banner

Regular Meeting
Berkeley USD
March 13, 2019 5:45PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:45 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:45 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 5:30 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. Claim No. 16-087856
3.2.2. Case No. 2018100524
3.3. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)
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 Employment (Government Code Section 54957) Title: Superintendent
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of March 13, 2019
6. Report on Closed Session
7. Snapshot of Our Schools - Oxford 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:       March 13, 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 03.13.19
Classified Personnel Report 03.13.19
12.2. Potential Reassignment of Administrative/Supervisory Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed. D., Superintendent
FROM:         Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          March 13, 2019
SUBJECT:    Potential Reassignment of Administrative/Supervisory Certificated Employees

BACKGROUND INFORMATION:
To meet the needs of school districts, California Education Code provides for governing boards to reassign certificated employees holding positions requiring administrative or supervisory credentials.  For the Board to reassign such employees, the employees must be noticed by March 15 that they may be released from their present positions and reassigned for the following school year. 

POLICY/CODE:
Education Code section 44951

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.


 
Attachments:
Resolution for Administrative Reassignments
12.3. Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed. D., Superintendent
FROM:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources      
DATE:          March 13, 2019
SUBJECT:   Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a temporary contract for multiple specified reasons.  Such employees may be released at the end of the school year at the Board’s discretion.  To prevent overstaffing, to maintain the integrity of the employment process, and to ensure that the District employs the best available certificated staff, it is prudent to release Temporary (including “Probationary 0”) employees at the conclusion of the school year.  Such individuals may re-apply for vacant positions in the District.

POLICY/CODE:
Education Code Sections 44954 and 44909

FISCAL IMPACT:
Reduction in employee costs

STAFF RECOMMENDATION:
Approve the Resolution.




 
Attachments:
Resolution for Temporary Releases/Non-Reelections
12.4. Ratification of Out-of-State Field Trip
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Donald Evans, Ed.D., Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent, Ed. Services
DATE:         March 13, 2019
SUBJECT:  Overnight Field Trip Request-RATIFICATION

BACKGROUND INFORMATION:
The following out of state travel is being presented as a ratification:

Jazz Education Network Conference, Reno, NV, January 10-12, 2019
Approve participation of twelve students, one teacher, and one other adult from Berkeley High School students in combo A and The Girls and Pepe, on a three-day, two-night field trip to the Jazz Education Network Conference. Parents will drive their students to Reno, NV on Thursday, January 10th and will drive their students home on Saturday, January 12, 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 Grand Sierra Resort in Reno. The cost of $100 per student is being paid with 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, Berkeley High School 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

 
12.5. Approval of Overnight Field Trip Requests
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT


TO:               Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          March 13, 2019
SUBJECT:   Approval of Overnight Field Trip Requests

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

Camp Arroyo-Livermore, CA, March 27-29, 2019
Approve participation of forty-nine fifth grade students, four teachers and 12 other adults from Emerson Elementary on a three-day, two-night field trip to Camp Arroyo in Livermore, CA.  The group will depart from Emerson on Wednesday, March 27th at 10:45 a.m., and return Friday, March 29, 2019, at 2:00 p.m. Through a series of hands-on activities, students will increase their understanding of and respect for ecology and the environment. Activities will support the Life and Physical Science curriculum.  Students will sleep in gender specific dormitories. Sierra Pacific Tours will provide transportation. The cost of $227.00 per student is being paid by fundraising, grants, PTA and parent donations.  No student will be denied access based on inability to pay.  Requested by Susan Hodge, Emerson Principal. (Teachers: Jenny Weddle & Katie Campbell-Lewis.) 

Sempervirens Outdoor School, Santa Cruz, CA, April 22-25, 2019
Approve participation of 51 fifth grade students and 2 teachers, and one other adult from John Muir Elementary School on a four-day, three-night field trip to Sempervirens Outdoor School, which provides a staff of trained adults to work with student groups. The group will depart John Muir Elementary at 9:30 a.m. on Monday, April 22nd and return at 2:00 p.m. on Friday, April 25, 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. Michael’s Transportation will provide transportation.  Students will sleep in gender specific cabins on the grounds.  While there is no cost to the students, the cost of $322.00 per student will be paid for entirely by the PTA field trip outdoor school fund and parent donations. No student will be denied access based on inability to pay. Requested by: Audrey Amos, John Muir Principal. (Teachers: Alessia Cook & Jessica Meija-Smith)

