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Regular Meeting
Berkeley USD
February 20, 2019 5:30PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:30 PM
Quick Summary / Abstract:

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. 

2. Closed Session Public Testimony
Quick Summary / Abstract:

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. 

3. Closed Session
Quick Summary / Abstract:

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.

3.1. Conference with Legal Counsel - Anticipated Litigation (Government Code Section 54956.9(c)) One (1) Potential Case
3.2. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9(a))
3.2.1. OAH Case No. 2019010138
3.3. Public Employee Discipline/Dismissal/Release (Government Code Section 54957)
3.3.1. Employee ID No. 11169
3.4. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tomandong-Bradley)
3.4.1. Berkeley Council of Classified Employees (BCCE)
Rationale:

            


 
3.4.2. Berkeley Federation of Teachers (BFT)
3.4.3. Union of Berkeley Administrators (UBA)
Rationale:


 
3.5. Public Employee Appointment (Government Code Section 54957) Title: Superintendent
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of February 20, 2019
Rationale:

Pursuant to California Government Code Section 54953, Director Ka’Dijah Brown will be participating visa teleconference from the following location: 16 Boulevard Haussmann, 75009 Paris, France.
This agenda will be posted at the foregoing location at least 72 hours before the February 20 Board meeting is scheduled to commence. Public participation will be permitted at the teleconferencing location.






 
6. Report on Closed Session
7. Snapshot of Our Schools - Thousand Oaks Elementary
8. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. 

9. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
10. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:       February 20, 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.






 
Attachments:
Certificated Personnel Report 02.20.19
Classified Personnel Report 02.20.19
12.2. Approval of Out-of State Travel Request
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:          February 20, 2019
SUBJECT:   Approval of Out of State Travel Request 

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

AERA 2019 Annual Meeting- Toronto, Canada, April 4-9, 2019

Approval for David Stevens, District TSA: Academic Support, Index, Interventions and Supports, to attend this five-day, four-night conference in Toronto, Canada to present, Black Youth in Urban Context. The 2019 AERA Annual Meeting, based in the vibrant multicultural city of Toronto and in the country of Canada, known more for political cooperation than partisan squabbles, is an opportunity to assess the state of education research. It is also an opportunity to explore how our work can help overcome the challenges of our time by becoming more relevant to communities, practitioners, and policy makers who believe in democratic principles and the public schools that should sustain those principles Requested by: Pasquale Scuderi, Associate Superintendent, Educational Services.

POLICY/CODE:
Education Code 35330
Board Policy 6153 

FISCAL IMPACT:
As indicated above.

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

 
12.3. Approval of Overnight Field Trip Requests
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:         February 20, 2019
SUBJECT:   Approval of Overnight Field Trip Requests

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

BHS Jazz Lab I, Santa Cruz Jazz Festival, Santa Cruz, CA March 15-16, 2019
Approve participation of 100 students, one teacher and 30 other adults from Berkeley High School’s Jazz Lab I class, on a two-day, one-night field trip to the Santa Cruz Jazz Festival.  The group will depart from BHS at 9:00 a.m. on Friday, March 15th, and return home with their parents at approximately 10:00 p.m.1 on Saturday, March 16, 2019.  Combos play music composed and arranged by students.  The festival includes many high school groups which will enable students to focus on analyzing the elements that make a good performance.  Students will stay in supervised, gender specific rooms at the Seacliff Inn in Aptos.  Students will travel with volunteer parent drivers to and directly home from the event.  Parents will submit a “Notification of Adults Driving Private Vehicles” as required by Resolution 04-65.  The $75.00 per student is being paid with grants and BHS Jazz Association funds.  The substitute will be paid from BHS site funds.  No student will be denied access based on inability to pay.  Requested by: Erin Schweng, BHS principal.

Pt. Bonita Retreat Center Sausalito, CA, April 17-19, 2019
Approve participation of 28) 5th grade Oxford elementary students, one teacher and four other adults on a three-day, two-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Oxford Elementary School on Wednesday, April 17th at 9:30 a.m., and return Friday, April 19, 2019 at 1:30 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $275.00 per student and $689.00 for transportation will be paid for by parent donations, PTA and grant money. No student will be denied access based on inability to pay.  Requested by: Beth Rhine, Principal.

