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:       February 6, 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:        Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:         February 6, 2019
SUBJECT:   Approval of Overnight and Out-of-State Field Trip Requests

BACKGROUND INFORMATION:
The following overnight and out-of-state field trips are being requested:

Mingus Jazz Festival, New York, NY, February 15-18, 2019
Approve participation of five students in combo A, one teacher, and one other adult from Berkeley High School’s combo A class, on a four-day, three-night field trip to the Mingus Jazz Festival at the Manhattan School of Music. Students, staff and Parents will depart San Francisco International Airport on the morning of Friday, February 15th for a direct flight to New York, NY. Students, staff and the parent chaperone will return to San Francisco International Airport on Monday, February 18, 2019 at 4:00 p.m. Combos play music composed and arranged by students. Students will stay in supervised, gender specific rooms at Hotel Aloft Harlem in New York. The cost per student is $1,000.00 and is being paid with BHS Jazz Association funds and the parents. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal.

BHS AMPS Junior Retreat-Applegate, CA, February 21-22, 2019
Approve participation of sixty BHS eleventh grade Academy of Medicine and Public Service (AMPS) students and six teachers on a two-day, one-night field trip to the Jesuit Retreat Center. The group will depart Berkeley High School on Thursday, February 21^st at 8:30 a.m. and return Friday, February 22, 2019 at 3:30 p.m. AMPS Juniors will participate in a Junior Retreat /Community Building. The goal is to build a sense of purpose and show them the support they can provide one another as well as the support that they have within and from their teachers and families.  The retreat provides a space to reflect on the relationship between this support and academic success. Students will stay in gender specific cabins. Michaels will provide transportation.  The total cost of $100 per student will be paid from AMPS Grant funding. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal.

Sempervirens Outdoor School, Santa Cruz, CA, April 15-19, 2019
Approve participation of 73 fifth grade students and three teachers from Thousand Oaks 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 Thousand Oaks Elementary at 8:30 a.m. on Monday, April 15^th and return at 1:45 p.m. on Friday, April 19, 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 $425.00 per student will be paid for by parent donations, fundraising and grants. No student will be denied access based on inability to pay. Requested by: Jacqueline Parker, Thousand Oaks 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:        February 6, 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. Mechanical Design Studio to design an upgrade to current heating controls at Berkeley Adult School and King Middle School as well as modernization of air handlers at Berkeley High School for the period from 2/6/18 – 6/30/19. The cost will not exceed $17,500. To be paid from Proposition 39. Requested by Steve Collins.
2. Ratification of contract with G&S Paving to perform asphalt repairs at King Middle School for the 2019FY. The cost will not exceed $17,572.70. To be paid from Measure H. Requested by Steve Collins.
3. Increase in contract, PO 190177, to Dream Ride, to provide elevator maintenance and repair services as needed for the Maintenance Department for the period from 7/1/18 - 6/30/19.  The Board approved $101,100 on 6/27/18. The additional amount needed is $39,000 for a total amount of $140,100. To be paid from Measure H.  Requested by Steve Collins.
4. Increase in contract, PO 190092, to Bay Cities Pyrotector, to provide Fire system inspections and services as needed for the Maintenance Department for the period from 7/1/18 - 6/30/19.  The Board approved $70,000 on 6/27/18. The additional amount needed is $30,000 for a total amount of $100,000. To be paid from Measure H.  Requested by Steve Collins.
5. Increase in contract, PO 190210, to Rotor Rooter, to provide plumbing services as needed for the Maintenance Department for the period from 7/1/18 - 6/30/19.  The Board approved $20,000 on 6/27/18. The additional amount needed is $20,000 for a total amount of $40,000. To be paid from Measure H.  Requested by Steve Collins.
6. Increase in contract, PO 190793, to Construction Testing Services, to provide inspection and testing services for the Facilities Department for the period from 7/1/18 – 6/30/19. The Board approved $11,165 on 5/9/18. The additional amount needed is $8,000 for a total amount of $19,165. To be paid from Measure I.  Requested by John Calise.
7. Ratification of contract with Performance Arts Workshop to provide artistic and creative development at Berkeley Arts Magnet Elementary School for the period from 12/01/18 – 6/15/19. The cost will not exceed $25,800. To be paid from Restricted Donations. Requested by Rene Molina.
8. Downtown Berkeley YMCA to provide physical education activities for Berkeley Arts Magnet Elementary School for the period from 8/27/18 - 6/14/19. The cost will not exceed $22,365. To be paid from Restricted Donations. Requested by Rene Molina. 