BHS Jazz Ensemble, Monterey Jazz Festival, April 5-7, 2019 Monterey, CA
Approve participation of 26 students, one teacher and eight other adults from Berkeley High School’s Jazz Ensemble, on a three-day, two-night field trip to the Monterey Jazz Festival. The group will depart from BHS at 1:00 p.m. on Friday, April 5th and depart the jazz festival in Monterey at approximately 10:00 a.m. on Sunday, April 7, 2019. The Jazz Ensemble and Combos will play music composed and arranged by students. The festival is comprised of performances by many high school groups, which enable students to focus on analyzing the elements that make a good performance.  Students will stay in supervised, gender specific rooms at the Monterey Marriott in Monterey.  Students will travel with volunteer parent drivers to and directly home from the event.  Parents have submitted a “Notification of Adults Driving Private Vehicles” as required by Resolution 04-65, approved by the Board in 2005. The cost of $200.00 per student will be paid BHS Jazz Association funds. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS principal. (Teacher: Sarah Cline)

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.

 
12.6. Approval of Out of State Travel Request
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Donald Evans Ed.D., Superintendent
FROM:         Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          March 13, 2019
SUBJECT:   Approval for Out of State Travel: COABE Conference

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

COABE 2019 Annual Meeting, New Orleans, LA-March 31-April 3, 2019
Educators build knowledge and new skills by participating in professional conferences. LaRanda Marr, Berkeley Adult School Vice-Principal has submitted a proposal about one of our Adult School Reading & Math programs to the national conference of the Coalition on Adult Basic Education (COABE). The COABE conference will be held in New Orleans, LA, March 31-April 3, 2019. Projected expenses of $1,500 for each participant will be covered by Adult Education funds. Requested by Thomas Reid, Berkeley Adult School Principal

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT
Approximately $1,500.00 in Adult Education Funds.

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

 

 

 



 
12.7. Approval of new BHS AP Biology Textbook
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent Educational Services
DATE:           March 13, 2019
SUBJECT:    New (11th/12th grade) Advanced Biology Textbook for Berkeley High School-APPROVAL

BACKGROUND INFORMATION
The following textbook was presented to the Board on February 20, 2019 for consideration and is now being recommended for adoption:  

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.




 
12.8. Approve Recommendation for Expenditure of BSEP Funds for Class Size Reduction and Support for Teaching in FY 2019-20
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Board of Education      
FROM:        Pasquale Scuderi, Associate Superintendent for Educational Services and
Natasha Beery, Director of BSEP and Community Relations
DATE:        March 13, 2019
SUBJECT: Recommendation for Expenditure of BSEP Funds for Class Size Reduction and Support for Teaching in FY 2019-20 

BACKGROUND INFORMATION:
According to Measure E1 of 2016, “sixty-six percent (66%) of the Available Revenues shall be dedicated annually to reducing class sizes at all District-operated K-12 schools, and may also be allocated to provide funding for professional development, classroom support, program evaluation, and expanded course offerings.”[1]

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for funds allocated for class size reduction and associated purposes are presented under the rubric of “High Quality Instruction and Support for Teaching.” The plans for expenditure of these funds in 2018-19 were reviewed and approved at regularly scheduled P&O meetings on January 15, February 19 and 26. The summary for these plans, and associated appendices are provided with this document.

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

FISCAL IMPACT:
Expense to the BSEP Measure E1 High Quality Instruction resource in 2019-20 and transfer to the General Fund is projected to be $19,187,271 which includes $967,471 based on indirect cost rate of 5.31%.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for High Quality Instruction (Class Size Reduction and Teaching Support) for FY 2019-20.


[1] BSEP Measure E1 of 2016, Section 3.A





 
Attachments:
Appendix A
Appendix A2
Appendix B
Appendix C
12.9. Approval of Master Contract for Non Public School for the 2018-2019 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           March 13, 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.


Non Public Schools

# of Students

Estimated Total Cost

Discovery Academy

1

$20,675.78

Total

1

$20,675.78


POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $20,675.78 funded from the Special Education Budget.