NatureBridge Field Science Camping Trip-Yosemite National Park, CA, May 5-8, 2019
Approve participation of approximately 120 eighth-grade students, eight teachers, and four parents from Longfellow Middle School on a four-day, three-night field trip to Yosemite Valley, CA.  This trip is open to all graduating 8th graders.  The group will depart Longfellow Middle School at 9:00 a.m. on Sunday, May 5th, and return at 9:00 p.m. on Wednesday, May 8, 2019. This program is intended to expose students to the great natural beauty of Yosemite, to provide them with interpersonal and physical challenges, and to promote their strong identity as a group of successful students as they prepare to enter Berkeley High School. It is both a celebration of their success as Longfellow graduates and a preparation for their new life at Berkeley High School. Students will sleep in gender specific cabins. The $550.00 per student cost is being paid by PTA, fundraising, grants and parent donations. No student will be denied access based on inability to pay. Requested by: Stacey Wyatt, Longfellow 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.

 
12.4. Approval of Resolution 19-019 Commemorating February 2019 as Black History Month
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Board of Education
FROM:            Ka'Dijah Brown, Director
DATE:           February 20, 2019
SUBJECT:     Resolution 19-019 Proclaiming February 2019 as Black History Month

BACKGROUND INFORMATION: 
The Berkeley Unified School District has a tradition of commemorating Black History Month in February of each year. African Americans have a history of outstanding accomplishments in every field of human endeavor from literature and art to science, industry, education, diplomacy, athletics and jurisprudence. It is important that our students learn of the people and events that enrich African American history.

POLICY/CODE: 
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Resolution 19-019 Proclaiming February 2019 as Black History Month.




 
Attachments:
Resolution 19-019
12.5. Approve Listing of Fiscal Warrants Issued in January 2019
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        February 20, 2019
SUBJECT:  Approve Listing of Warrants issued in January  2019.

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 January 2019.

FISCAL IMPACT:
$4,610,484.23 for the month of January 2019 from various funds.  



 
Attachments:
FISCAL WARRANTS JANUARY 2019
12.6. Approval Listing of Payroll Warrants for January 2019Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         February 20, 2019
SUBJECT: Approval of Payroll Warrants Issued in January 2019

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 January 2019.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$13,356,103.03, for January 2019 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in January 2019.

 
Attachments:
JAN 2019 PAYROLL WARRANTS
12.7. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        February 20, 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 191546, to Mid County Officials Network, to provide additional sports officiating for middle school after school programs for the period from 9/3/18 – 6/7/19. The original amount of $6,825 was issued on 1/23/19. The additional amount requested is $35,944 for a total amount of $42,769. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  2. Increase in contract, PO 191570, to Carina Grandison, to provide psychoeducational assessment services for Special Education Department for the period from 12/12/18 - 6/30/19.  The original amount of $5,500 was issued on 1/28/19. The additional amount requested is $12,600 for a total amount of $18,100. To be paid from Special Ed Fund.  Requested by Jan Hamilton.
  3. Increase in contract, PO#190559, to La Cheim School to provide additional services for Special Education Department. The Board approved $44,673.30 on 8/15/18.The additional contract amount will increase the cost by $41,056.89 for a total amount of $85,730.19. To be paid from Special Education Fund. Requested by Jan Hamilton. 
  4. I
    ncrease in contract, PO 191251, to Stephanie Allan, to provide additional Advisory Committee and Pathway & Workforce Partner Development services to BHS for the period from 1/2/19 – 6/14/19. The original amount of $9500 was issued on 11/5/18. The additional amount requested is $20,500 for a total amount of $30,000. To be paid from CTE Incentive Grant Program. Requested by Wyn Skeels.

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

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




 
12.8. Approval of Master Contract for Nonpublic Agency Services for the 2018-19 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           February 20, 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.

Non Public Agency

Estimated Total Cost

Hearing Conservation Associates

$18,846.00

TOTAL

$18,846.00



POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $18,846.00 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.

 
12.9. Approval of Authorized Representatives for CDE/DSA/DGS/OPSC
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities      
DATE:        February 20, 2019
SUBJECT:  Approval for Authorized Representatives for CDE/DSA/DGS/OPSC

BACKGROUND INFORMATION:
Berkeley Unified School District participates in various School Facility Programs offered through the California Department of Education (CDE), Division of the State Architect (DSA), Office of Public School Construction (OPSC) and the State Allocation Board (SAB). These programs require the submission of various data, certifications, forms and applications which require the signature of an authorized “District Representative.” Many of the OPSC / SAB programs are funded on a first come / first funded basis.