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:        February 6, 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. John Muir PTA donated $29,120. towards FY 2018-19 Operating Budget
2. Berkeley Public Schools Fund donated $379.19 Strategic Impact Grant 18-732 “Coaching for Equity” workshop.
3. Your cause LLC Trustee for Adobe donated $99. to Sylvia Mendez Principals Discretionary Fund.
4. Growing Leaders donated $32,602.67, 2^nd installment towards FY 2018-19 Operating Budget.
5. American Library Association donated $1200. to provide food, supplies and payment for a racial healing circle facilitator. For the implementation of the great stories club. “Finding your voice” – Truth, Racial Healing & Transformation.
6. Stop Waste donated $5,000 to maintenance department to support the districts effort to reduce waste.
7. PGE/ Dorian / Gap donated $1,475.04 to Berkeley Arts Magnet Principal’s Discretionary Fund.
8. Berkeley Arts Magnet and Mr. Weis made a combined donation of$10,585. to the Principal’s Discretionary Fund.

STAFF RECOMMENDATION:
Accept the donations to the District and request staff to extend letters of appreciation. 

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $79,876. in donations.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           February 6, 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 $66,617.00 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Donald Evans, Ed.D., Superintendent
FROM: Jan Hamilton, Director, Special Education
DATE:  February 6, 2019
SUBJ:    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 $24,210.00 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           February 6, 2019
SUBJECT:     Approval of Memorandum of Understanding with County of Alameda Health Care Services Agency for the 2018-19 School Year 

BACKGROUND INFORMATION:
The District contracts with the County of Alameda Health Care Services Agency, Behavioral Health Care Services (BHCS), with respect to the provision of Educationally Related Mental Health Services (ERMHS) under the Individuals with Disabilities Education Act. BHCS will provide ERMHS to students with disabilities, as requested by the District, including assessment, assessment reports, consultation and IEP attendance, individual, group, and family therapy, crisis intervention, collateral therapy and case management and shall bill the District.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $200,000 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the MOU for the County of Alameda Health Care Services.

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education            
FROM:        Donald Evans, Ed.D., Superintendent    
DATE:        February 6, 2019
SUBJECT:  Approval of the Bridge Program Grant Proposal for Berkeley High School

BACKGROUND INFORMATION:
Berkeley High Bridge, originally known as “Summer Bridge”, originated in 2010 as part of the 2020 Vision for Equity, a plan with the City of Berkeley, BUSD and the Berkeley community to better serve all Berkeley students, specifically underserved students. The program has evolved from a summer enrichment class to a four-year academic skill building and college preparation program, which includes academic tutoring, Saturday workshops, college field trips, summer enrichment sessions, college test preparation, parent workshops and career awareness. While student support, monitoring, case management, and family communications are constants throughout the four-year cycle, the program emphasizes particular areas at each grade level along a progression parallel to the college pathway. Our mission is to have more low income first-generation students make an academically successful transition from middle school to Berkeley High and from Berkeley High to college. 

The BHS Bridge program received a two-year Berkeley City grant for the 2013-2014 and 2014-2015 school year for $54,000 each year, which partially funded the Berkeley High Bridge program by providing a .3 FTE for the Cohort 3 Berkeley High Bridge teacher and a .2 FTE for a Berkeley High Bridge Coordinator. The Coordinator shoulders significant planning responsibilities for all four cohorts, such as recruiting new cohorts, organizing parent meetings, recruiting tutors, organizing and teaching Saturday classes etc. For 2015-2016, 2016-2017 and 2017-2018 school years, these positions were funded through LCAP.

In 2014, the BHS Bridge Coordinator wrote a grant proposal to the City of Berkeley requesting renewed and increased funding in alignment with the 2020 Vision Initiative for Berkeley’s Children and Youth. The total amount applied for was $76,330 each year, which accounts for a total of  .2 FTE for outreach for Bridge graduates in college, Bridge Mentor funding, college test and application materials and preparation, materials and supplies not provided for by the District and team-building activities and college field trips. BHS Bridge was awarded $54,000 each year, the same amount awarded the past two years.