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

 
12.10. 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:        March 13, 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. Mills Teacher Scholars to provide professional development consultation for BUSD preschools for the period from 8/1/18 – 5/30/19. The cost will not exceed $10,900. To be paid from BSEP Fund. Requested by Peter Gidlund.
  2. R.I.S.E., to provide academic assistance for Berkeley High School students and their families for the periodfrom 7/1/18 - 6/14/19. The cost will not exceed $10,000. To be paid from BSEP School Discretionary Fund. Requested by Natasha Beery.
  3. Increase in contract, PO#190187 with Tennant, to provide repair services for street sweeper as needed by Operations Department. The original amount of $6,000 was issued on 7/18/18. The additional amount requested is $4,000 for a total amount of $10,000. To be paid for by General Funds. Requested by Greg Williams.
  4. Increase in contract, PO#191307 with Cherie Marie Corea Spivey, to provide additional assessment hours to Special Education Department. The original amount of $9,000 was issued 11/1/18. The additional amount requested is $12,000 for a total amount of $21,000. To be paid from Special Education Fund. Requested by Jan Hamilton.
  5. Increase in contract, PO#190962, to SEEDS Community Resolution Center to provide additional professional services for the District. The Board approved $20,400 on 9/26/18.The additional contract amount will increase the cost by $46,600 for a total amount of $67,000. To be paid from LCAP Fund. Requested by Pasquale Scuderi.
  6. Eichler Associates to provide Commissioning Services for projects at Berkeley High, John Muir, Cragmont and Washington for the Facilties Department. The cost will not exceed $25,950. To be paid from measure I. Requested by John Calise.
  7. Increase in contract, PO#191561, to Anova Education & Behavioral to provide additional NPS services for Special Education Department. The Board approved $51,870 on 12/12/18. The additional contract amount will increase the cost by $42,000 for a total amount of $93,870. To be paid from Special Education Fund. Requested by Jan Hamilton.

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

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

 
12.11. Approval of Acceptance of Gifts/Donations Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          March 13, 2019
SUBJECT:   Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

  1. Berkeley Public Schools Fund donated $578.26 to 17-18 Strategic Impact Grant 1-706 to Valerie Gutwirth for BUSD Dance PLC.
  2. Berkeley Public Schools Fund donated $1,200 to pay for hourly after school meetings for the Universal 9th Grade at Berkeley High School.
  3. Berkeley Public Schools Fund donated $3,000 to 18-19 Classroom Grant 18-411 to Karen Wells “Professional Music Mentors to Berkeley High School Band & Orchestra”.
  4. Philanthropic Ventures donated $500 to pay for entrance to Cal Academy for 3rd grade classes at Cragmont Elementary School.
  5. Chevron matching funds donated $2,000 to Cragmont Principle’s discretionary fund.
  6. Dorian photography donated $44.65 for material and supplies for Cragmont School.
  7. Wells Fargo Foundation Educational Matching Gifts Program donated $659.61 to Rosa Parks School Principal Discretionary Fund.
  8. Dorian Artistry in Photography donated $31.04 to Rosa Parks School Principals Discretionary Account.
  9. Wells Fargo Foundation donated $659.61 to Rosa Parks Schools Principal Discretionary Fund.
  10. Scholarship America donated $700 for 3rd grade Berkeley Marina and Oakland zoo trip for Cragmont School.
  11. Total donations of $1,550 from parents of Berkeley Arts Magnet for 5th grade camp field trip.
  12. Meyer Sound donated audio equipment valued at $123,450.00 to Career and Technical Education. 

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 $10,923.17 in donations


 
12.12. Approval of Purchase of Network Switch Equipment
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed. D., Superintendent
FROM:          Jay Nitschke, Director of Technology
DATE:          March 13, 2019
SUBJECT:   Approval of Purchase of Network Switch Equipment

BACKGROUND INFORMATION:
The District participates in the eRate program, a federal program administered by USAC that reduces the cost of internet access through Category 1 funds, which are further augmented by the California Teleconnect Fund (CTF). However, the Free/Reduced lunch threshold has been too high for the district to participate in eRate Category 2 in the past. Category 2 provides funds for switch or access point equipment.

Recently, the Category 2 limit was reduced for some network switching equipment. The district issued an RFP for a switch refresh of the entire district to take advantage of these funds. While not necessary for 2019, the new equipment will allow multi-gigabit connections to every school in the district (currently only possible at BHS and King Middle). The new equipment significantly increases the ability and ease of network management. Note that efficiencies are being achieved at minimal cost and no General Fund or BSEP expense, including the entire district led to very aggressive bidding by vendors which further reduced total cost. The winning bid was submitted by IT Management of Santa Clara, CA.

Based on eRate regulations, approximately 68% of the costs will be eligible for a 60% discount, leading a 41% rebate of the total contract price, $433,000.