The Division of the State Architect requires signature on documents related to the approval of construction projects for our schools.  The Facilities Division is seeking the approval of three “District Representatives” to ensure the timely filing of construction and funding applications.

POLICY/CODE:
California Code of Regulations, Section 1859.2 of title 2

FISCAL IMPACT:
N/A

STAFF RECOMMENDATION:
Approve Authorized Representatives for CDE/DSA/DGS/OPSC


 
Attachments:
Resolution 19-017
12.10. Approve the Schematic Design of the Berkeley Community Theater Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:            Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            February 20, 2019
SUBJECT:    Approve the Schematic Design of the Berkeley Community Theater Project

BACKGROUND INFORMATION: 
On June 27, 2018 the Board approved a contract with CAW Architects to develop a design for the renovation and modernization of the classroom wing of the Berkeley Community Theater. The Board must approve the schematic design so the construction documents can begin. The schematic design has completed the review process and is attached for Board approval.

The project at the Berkeley Community Theater includes a complete renovation and modernization of the classroom wing, seismic reinforcement to the stage box and a new student entry/lobby area that is fully accessible for all.  The total project cost is estimated at roughly $51,000,000.  The initial project estimate was $39,000,000. However, due to increased structural scope, refined project scope, compliance modifications and other key factors such as escalation and a rise is material costs the estimate has seen a significant increase.  A recent application to the Office of Public School Construction has recently been approved for roughly $17,000,000. for modernization eligibility at Berkeley High School.  This allocation is on the State’s workload list and will offset the increase in project cost from the original budget.

FISCAL IMPACT: 
Cost of award by this action: None.  The project will be funded from Measure I and state allocation of Proposition 51 funds. 
 
STAFF RECOMMENDATION:
Approve the schematic design of the Berkeley Community Theater project. 

 
Attachments:
Schematic Design
12.11. Approve School Board Appointment to the Youth CommissionWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: School Board
FROM: Ty Alper, Director
DATE: February 20, 2019
SUBJECT: Appointment to Youth Commission

BACKGROUND INFORMATION:
Each Board member has an appointment to the Youth Commission, and the 
Board also has five appointments, four of which are currently vacant.

The Board has received an application for appointment to the Commission 
from Berkeley High freshman Max Schlosberg, who already has demonstrated 
great leadership through his work in Youth and Government, Kehilla 
Community Synagogue, and Jewish Youth for Community Action.  His application is attached. 

RECOMMENDATION:
Board approval for appointment to the Youth Commission tonight.



 
Attachments:
Application
12.12. Approval of Board of Education Meeting Minutes for January 23, 2019Was edited within 72 hours of the Meeting
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
Official Minutes
January 23, 2019 


Vice President Beatriz Leyva-Cutler called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 5:30pm.

Roll Call
Board of Education:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present|
Ka’Dijah Brown, Director – Excused from open session
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, Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Sinai/Alper and approved 3-0 

REPORT CLOSED SESSION

Director Leyva-Cutler reported out on closed session: 

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

Claim No. 11604043
Motion to accept staff’s recommendation on this matter:
Sinai/Brown and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Absent
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director -- Yes

Claim No. 1603645

Motion to accept staff’s recommendation on this matter:

Brown/Sinai and approved 3-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Absent
Ka’Dijah Brown, Director – Yes
Julie Sinai Director -- Yes 

Claim No. 120800232 & 130500227

Motion to accept staff’s recommendation on this matter:
Alper/Brown and approved 4-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai Director -- Yes

OAH Case No. 2018100551
Motion to accept staff’s recommendation on this matter:
Alper/Sinai and approved 4-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai Director -- Yes 

OAH Case No. 2018100524
Motion to accept staff’s recommendation on this matter:
Alper/ Leyva-Cutler and approved 4-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai Director -- Yes

OAH Case No. 2018110164
Motion to accept staff’s recommendation on this matter:
Sinai/Alper and approved 4-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai Director -- Yes 

Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(c)) Two (2) Potential Cases

The Board received update on one of two potential cases. No action was taken. 

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

The Board heard an update on union negotiations and gave direction to staff. No action was taken. 

Public Employee Appointment (Government Code Section 54957)

Title: Superintendent

Director Alper reported that the Board has selected Leadership Associates to conduct the search for BUSD’s new superintendent.