January 5, 2017, the BHS Bridge Coordinator applied for a two year Berkeley City grant for 2017-2018 and 2018-2019 in support of agencies in alignment with the 2020 Vision Initiative for Berkeley’s Children and Youth. The total amount applied for was $200,000 ($100,00 for each year). If received, this funding will be used to support: (a) Bridge Mentor funding; (b) college test preparation; (c) college application and testing fees; (d) college field trips and annual Junior Leadership retreat; (e) team building costs; (f)  graduation activities and reunions; (g) materials and supplies not provided for by the District; (h) post graduate communication and support; and (i) costs associated with building a new Bridge Career Network Program, a career-focused speakers’ series for students. The Bridge Program was awarded $79,000 each year, a significant increase from the amount awarded in the past. 

The Bridge Coordinator wrote a grant proposal due January 4, 2019 for the City of Berkeley to request continued and increased funding for the BHS Bridge Program in alignment with the 2020 Vision Initiative for Berkeley’s Children and Youth for the 2019-2020 and 2020-2021 school years. The total amount applied for is $176,800. and will be used to: (a) Bridge Mentor funding; (b) increased college test preparation; (c) college application and testing fees; (d) college field trips and annual Junior Leadership retreat; (e) team building costs; (f)  graduation activities and reunions; (g) materials and supplies not provided for by the District; (h) post graduate communication and support and (i) a .8 FTE for the Bridge Coordinator to increase the position to a full time employee. The increased funding for the Bridge Coordinator  will address significant growth in organizational and coordination needs that have accompanied programs scope over last several years. Additionally, increased coordinator capacity will mean more time facilitating scholarship opportunities, other financial aid supports for families, increase in support and guidance for non traditional pathways for post secondary education, as well as urgent need to provide individual support to most struggling students in program. Recent estimates confirm that approximately one-third of current program participants need intensive support that exceeds the current capacity of program. 

For data on the BHS Bridge Program, please see table below.

STAFF RECOMMENDATION: 
Approve the Bridge grant proposal for Berkeley High School.

BHS Bridge Data for Graduating Cohorts

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Donald Evans, Superintendent
FROM:          Natasha Beery, Director of BSEP and Community Relations
DATE:           February 6, 2019
SUBJECT:    Resolution 19-016 to establish the 2019-20 tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) and Revenue Projection for FY 2019-20

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) authorizes the levy of a special tax of thirty-seven cents per square foot as stipulated in Section 4 of the Measure. 

This shall authorize the District to levy a Special Tax of thirty-seven cents ($0.37) per square foot on all Improvements beginning July 1, 2017, and continuing for a period of eight (8) years. This Special Tax shall be levied on the Square Footage of all Improvements, including all Buildings and Structures, on Parcels of Taxable Real property in the District. 

The revenues raised by the special tax are to be used to improve the educational achievement of Berkeley Unified School District’s (“District”) public school students by providing high quality educational programs as specified by the Measure.

Beginning in 2018-19, the second year of assessment of the Special Tax, and each year thereafter, an annual cost-of-living increase in the rate is permitted to maintain the programs. This increase was not applied in the first year of the Measure, but in subsequent years may be increased from the rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics.

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1, 2018, is 4.5 percent. 

POLICY/CODE:
The Berkeley Public Schools Educational Excellence Act of 2016, (Section 4) 

FISCAL IMPACT:
Revenues are projected to be $32,183,100 for FY 2019-20

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 for FY 2019-20.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Board of Education
FROM:  Directors Alper and Leyva-Cutler
DATE:   Feb. 6, 2019
SUBJECT:      Implementation of Board Policy 5158 Regarding Provision of Free Menstrual Products

BACKGROUND INFORMATION:
On November 28, 2018, the Board approved a new policy, BP 5158, which requires the District to provide free menstrual products in at least one girls’ or gender-neutral restroom at each elementary school, and in all of the girls’ and gender-neutral restrooms at each secondary school. The policy also requires the installation of trash receptacles in all girls’ and gender-neutral bathrooms used by students over the age of nine.  The Board directed that the policy go into effect by the beginning of the Fall 2019 semester. 

The Board Policy Subcommittee made clear its desire that the District provide the relatively minimal funds necessary to effectuate the policy.  In other words, the committee did not wish to have school sites pay for the dispensers or ongoing stocking of supplies out of site funds.

The District has estimated that the one-time costs of installing dispensers and trash receptacles will be approximately $5000, and that the ongoing cost of keeping the dispensers stocked will be about $5000 annually. 

