  

The proposed regulations should continue to recognize that, even if not all disciplinary options are available, schools are responsible for addressing sexual harassment that occurs outside of a school program or activity, to avoid additional incidents, acts of retaliation, and to maintain safe and equitable learning environments. 

2.      Definition of Harassmen

         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 and capacities 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 regulation should maintain the current definition of “sexual harassment” to prevent the dismissal of students’ traumatic experiences and to ensure that it does not make it harder for reporting parties to prove their victimization.

3.      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.

The proposed regulations should adopt the same “responsible adult” standard for responsibility of any K-12 district employee to relay a report in cases of disclosed or observed sexual harassment of a student to a designated authority, consistent with their obligation to report disclosed or observed abuse or neglect of a student to the local child protective services agency.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Donald Evans, Ed. D., Superintendent
DATE: January 23, 2019
SUBJECT: Temporary Board Committee 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 temporary committee assignments for 2019 are attached. 

POLICY CODE: 
BB 9100 / Ed Code 35143

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the proposed temporary committee assignments for 2019.

BERKELEY PUBLIC SCHOOLS

January 9, 2019 

Vice-President Beatriz Leyva-Cutler called the meeting to order at 7:36pm. She reported that the Board convened to Closed Session at 5:45pm.

Roll Call
Board of Education:
Judy Appel, President – Excused
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 – Present
Oneida Abrams, Student Director, BTA – Absent 

Administration:
Donald E. Evans, Ed. D, Superintenden
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 Director Alper, items 15 and 17 were pulled altogether. Item 16 will be discussed first to be followed by item 14 and then item 13. Motion to approve agenda as amended:

Alper/Brown and unanimously approved 5-0.

Before proceeding to report out on closed session, Director Leyva-Cutler stated that she will be chairing the Board meetings in the absence of President Appel who, along with her wife Alison, was involved in a serious accident. On behalf of the Board, she sent thoughts and prayers for their recovery and  healing. 

REPORT CLOSED SESSION
VicePresident Leyva-Cutler reported out on closed session:

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

Berkeley Council of Classified Employees (BCCE)/Local 21/Berkeley Federation of Teachers (BFT)
The Board heard an update on union bargaining; no action was taken. 

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

OCR Case No. 09-15-1502
The Board heard an update on this matter; no action was taken.

Claim No. 15-081722
Motion to approve staff recommendation on this matter:
Alper/Sinai and unanimously approved 4-0. 

Joseph O. v BUSD
The Board heard an update on this matter; no action was taken. 

Superintendent’s Contract (Government Code Section 54957)
The Board has accepted the Superintendent’s retirement letter. Superintendent Evans will retire effective July 31, 2019, after six years of service to BUSD. In the coming days the Board will be discussing how to proceed and will communicate any information with the community as appropriate.

Snapshot of our Schools
District Library Coordinator Becca Todd provided an update on school libraries. 

PUBLIC TESTIMONY
A total of seven people addressed the Board: 

Four comments in support of Office of Equity and Family Engagement.

Two comment advocating for increased compensation.

One comment thanking the Board for its letter regarding Title IX changes.

COMMITTEE COMMENTS

PTA Council representative commented on behalf of the PTA Council expressing opposition to proposed cuts to the Office of Equity and Family Engagement.

BOARD MEMBER AND SUPERINTENDENT COMMENTS
Director Sinai sent all the healing energy and love to Board President Appel and her wife. She will hold office hours on the second Sunday of the month at 1951 Coffee Company, 3:30-5PM. She went on to share that she attended a math meeting last night at BHS where ongoing challenges were discussed richly and dynamically. 

Director Brown sent get-well wishes to President Appel and her wife Alison. She appreciated the planning committee who has been working towards making sure that the 50^th Anniversary celebration is a success.

Director Hariri wished a speedy recovery for President Appel and her wife Alison. 

Director Alper sent his get-well wishes to President Appel and her wife Alison. He went on to express what great loss the Superintendent’s retirement represents to BUSD. He thanked Dr. Evans for his stable, consistent leadership while at the helm of the district. 

Vice-President Beatriz Leyva-Cutler asked for the public’s patience as she takes on the role of chairing the Board meetings. She expressed her gratitude for all of the support that has been extended to BUSD during this time. She will hold office hours this Monday at Casa Latina. 

Superintendent Evans thanked the community for their love and support during this time. He shared that when he last spoke to President Appel, he’d shared with her his decision to retire after 32 years of service to public education. He noted that the last six years as Superintendent of Berkeley Schools have been the most challenging and rewarding years of his career. While there are seven months left before he goes off into retirement, he said there is still much work to do. 