SNAPSHOT OF OUR SCHOOLS

Willard Middle School

Eighth grade Willard students engaged in a Socratic Seminar as part of their presentation to the Board.

RECOGNITION

Director Alper presented Berkeleyside reporter Natalie Orenstein with California School Board Association's (CSBA) 2018 Golden Quill Award.

PUBLIC TESTIMONY

A total of 12 people addressed the Board:

Five comments in opposition to proposed cuts to the Office of Family Engagement & Equity. 

Three comments in advocacy for increase in employee compensation.

Two comments opposing proposed transportation fees for afterschool programs.

One comment thanking the Board for its collegiality and ability to uphold President Appel’s values in her absence. 

One comment acknowledging the great restorative justice work at BHS.

UNION COMMENTS

Berkeley Federation of Teachers (BFT) President Cathy Campbell referred to a recent NPR article highlighting the positive impact of teachers of color on Black students. She suggested that hiring timelines be moved up in order to ensure BUSD’s ability to hire teachers of color. In addition, she urged the Board to consider investment in 21st century technology to facilitate a smooth onboarding process for new hires, as well as enable HR to better track absences, hours worked and other employee related information. Campbell went on to emphasize how critical it is for BUSD to also consider a meaningful compensation increase as it proceeds with its budget reductions process.

Berkley Council of Classified Employees (BCCE) Member Mark Ramia read aloud a statement on behalf of BCCE president Linnette Robinson, urging the Board to ensure that budget cuts have the least implications on students. 

COMMITTEE COMMENTS

Parent Advisory Committee (PAC) member Laura Babbitt commented on behalf of the PAC sharing concerns expressed during its last meeting.                             

Isaiah Roter, member of the Board’s audit committee, reported that BUSD’s financial audit resulted in an unmodified opinion, the highest level of assurance provided to agencies whose financial statements are fairly presented and contain no material misstatement. As a result, BUSD maintains its 3% reserve as required by the state. He attributed these results to the work of Asst. Superintendent of Business Services Pauline Follansbee and staff.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Alper reminded the public that the Board has difficult decisions to make with respect to cutting the budget and the next several meetings will involve discussion on budget reductions. He noted that while there may be some disagreement among the community on how 2019-20 budget cuts are made, there is no disagreeing with the fact that schools are underfunded statewide. He went on to report that the Board held a special meeting this morning for the purpose of interviewing firms for the search of BUSD’s next superintendent. The Board has selected Leadership Associates to conduct this search and further information will be shared with the community as it becomes available. He then alerted the public to the consent item requesting approval of BUSD’s comment in response to the proposed Title IX changes, noting that BUSD is one of very few districts who has submitted comments raising concerns about the proposed changes. With respect to public comment regarding proposed after school transportation fees, he stated that more information regarding the actual numbers will be forthcoming.

Director Sinai sent healing energy to President Appel and her wife as they continue to recover, reiterating that President Appel’s presence would be felt and her voice represented on the school board. She thanked the Willard students for their presentation to the Board. She shared that she attended an event honoring Martin Luther King where three high school students were recognized for exemplifying MLK’s spirit. She announced that the Board will hold a study session on Feb 6 to discuss workforce housing,

Director Leyva-Cutler thanked those who contributed to the success of this year’s annual MLK breakfast. She noted that due to her role as an after school director, she will be recusing herself from any discussion and vote concerning proposed transportation fees for after school programs.

Superintendent Evans congratulated Natalie Orenstein for her well deserved award. He thanked the community for the input around budget priorities/cuts.

Motion to approve the Consent Calendar:
Alper/Sinai and approved 3-0. 

Approval of Independent Audit Report for Fiscal Year Ending June 30, 2018 – Discussion
Allotted time: 15 min
Actual time:  5 min 

External auditor Jeff Jensen added to the audit report provided earlier during public comment, saying that there were no audit adjustments since the approval of the first interim budget in September. He noted the great results achieved by BUSD are not commonplace among school districts, and attributed BUSD’s success  to its community centered and transparent process.

Update on District Indicators – Discussion
Allotted time: 40 min
Actual time: 34 min 

Associate Superintendent Pasquale Scuderi provided an update on BUSD’s indicators, noting that the goal is to revisit efforts on identifying best practices for the reporting of information, tracking local indicators and benchmarks, and producing requested data in a more streamlined and standardized way. Questions and discussion followed.