In order to ensure that the equipment is in place for the Fall 2019 semester, we request that the Board tonight approve an allocation from the general fund of $5000 to pay for the necessary equipment and installation.

RECOMMENDATION:  
Allocate $5000 for menstrual product dispensers and trash receptacles. 

FISCAL IMPACT:
$5000

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities  
DATE:             February 6, 2019
SUBJECT:    Ratify an Increase for HazMat Doc to Provide Consulting Hazardous Material Consulting for the West Campus Visual and Performing Arts Project

BACKGROUND INFORMATION:
On November 14, 2018, the Board approved the hiring of Hazmat Doc to provide hazardous material consulting to monitor the removal of hazardous material during the Visual and Performing Arts Project at West Campus. Additionally, Staff went to the Board on January 9, 2018. The current authority for this contract is not to exceed $51,400.  Significant amounts of additional hazardous materials were uncovered during the remediation work which was defined in the initial scope.  On an emergency basis, staff authorized additional services with the hazardous material consultant.  Staff is asking for a ratification of that action.

FISCAL IMPACT:
Ratify an increase to HazMat Doc for hazardous material consulting to monitor the removal of hazardous materials in the amount of $48,600.    

STAFF RECOMMENDATION:
The current contract amount is $51,400. An increase of $48,600 is needed for this service. The project is within budget and will be funded from Measure I. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:       Natasha Beery, Director of BSEP and Community Relations
DATE:        February 6, 2019
SUBJECT:  First Interim Report of Revenue and Expenditures in FY 2018-19 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure E1) and Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Measure A) 

A summary of the budget for the BSEP Measures (Fund 4) for the current fiscal year 2018-19 was provided to the Board as part of the December 12, 2018 First Interim Budget.

The BSEP First Interim report provides details for the budgeted revenues and expenditures based on the allocations to each of the restricted Resources within the Fund, organized according to the structure of BSEP Measure E1 of 2016 (and BSEP Measure A of 2016.

In addition to detailing the Revenue (for E1) and Expenditures (for both E1 and A), a summary of purposes is provided to briefly describe the permitted uses of each Resource, summarize the current uses for each budget, as well as note some of the potential use of fund balance for each Resource in alignment with the specified purposes for the BSEP Measure. 

Revenue and Expenditures
In FY 2018-19, BSEP revenue is projected to total $31,207,814 which represents 19.9% of the District’s General Fund budget. This is an increase in revenue over the prior year, primarily due to a 2.9% Cost Of Living Adjustment (COLA) as permitted by the Measure. Projected expenditures of $15,872,827 and transfers to the General Fund of 14,418,400 bring the total BSEP budgeted expenditures for 2018-19 to $30,291,227. 

Indirect Costs
The Indirect Cost rate for 2018-19 is 5.96% and is calculated by a formula determined by the State. The rate is applied to BSEP expenses and transfers, and is projected to total $1,623,900. These funds are transferred to the General Fund to support the District’s common functions such as Payroll, Purchasing, Human Resources and Plant Operations.

Reserves and Fund Balances
BSEP maintains a 3% reserve as required by the State. During the budgeting process, each Resource carries an unallocated reserve as a contingency to allow for variances in personnel expenditures (salary and benefits). The fund balances remaining from BSEP Measure A of 2006 and the fund balances from the current BSEP Measure E1 of 2016 are both held in separate Resources in Fund 4, and are managed in accordance with the specific terms of the Measure through which the revenues were obtained.

Measure E1 Fund Balances are maintained in each Resource of Fund 4 to meet projected program needs through the life of the current Measure, which will expire in 2024-25. The Fund Balances in the Site Program Resource (0852/0752) remain with the budgets allocated to each BUSD Site Council for expenditure according to the Single Plan for Student Achievement, with prior year carryover available for one-time needs in accordance with the plan.

The BSEP Measure E1 budget model forecast the need to provide fund balance reserves to meet the expectations of rising costs, particularly in Resource 0741, which provides for the costs of class size reduction through paying for 30% of BUSD classroom teachers. Due to increased revenues, the fund balance in that Resource has grown beyond initial projections, and may be available to meet additional program needs and costs, including some off-sets to the General Fund budget reductions being considered through the Superintendent’s Budget Advisory Committee (SBAC) process. 