USAC requires that a valid contract is entered into prior to submitting the Form 471.   If unexpectedly the proposal is not approved by USAC, the district reserves the right to not proceed with the work.

By USAC regulation, the switches will be delivered on or after April 1, 2019. Most of the district Computer Techs are on a work calendar that does not include the month of July or the first weeks of August. In order to provide paid work for techs over the summer, the district is installing the switches itself, with minimal assistance from the vendor.

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

STAFF RECOMMENDATION:
Approve the contract with IT Management for $433,000 to paid out of the Bond Fund, with rebates of approximately $177,530.

 
12.13. Approval of Contract for WAN Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:             Donald Evans, Ed. D., Superintendent
FROM:         Jay Nitschke, Director of Technology
DATE:         March 13, 2019
SUBJECT:    Approval of Contract for WAN Services

BACKGROUND INFORMATION:
The District participates in the eRate program, a federal program administered by USAC that reduces the cost of school district Wide Area Networks (WAN) and internet access through Category 1 funds, which are further reduced by the California Teleconnect Fund (CTF). In previous years telephone services costs were eRate eligible but no longer.

District WAN services are currently provided by Comcast. The WAN links all sites, so they may take advantage of Internet services and content filtering currently provided by the Alameda County Office of Information.

The District issued RFP 19-02 for lit fiber in a three-year contract beginning in 2019-20. There were 4 valid responses, and Comcast was selected as winning response; they also provided the lowest-cost response.

The District will work in the next two years to prepare a dark-fiber RFP that may reduce costs further after the termination of this contract.

USAC and CTF approval of discounts require that a valid contract is entered into prior to submitting the Form 471 which is due by March 27, 2019.

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

STAFF RECOMMENDATION:
Approve the contract with Comcast for three years of lit WAN services for the 2019-20 school year and subsequent 2 school years. Pre-eRate and CTF discounts, the annual amount is $219,840 -- with anticipated eRate and CTF discounts, the annual cost to the district will be approximately $44,000.


 
12.14. Approve Appointments to the Youth Commission Was edited within 72 hours of the Meeting
Quick Summary / Abstract:





Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:  Donald Evans, Ed.D
FROM:  Ty Alper, Director
DATE:  March 13, 2019
SUBJECT:  Approve Appointments to the Youth Commission 

BACKGROUND INFORMATION:
Each Board member has an appointment to the Youth Commission, and the  Board also has five appointments.

The Board has received applications for appointment to the Commission from Berkeley High juniors Mallika Hari and Auden Friedman.  Their applications are attached to this memo.

I am requesting that the Board approve these appointment to the Youth Commission tonight. A number of vacancies remain.



 
Attachments:
Auden Friedman
Malika Hari
12.15. Approval of the Lease-Leaseback delivery method for future projects
Rationale:

   BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities      
DATE:        March 13, 2019
SUBJECT:  Approval of the Lease-Leaseback delivery method for future projects

BACKGROUND INFORMATION: 
Berkeley Unified School District currently uses the Design/Bid/Build delivery method for capital facility construction projects.  On February 20, 2019 the Facilities Department gave a presentation to the Board regarding Lease-Leaseback and the benefits of this delivery method for certain projects.

The Lease Lease-back delivery method provides Districts with some of the same negotiating tools as private sector entities.  This methodology allows Districts to award contract(s) based on best value as defined in qualification documents adopted by the Governing Board.  This affords the District the flexibility it needs to perform technically complex projects or projects with difficult constraints while delivering projects on time and budget along with reducing the level of public risk without sacrificing quality.   


POLICY/CODE:
California Education Code 17406

FISCAL IMPACT:
N/A

RECOMMENDATION:
Approve the Lease-Leaseback construction delivery method as a delivery method to be considered on future projects.

 
12.16. Approval of Board of Education Meeting Minutes for February 6, 2019 Was edited within 72 hours of the Meeting
Rationale:

BERKELEY PUBLIC SCHOOLS

Board of Education
1231 Addison St., Berkeley, CA 94702
510-644-6206 

February 6, 2019

Vice-President Beatriz Leyva-Cutler called the meeting to order at 6:30pm. She 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 – Present
Julie Siniai, Director -- Present
Arvin Hariri, Student Director, BHS – Present
Oneida Abrams, Student Director, BTA -- Absent 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

CALL TO ORDER/ROLL CALL

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve meeting agenda:
Alper/Sinai and unanimously approved 4-0.