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

Budget Development Calendar for 2019-20 Budget Adoption – Discussion
Time allotted: 20 min
Actual time: 17 min 

Assistant Superintendent of Business Services Pauline Follansbee presented the proposed budget development calendar for 2019-20. The Board reviewed and discussed proposed schedule. A calendar reflective of the Board’s input will come back for approval at the Jan 23 meeting. 

Update on California School Dashboard Data and County Technical Assistance – Discussion (30 min)
Time allotted: 30 min
Actual time: 28 min 

Associate Superintendent Pasquale Scuderi reported that a BUSD team attended its first meeting with the County’s differentiated assistance team. His presentation covered how BUSD will address having been identified as needing additional assistance in the areas of college and career readiness and chronic absenteeism for homeless students in grades K-8. He noted that there is continued conversation around how BUSD will use year-to-year Dashboard data to inform what steps to take. This process will become more clear over time as patterns and trends in the data develop. Questions and discussion followed. 

Update on New Prep Schedule and Programming in Grades 1 through 3 – Discussion
Time allotted: 30 min
Actual: 26 

Director of K-8 Schools Maggie Riddle presented the new prep schedule programing in grades 1-3. The new schedule includes an additional two periods of physical education, one period of either music or science and one period to be determined by the school site leadership. Questions and discussion followed. 

Extended public comment
One comment in gratitude to the letter BUSD sent in response to proposed title IX changes. 

ADJOURNMENT
9:30PM

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Donald Evans, Ed. D., Superintendent
FROM:                    Pasquale Scuderi, Associate Superintendent
PRESENTERS:      Pasquale Scuderi, Associate Superintendent
David Stevens, TSA, Research, Evaluation, and Assessment
DATE:                     January 23, 2018
SUBJECT:          Indicators of Student Progress

PURPOSE:
Share with the Board a proposal for a revised, public-facing set of student data outcomes that would be updated and shared regularly to support transparency, clarity and focus across BUSD.   

BACKGROUND:
In 2010-11, staff identified a number of District Indicators to monitor the District’s progress toward achieving its goals and improving disparities in outcomes across student groups and reported out annually on those core outcomes. That core report has lapsed somewhat over time for a host of reasons. Since that time, data and metrics to evaluate actions and services contained in the Local Control Accountability Plan (LCAP), as well as a variety of metrics for external partnerships like the 20/20 Vision for Berkeley’s Children and Youth, and a variety of other data requests for task forces and working groups and community meetings, have expanded overall requests for student outcome data and widened the landscape of what types of data and information is requested and shared.

At present, staff is proposing to revisit and revise a set of core-academic indicators, to be reported out biannually, that can maintain the transparency BUSD values while also clarifying and distilling a package of prioritized academic and non-academic/social and emotional student outcomes. While data production can continue to support a lengthy list of internal and external formative and summative concerns, these proposed revised indicators will provide a leaner set of core outcomes that can help clarify and prioritize wider learning goals and intensify focus on the pursuit of those goals. Additionally, the regular updating of these core indicators and outcomes can serve to streamline and add consistent focus to our responses to inquiries from community groups, Board projects, and public information requests, as well as to questions about resource investments and allocations.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report and offer suggestions and perspective on the proposed model.

NEXT STEPS::
Staff will bring a populated version of this model back to the Board in March.

FISCAL IMPACT
N/A

RELATED PAST BOARD ITEMS
October 28, 2015

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:         Pauline Follansbee,  Assistant Superintendent
DATE:            January 23, 2019 
SUBJECT:    Independent Audit Report for Fiscal Year ending June 30, 2018

BACKGROUND INFORMATION:
The District’s annual Independent Audit for the Fiscal Year 2017-19 has been completed. The audit is now being presented to the Board for review under separate cover. Copies are available for public review in the Superintendent’s office.

The District received an unqualified opinion on its financial statements. An unqualified opinion from our auditor indicates that the District financial statements for year ended June 30, 2018, present fairly (are fairly stated) in all material respects, its financial position in conformity with generally accepted accounting principles.  Therefore, the Auditor noted no material financial, accounting errors. There were no audit findings for state compliance or student body funds.

POLICY/CODE:
Education Code Section 14500, 14502, and 14504 et seq

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and accept the Audit Report and Financial Statements as presented by Crowe LLP.

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.