ADJOURNMENT 9:45


 
12.13. Approval of Board of Education Special Meeting Minutes for January 23, 2019
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
Special Meeting
1231 Addison St., Berkeley, CA 94702
510-644-6206 
Official Minutes
January 23, 2019

Vice President  Beatriz Leyva-Cutler called the special meeting to order at 9:45pm.

Roll Call

Board of Education:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present
Ka’Dijah Brown, Director – Excused from open session
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, Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

OPEN SESSION

APPROVAL OF SPECIAL MEETING AGENDA

Motion to approve agenda:
Sinai/Alper and approved 3-0 

Governor's Budget Update 
Allotted time: 15 min
Actual time: 15 min 

Assistant Superintendent of Business Services Pauline Follansbee presented an update on the Governor’s budget as presented at his workshop. Her presentation highlighted Governor Newsom’s plan to continue former Governor Brown’s school funding program and to provide more emphasis on accountability for K-12 with the Dashboard in place. With respect to the state of the economy, she noted that Governor Newsom’s budget anticipates steady job growth, increasing wages and contained inflation. Additionally, the Local Control Funding Formula (LCFF) will be increased by $2 billion to address the COLA increase. For BUSD this translates to $320 per ADA. Questions and discussion followed.

Adjourned 10:05PM

 

 




 
12.14. Approval of Board of Education Special Meeting Minutes for January 23, 2019
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206
Special Board Meeting
Official Minutes
January 23, 2019 

Director Ty Alper called the meeting to order at 8:02 am.

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 – Excused
Oneida Abrams, Student Director, BTA -- Absent 

Administration:
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

APPROVAL OF SPECIAL MEETING AGENDA
Motion to approve special meeting agenda:
Alper/Brown and unanimously approved 4-0. 

The Board interviewed Ray and Associates and Leadership Associates.

The Board recessed to closed session.

 
12.15. Approval of Board of Education Special Meeting Minutes for February 5, 2019
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
2020 Bonar St., Room 126 Berkeley, CA 94702
510-644-6206
Special Board Meeting
Official Minutes
February 5, 2019 

Director Ty Alper called the meeting to order at 6:01pm. 

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:
Lyz Chairez, Recorder 

APPROVAL OF SPECIAL MEETING AGENDA

Motion to approve special meeting agenda:
Hariri/Leyva-Cutler and unanimously approved 4-0 

OPEN SESSION PUBLIC TESTIMONY

Approval of Contract Between BUSD and Leadership Associates – Action

Sinai/Alper and approved 4-0:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Absent
Julie Sinai, Director -- Yes
Arvin Hariri, Student Director, BHS – Yes

Review of Superintendent Search Process

Leadership Associates walked the Board through what the superintendent search process will entail. 

Board members provided initial input with respect to desired qualities and characteristic of potential candidates, pending the input from community meetings, forums, and the survey.

The board recessed to closed session for further deliberation.

 
13. Lease-Leaseback Construction Delivery Method - Discussion (20 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            February 20, 2019
SUBJECT:    Lease-Leaseback Construction Delivery Method

BACKGROUND INFORMATION: 
California Education Code 17406 authorizes school Districts to use a delivery method known as Lease-Leaseback for construction.  This delivery method was authorized by the State Legislator to deliver school facilities on budget, on time and to reduce public risk. 

The use of the Lease-Leaseback delivery method allows Districts to deal with many of the complexities and unknown variables that are present in modernization projects early on.  This is done by bringing the contractor on board during the design phase to work closely with the architect and engineers. An early onboarding process such as this fosters a collaborative relationship between the District, the contractor and the design team which allows constructability reviews, value engineering and more importantly leads to a guaranteed maximum price (GMP) upon completion of the construction documents.  A GMP reduces the number and cost of change orders that are typically present when using other delivery methods such as Design/Bid/Build which is the method that is currently used by the District. 

POLICY/CODE:
California Educational Code 17406

FISCAL IMPACT:
Cost of award by this action: None.

STAFF RECOMMENDATION:
Lease-Leaseback would be an excellent delivery method for projects that are complex and have a greater risk of cost overruns and unknown conditions under the Design/Bid/Build method. The District and project budget would greatly benefit from performing the Berkeley Community Theater project and possibly other future complex projects by using the Lease-Leaseback delivery method.