Workforce Housing Study Session – Action

Public Comments
Five comments in support of workforce housing 

BeHome Representative David Meyer and Executive Director of Facilities John Calise presented on the benefits of providing affordable housing for educators and BUSD staff. Their presentation included an update on the efforts undertaken to date to engage various community partners in the process and to identify potential sites for building.

Alper moved to designate Director Sinai as the Board representative to move the governing body through the next steps, including submitting a letter to the Mayor and City Council; motion was seconded by Brown and carried with a unanimous vote.

The next update will be presented at the April 10 Board meeting.

This portion of the meeting concluded at 7:20pm and the Board recessed until 7:30pm. 

REPORT CLOSED SESSION

Vice President Leyva-Cutler reported out on closed session:

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54957.6 (c)) Two (2) Potential Cases
The Board heard an update and gave direction to staff on both cases; no action was taken. 

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

BCCE
Motion to approve the settlement compromise for 2017-18:
Alper/Brown and unanimously approved 4-0.

LOCAL 21
The Board heard an update and gave direction; no action was taken.

BFT
The Board heard an update and gave direction; no action was taken.

Public Employee Appointment (Government Code Section 54957) Title: Superintendent
The Board did not discuss this matter. 

SCHOOL SNAPSHOT
King Middle School
Principal Janet Levenson and Counselor Jane Tran walked the Board and viewing audience through King’s student-led restorative justice process.

PUBLIC TESTIMONY
A total of eight people addressed the Board: 

·      Three comments in support of keeping OFFE at the sites.

·      Four comments in advocacy for increased compensation for educators.

·      One comment in opposition to cuts to the mechanic positions within the transportation department.

UNION COMMENTS
BCCE members in the transportation department spoke in opposition to proposed cuts to the mechanics’ FTE and explained that it would become more challenging to adequately conduct mechanical repairs and ongoing maintenance should these proposed cuts materialize. 

UBA President Janet Levenson thanked Superintendent Evans for his work and wished him a happy retirement. She also sent her positive thoughts to President Appel as she continues to recover. She went on to comment on the need for a system overhaul specifically in the HR department in order to best address the current teacher shortage across BUSD.  

BFT President Cathy Campbell ceded her time to BFT member Suzanne Wright who advocated for increased teacher compensation.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hariri presented the Superintendent with a thank-you card on behalf of BHS students and another one for President Appel wishing her a complete recovery. He expressed concern in response to the opposition voiced in public comment regarding cuts to mechanics.

Director Sinai thanked Principal Levenson for sharing a great snapshot of King Middle. She announced her appointment of BHS junior Rachel Pierce to the Peace and Justice Commission. She thanked the community for its advocacy around the Office of Family Engagement and Equity. She also thanked the King CDC TK parents for their communication around a shooting that took place in the community, and BUSD’s administration for their prompt responsiveness. She will hold office hour this Sunday at 151 Coffee from 3:30-5pm. 

Director Brown thanked all who came out tonight, specifically BCCE and BFT for their continued advocacy for adequate compensation. She shared and read aloud a resolution in support for full and adequate funding for public education.

Director Alper thanked Director Brown for her endorsement of the resolution in support of full funding. He went on to share that tonight the Board will initiate its discussions around budget reductions. He noted that BUSD’s need to identify up to $2 million in reductions coupled with the continued advocacy for sufficient employee compensation indicates the importance of applying pressure at the state level through active participation in Sacramento and by reaching out to state representatives to advocate for adequately funded schools.

Vice President Leyva-Cutler thanked Director Sinai for leading the workforce housing discussion earlier. She also thanked the community for its advocacy of the Office of Family Engagement and Equity (OFEE). She alerted the public to consent item 15.11 which calls for the implementation of the policy for the provision of free menstrual products, requesting that the products be of quality and vetted by the students who will be using them.

CONSENT CALENDAR

Motion to approve the Consent Calendar:
Hariri/Brown and unanimously approved 5-0. 

First Interim Report of Revenue and Expenditures in FY 2018-29 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)
Time allotted: 30 min
Actual time: 26 min 

Director of Public Relations Natasha Beery explained that the current BSEP measure provides about $30 million in funding for Berkeley schools and it is structured in the manner funds are disbursed across each of its intended purposes. Her presentation provided an overview on how BSEP funds interact with some of the items considered as part of budget reductions and in relation to the first interim budget report of revenue and expenditures of Measures E1 and A. Questions and comments followed.