Measure A Fund Balances are available for expenditure in accordance with the terms of the 2006 Measure, and are being managed to support one-time expenditures and deferred needs.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1)
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A) 

FISCAL IMPACT:
For FY 2018-19, BSEP budgeted expenditures are expected to provide $30,291,227. 

STAFF RECOMMENDATION:
Review and accept the First Interim Report for FY 2018-19 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure E1) and Berkeley Public Schools Educational Excellence Act of 2006 (BSEP Measure A)

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:                 Board of Education
FROM:                 Donald Evans, Ed.D., Superintendent
PRESENTERS:    Pauline Follansbee, Assistant Superintendent, Fiscal Services
Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:                    February 6, 2018
SUBJECT:             First Reading of Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Unrestricted General Funding)

PURPOSE:
In June of 2018, the Board directed staff to propose reductions to the ongoing general fund in the amount of $2,000,000. Tonight the Superintendent and staff bring forward that list for initial review and discussion. 

BACKGROUND INFORMATION:
This year, as with last year, the Board has asked District staff to reduce ongoing expenditures in the General Fund. Last year the District reduced ongoing spending by nearly $1,800,000 and this year we face the challenge of finding  an additional $2,000,000 in reductions to expenditures from the General Fund. 

School districts across California are facing similar challenges, driven by pressures that result from a state education funding model that still leaves California ranked below the median in unadjusted dollars and towards the bottom 20% when adjusted for costs. Revenues are inadequate to face increasing health care costs, significant increases in special education program costs, and the urgent need to ensure competitive wages for our employees. One of our most daunting pressures comes from the increased costs in employee pensions that are now being passed on to districts/Local Education Agencies. In the 2017-2018 school year alone, employee pension costs to Districts statewide increased by nearly $1-billion over the previous year (West Ed 2018). While the Governor’s preliminary January budget suggests some short term relief in the local pension cost burden, that relief appears temporary, and remains uncertain until the Governor’s budget is revised in May. As a result of these uncertainties, increasing contributions to pension costs remain a concern for our District for the foreseeable future.

The aforementioned challenges have required us to consider difficult choices as we contemplate how to continue to meet the needs of our students, families, and employees while also maintaining a healthy and balanced budget for the 2019-2020 school year and beyond. In an effort to ensure long term fiscal stability, the Board directed staff last June to develop a preliminary list of potential reductions to ongoing general fund expenditures totaling $2,000,000; if enacted, the reductions that would take effect beginning in July of 2019. Additionally, the Board requested that that proposed $2,000,000 in reductions be presented in prioritized incremental amounts of $500,000. 

Over the summer and early fall, staff reviewed budgets with managers and with union leadership in order to identify a preliminary list of proposed reductions. The proposals were shared publicly with the Superintendent’s Budget Advisory Committee (SBAC), an advisory group of 16 voting members that includes representation from unions, parents and community members, District staff, and board representatives. The SBAC discussed, reviewed, and made suggestions and modifications to the initial proposals put forward by staff in public meetings held on the following dates: 

• October 23, 2018
• November 13, 2018
• December 4, 2018
• January 8, 2019
• January 22, 2019
• January 29, 2019

The input from the SBAC, which also included opportunities for public comment, as well as further work from staff, informs the Superintendent’s initial recommendations to the Board for ongoing General und budget reductions beginning in 2019-2020. The Superintendent has considered staff’s initial recommendations alongside the SBAC’s suggested revisions, and brings to the Board a set of recommendations that contains elements of both and includes new suggestions or revisions as well. 

The Superintendent’s recommendations are then considered by the Board and will serve as the basis for their discussions and ultimate decisions regarding the proposed reductions over the course of meetings during February and March. What the Board ultimately approves may include adjustments or new recommendations and directions that emerge during these deliberations.

Worth noting as well is that a portion of the recommendations being put forward tonight involve the expenditures of resources provided by a special tax, BSEP Measure E1 or fund balance from the prior BSEP Measure A, or from the supplemental funding provided by the Local Control Accountability Plan (LCAP). For BSEP, any proposed changes to expenditures are subject to review by the Planning and Oversight Committee (P&O), a citizens oversight group which is required by the special tax measure. For LCAP, two advisory bodies, the Parent Advisory Committee and the Educators Advisory Committee must be given an opportunity to provide perspectives and opinions on any proposed changes in the use of  those funds. 