 
Attachments:
Presentation
14. Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Proposed Fees for After-School Transportation) - Discussion (10 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            February 20, 2019
SUBJECT:      Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Proposed Fees for After-School Transportation) 

PURPOSE:
To discuss options for transportation fees which was included as a recommendation for Superintendent’s Proposed Budget Reductions for 2019-20 Base Grant (Unrestricted General Funding)

NOTE: Because Vice-President Leyva-Cutler is recused from any discussion or vote on the after-school transportation fees proposal, we have agendized discussion of that proposal separately and Vice-President Leyva-Cutler will not participate in that specific portion of the proposed budget reductions discussion.

BACKGROUND:
Included in staff recommendations for budget reductions was the option of charging sixteen groups daily fees of $29 or $56 which would be general additional annual revenue of $100,000.

An alternative recommendation is to charge groups a daily rate of $51 or $100 which would generate revenue of $182,000.

If the District charged groups the field trip per bus rate, groups would be charged a daily rate of $210 or $410 which would generate annual revenue of $736,000.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Staff is asking the board review options and determine which option they recommend for budget reductions for 2019-20.

ATTACHMENTS:
Attached are worksheets for options discussed above.



 
Attachments:
Transportation Billiings - $180k
Transportation Billings - $100k
Transportation Billings - $700k
15. Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Unrestricted General Funding) - Discussion (50 min)
Rationale:

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 20, 2018
SUBJECT:              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. On February 6, 2019, the Board engaged in a first reading of the Superintendent’s proposed reductions and asked clarifying and additional questions to aid in their decision-making ahead of the March 13 board meeting. 

Tonight the Superintendent and staff bring forward additional information regarding the reductions proposed on February 6, and again review that list toward approval or rejection of these proposals next month.

The discussion will briefly clarify the proposed reductions with tentative Board approval, those proposals that staff did not receive additional questions on at the February 6 meeting, and then move into additional discussion of the proposals for which the Board asked additional questions.

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 fund 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 from 2/6/19.

 

NOTE: Because Vice-President Leyva-Cutler is recused from any discussion or vote on the after-school transportation fees proposal, we have agendized discussion of that proposal separately and Vice-President Leyva-Cutler will not participate in that discussion.

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 7 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 

 

 






 
Attachments:
Attachment A
Attachment B
Attachment C
Presentation
16. Update on BUSD's Phonics/Phonemic Awareness Program in Grades K-3 - Discussion (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                        Donald Evans, Ed. D, Superintendent
FROM:                    Pasquale Scuderi, Associate Superintendent
PRESENTERS:    Maggie Riddle, Director, K-8 Schools
Rose James, Teacher on Special Assignment
Susanne Reed, Coordinator of Professional Development
DATE:                  February 20, 2019
SUBJECT:            Adoption of Phonics/Phonemic  Awareness program for grades K-3           

PURPOSE:    
Provide the Board with an update on the recently adopted phonics curriculum.

BACKGROUND: 
Research, including The National Reading Panel findings, shows that students who receive systematic and explicit phonics instruction develop as better readers than students who receive non-systematic or no phonics instruction.  

Systematic reading programs include the following essential components of reading:

  • Phonemic Awareness
  • Phonics
  • Fluency
  • Vocabulary
  • Comprehension
  • Spelling

Phonics and phonemic awareness instruction are critical parts of a balanced literacy program. Instruction in phonics and phonemic awareness supports vocabulary development and reading fluency. Explicit phonics instruction focuses on teaching sound/spelling correspondences directly and systematically.

BUSD’s current elementary reading and writing program, Teachers College Reading and Writing Program (TCRWP), serves students well in many areas, yet does not include explicit phonics instruction or an articulated spelling program.

In light of ongoing challenges related to many African American and English Language Learner students not meeting grade level reading proficiency by the end of 3rd grade, the Board approved staff’s recommended adoption of a new phonics curriculum last June.

Following the adoption of the Fast Track phonics program last June, staff tonight will provide a brief update on implementation of the program thus far in grades K-3. 

RECOMMENDATION:
Receive the report.

Additional resources:

Success For All~ Fast Track Phonics

http://www.successforall.org/our-approach/targeted-programs/

https://www.youtube.com/watch?v=FTCkhKB-NgE

https://www.youtube.com/watch?v=Tb5Zgt2TmAs



 
17. Approval of Tentative Agreement with Local 21 Professional and Technical Engineers, AFL-CIO, for Successor Agreement for 2018-21 - Action (5 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:         February 20, 2019
SUBJECT:  Tentative Agreements with Local 21 Professional and Technical Engineers, AFL-CIO, for   Successor Agreement for 2018-21

BACKGROUND INFORMATION:
The District and the Local 21 Professional and Technical Engineers, AFL-CIO, are parties to a collective bargaining agreement that ended June 30, 2018. On January 29, 2019, representatives for the District and Local 21 reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2021. The Local 21 membership ratified this Tentative Agreement on February 8, 2019.