Attached to this item are: 

• Staff’s Initial Recommendations
• Recommendations/Modifications from the Superintendent’s Budget Advisory Committee (SBAC)
• Superintendent’s Recommendations for 2/6/19 

QUESTIONS FOR THE BOARD:

1. What are your clarifying questions to the proposed ongoing reductions?
2. What are your suggestions for other possible solutions?
3. What additional information do you need to make a decision on whether to approve/reject these reductions and priorities?

NEXT STEPS:
Receive questions and additional direction from the Board in order to refine or amend the recommended reductions and/or additions for the February 20 meeting and discussion.

FISCAL IMPACT:
Forthcoming decisions will involve each of the following areas:

• Proposed ongoing reductions of $2.0 million

Details can be found in the attached documents 

ATTACHMENTS:

Attachment A:           Initial Budget Reduction Recommendations

Attachment B:           Superintendent’s Budget Advisory Committee’s Proposed Budget Reductions

Attachment C:           Superintendent’s Proposed Budget Reductions

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                      Donald Evans, Ed.D., Superintendent
FROM:                Pauline Follansbee, Interim Assistant Superintendent
PRESENTERS:     Pauline Follansbee, Interim Assistant Superintendent
DATE:                 February 6, 2019
SUBJECT:           Notice of Violation for REALM Charter School

PURPOSE: 
To issue a Notice of Violation (NOV) to REALM Charter School, which must be approved by the Board in open session. In accordance with the California Code   of Regulations section 11968 5.2 Subsection (a), REALM has been provided with a copy of the Notice and supporting documentation at least 72 hours before the meeting.

BACKGROUND INFORMATION:
The revocation of a charter is governed by Education Code § 47607. Education Code § 47607(c) sets forth the grounds for revocation: A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:

(1)     Committed a material violation of any of the conditions, standards, or procedures set forth in the charter;

(2)     Failed to meet or pursue any of the pupil outcomes identified in the charter;

(3)     Failed to meet generally-accepted accounting principles, or engaged in fiscal mismanagement; or

(4)     Violated any provision of law.

The charter-authorizing agency precedes a revocation with a Notice of Violation and a reasonable opportunity to remedy the violation under Education Code § 47607(d). Prior to revocation, the charter-authorizing agency provides the charter school with a Notice of Intent to Revoke, and conducts a public hearing on the potential revocation (Education Code § 47607(e)):

RECOMMENDATIONS FOR THE BOARD

Staff is asking the Board to consider and approve a Notice of Violation to REALM Charter School on the grounds of Fiscal Mismanagement ((Education Code § 47607(c)(1)(C), and Violation of Charter, Violation of Law (Education Code § 47607(c)(1)(A),(D)).

Acts of Fiscal Mismanagement committed by REALM in the attached Notice of Violation include

1)   Failed to submit its final audit report by December 15, 2018 for fiscal year 2017-2018.

2)   Failed to pay its employer contributions to the State Teachers’ Retirement System (STRS) for the months of November ($43,855.23) and December, 2018 ($44,267.37).

3)   Failed to pay $1.5 million dollars in financial obligations to vendors and other creditors.

4)   Failed to reflect the negative fund balance of REALM Middle School in the budget of the consolidated REALM Charter Schools after the Board granted a material revision to consolidate the REALM Middle School and REALM High School.

NEXT STEPS

The District provides the Charter School with a remedy period ending February 21, 2019 in which to provide a written response to this Notice of Violation. In its written response, the Charter School must address the violations addressed herein and identify remedial steps in all of the areas raised in the Notice of Violation.

Please take notice that the District reserves the right to pursue revocation if the Charter School fails to remedy any or all of the violations listed above.  Therefore, the District intends to issue a Notice of Intent to Revoke in the event that the Charter School fails to remedy any or all of the violations set forth in this notice.

Under Cal. Admin. Code tit. 5, §11968.5.2(c) and (d), the District will evaluate the Charter School’s written response to this Notice of Violation, and, in light of Charter School’s identified remedial measures, will consider whether to proceed with the revocation of the Charter School’s charter.

The District then evaluates REALM’s response to the Notice of Violation.  If REALM has not remedied the violation, Staff would bring to the Board a Notice of Intent to Revoke for consideration and action no later than 60 days after REALM’s response is due, which must be approved by the Board in open session.

The Board would have to hold a public hearing within 30 days of the Notice of Intent to Revoke, and make a determination within 30 days of the public hearing. If the Board revokes, REALM would still have the right to appeal to the revocation to the County Board, and if needed, the State Board of Education.

FISCAL IMPACT:
There is no fiscal impact 

RELATED PAST BOARD ITEMS:

January 25, 2017-Action Item 12.1: Notice of Violation for REALM Charter Schools

March 8, 2017-Information Item 15.5: Audited Financial Statements for REALM Charter Schools

November 15, 2017 - Information Item 14.1: REALM Charter School Fiscal Update 

ATTACHMENT:
Attached is REALM Charter School’s Notice of Violation and a copy of the lease agreement.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:           Donald Evans, Ed.D, Superintendent
FROM:       Pasquale Scuderi, Associate Superintendent
DATE:          February 6, 2019
SUBJECT:  Transitional Kindergarten (TK) Programs in SY 2019-2020 

BACKGROUND INFORMATION:
On March 9 of 2016, the board authorized a plan to temporarily consolidate the transitional kindergarten (TK) programs from three BUSD sites at the King Child Development Center. This move was proposed and authorized in response to concerns at the time over preserving flexible classroom spaces at many K-5 school sites, as well as to partially alleviate and manage some of the general impact of enrollment growth at elementary schools in Berkeley. 

At present staff believes that our current enrollment allows for those classes to be returned to K-5 school sites for the 2019-2020 school year; moreover, that the placement of those classes back on to K-5 school campuses is most appropriate given the programmatic and pedagogical goals of transitional kindergarten. 

Transitional kindergarten is modeled on a modified kindergarten curriculum that is age and developmentally appropriate. Transitional Kindergarten, sometimes referred to as TK, is a publicly funded program for 4-year-olds who turn 5 between Sept. 2 and Dec. 2. Transitional kindergarten is designed to be a bridge between preschool and kindergarten. 

For the 2019-2020 school year the three sections of Transitional Kindergarten at King CDC will be placed at the following three schools:

• Jefferson
• Rosa Parks
• Cragmont

FISCAL IMPACT:
$100,000 from the general fund (see tonight’s budget reduction item for details). 

STAFF RECOMMENDATION:
Receive the update for information.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:       Natasha Beery, Director of BSEP and Community Relations;
DATE:        February 6, 2019
SUBJECT:  Annual Report of Revenue and Expenditures in FY 2017-18 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1)

BACKGROUND INFORMATION:
In compliance with The Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1), the District makes available to the Planning and Oversight Committee an Annual Report of the revenues generated by the BSEP Measure, and the expenditures of the revenues for each Fiscal Year.

All BSEP revenue from Measure E1 of 2016 is deposited, monitored and expended through the BUSD accounting system (QSS) in Fund 4 which is accounted for separately from the District’s General Fund (Fund 1).

BSEP Fund 4 revenue is allocated to each of the purposes delineated in the BSEP Measure in separate and distinctly coded Resources in accordance with the percentages specified by the Measure^[1]. 

Resource Code          Purpose                                                   Percentage

0754                           Public Information & Translation             2.00% of net 

After 2% of net revenue is allocated to Resource 0854, 100% of the available revenues^[2] are allocated to the following purposes and deposited in restricted accounts.   

0741                    High Quality Instruction.............................66.00%

0752                    School Site Programs...............................10.25%

0761                    School Libraries..........................................7.25%      

0753                    Music, Visual and Performing Arts..............6.25%

0762                   Instructional Technology..............................3.25%

0763                    Student Achievement Strategies................(7.00% shared

0764                    Counseling and Behavioral Health..............by these three

0757                    Parent Outreach Services............................resources)

The attached Annual Report provides a brief description of the status of projects funded through BSEP in FY 2017-18, and a comparison report of revenue and expenditures for each Resource. This is the first report for BSEP/Measure E1 of 2016, which replaced the prior BSEP/Measure A of 2006. The funds remaining in Measure A will be expended for the purposes authorized by the Measure, and in some instances are built into the budgets for the parallel purposes of Measure E1.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1) 

FISCAL IMPACT
In FY 2017-18, BSEP Measure E1 of 2016 provided 19.3% of the District's combined General Fund revenue, in the amount of $30,277,029

STAFF RECOMMENDATION:
Review and accept the Annual Report of Revenue and Expenditures in FY 2017-18 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1)

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.