POLICY/CODE:
California Government Code Section 3547 and Board Policy 4143.1 and 4243.1

FISCAL IMPACT:

Cost increase of salary and benefits through 2018-19 was included in the AB1200 filed with the board on August 23, 2017. Additional negotiated cost for stipends and longevity is estimated to be less than $2,000. 

STAFF RECOMMENDATION:
Approve the Tentative Agreements.



 
Attachments:
Tentative Agreements Between BUSD and Local 21
18. Vote for Delegate to the California School Boards Delegate Assembly - Action (5 mIn)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM:  Donald Evans, Ed.D., Superintendent
DATE:  February 20, 2019
SUBJECT:  Vote for Delegate to the California School Boards Delegate Assembly 

BACKGROUND INFORMATION:
The California School Boards Association (CSBA) is a collaborative group of virtually all of the state's more than 1,000 school districts and county offices of education. It brings together school governing boards and their districts and county offices on behalf of California's children.

CSBA members elect representatives from 21 geographic regions. Alameda County is Subregion 7-B and there are four vacancies in our region.

California School Board Directors are eligible to vote in this election. The Board as a whole may vote for up to the number of vacancies as indicated on the ballot. Regardless of the number of vacancies, the Board may cast no more than one vote for any one candidate. The ballot also contains a provision for write-in candidates: their name and district must be clearly printed in the space provided on the ballot.

Election results will be posted on CSBA's website on April 1, 2019.

POLICY/CODE:
None

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Review and vote for eligible CSBA candidates. 



 
Attachments:
2019 CSBA Delegate Ballot
19. Information Items
19.1. New AP Biology Textbook for Consideration
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Associate  Superintendent Educational Services
DATE:          February 20,2019
SUBJECT:    New (11th/12th grade) Advanced Biology Textbook for Berkeley High School-  CONSIDERATION

BACKGROUND INFORMATION
The following (11th/12th grade) Advanced Biology textbook is being recommended for CONSIDERATION: Campbell Biology: Concepts & Connections, 9th edition, (and all future editions)

Title, Author:  
Campbell Biology: Concepts & Connections, 9th edition, (and all future editions). Authors: Martha Taylor, Eric Simon, Jean Dickey, Kelly Hogan, and Jane Reece. ISBN: 9780134296012

Description:
Berkeley High School is recommending this textbook to be used in the (11th/12th grade) Advanced Biology course.

We are in the process of changing our science course sequence from 9th grade Advanced Biology to a newly designed, NGSS aligned 11th/12th grade Advanced Biology. Our previous textbook, Biology, Miller & Levine, is outdated (published between 2002 and 2008), not aligned to the Next Generation Science Standards (NGSS), and not written at an appropriate level for older students.

Campbell Biology, Concepts and Connections, thematically “chunks” content material to the length of a page. Teachers will be able to use their training in Constructing Meaning (CM) together with this text to develop students’ skills in academic reading and writing, better preparing them for college level work upon graduation from BHS.

In conclusion, this textbook provides comprehensive support for biological literacy, lab skills and investigations that support the three dimensional learning of the NGSS, and student preparation for college.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
Campbell Biology: Concepts & Connections Plus Mastering Biology with Pearson eText -- Access Card Package, 9th Edition costs $153.97/copy. During the 2019-2020 school year we could have as many as five sections of juniors taking biology, and will need 170 copies to cover those sections. Total cost: $26,174. In SY 2020-2021 we will need to purchase an additional 630 copies, for a total cost of $97,001 (note that the cost for 2020-2021 could be lower based on the availability of pre-owned copies).

The amount needed for the additional online support materials would begin with an initial cost of $9500 and would continue with a yearly cost of $63 per student (thus varying on enrollment.)

STAFF RECOMMENDATION:
Adopt the new textbook for Berkeley High School for the (11th/12th grade) Advanced Biology course.

 
20. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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.

21. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
22. Adjournment

Published: February 15, 2019, 6:52 PM

The resubmit was successful.