First Reading of Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Unrestricted General Funding)
Allotted time: 60 min
Actual time: 62 min

Associate Superintendent Pasquale Scuderi and Assistant Superintendent of Business Services Pauline Follansbee presented a first reading of proposed reductions for 2019-20, noting that this was an opportunity for the Board to pose clarifying questions and request any additional information with the goal of identifying up to $2 million in solutions. A follow-up discussion will take place at the Feb 20 meeting in preparation for action on March 13. Questions and discussion followed.

Approval of REALM Notice of Violation
Assistant Superintendent Follansbee explained that BUSD is issuing a Notice of Violation to REALM due to fiscal mismanagement. She noted that this is the first step in the due process for revoking the charter. 

Motion to approve issuance of Notice of Violation to REALM:
Alper/Sinai and unanimously approved 5-0.

The board recessed to closed session 10:20PM.

 
13. Superintendent's Proposed Reductions for 2019-2020 Base Grant (Proposed Fees for After-School Transportation) - Action (10 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Board of Education
FROM:            Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            March 13, 2019
SUBJECT:      Superintendent’s Proposed Reductions for 2019-2020 Base Grant (Proposed Fees for After-School Transportation)

PURPOSE:
To 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:
Staff’s original proposal of $210 and $410 were based flat fees used for field trip rates. The $210 was a fat fee estimate for fuel, and driver wages for in town rates. The $410 was the flat fee estimate for four hour tip minimum for out-of town trips for fuel and driver wages. These estimates were daily rates used by staff to initiate the discussion of charging fees for after-school program.

As requested, staff provided an updated after school program list with number of buses used and students served for each program.

Staff also reviewed the daily rate charged to the District’s BEARS program which is a $75 daily rate, mileage at $3.25/mile and admin fee of $8.25 /hour. Staff also examined route sheets to determine the time and distance to accommodate additional stops for these programs.

A detailed examination of the route sheet from Malcolm X to San Pablo Park revealed it required an additional 7-10 minutes to accommodate the stop at San Pablo Park, which is a designated stop but did not have home to school students utilizing that stop.

Based on this review, staff prepared a cost estimate using BEARS rates based on 10 minutes per stop when using designated bus stops, and 15 minutes per stop when using a door to door stop., which includes the impact of traffic, the boarding and offloading time and the time to wait for students to be met. These rates were applied to each bus per program and yielded $63K for all programs and $43K when exempting after school providers that served more than 50% low income students.

An alternative pricing method of $1 per student per day would yield $178K exempting after school providers that served more than 50% low income students

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:
Analysis based on hourly rates
Analysis based on hourly rates (student based)
14. Superintendent's Proposed Reductions for 2019-2020 Base Grant - Action (30 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: March 13, 2019
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 to address the long term fiscal health of BUSD. On February 6, 2019, the Board engaged in a first reading of the Superintendent’s proposed reductions. On February 20, the board confirmed preliminary agreement on almost $1,163,000 of the total proposed $2,000,000. The Board also asked clarifying questions on the remaining reductions under consideration and additional questions to aid in their decision-making on the total proposed reductions this evening.

Tonight the Board will decide on the remaining balance of items originally proposed on Feb. 6 and take action on the total recommended reductions in the amount of $2,000,000.

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.

QUESTIONS FOR THE BOARD:

  1. What additional information do you need to make a decision on whether to approve/reject these reductions and priorities?

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: Summary of preliminary agreements and remaining decisions for ongoing reductions to the general fund totaling $2,000,000.



 
Attachments:
Group 1
Group 2
15. First Reading of Recommended Ongoing and One-Time Budget Proposals for 2019-2020 from Base Grant (Unrestricted General Funding) - Discussion (45 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: March 13 , 2019
SUBJECT: First Reading of Recommended Ongoing and One-Time Budget Proposals  for 2019-2020 from Base Grant (Unrestricted General Funding)

PURPOSE:
First reading with the Board on a list of proposals for ongoing and one-time funding from the general fund for 2019-2020.

BACKGROUND INFORMATION:
With the BUSD Board and staff in the midst of discussions on a proposed $2,000,000 in ongoing reductions to the general fund, the annual budget development cycle becomes more complex.

The Superintendent brings forward an annual list of current and competing priorities for funding through the base grant/general fund, and then seeks direction from the Board of Education for items on that list that the Board is in interested in funding, or not funding, for the subsequent school year.

These priorities are considered in two categories, those that represent ongoing commitments and expenditures, and those that are proposed for funding on a one-time or limited term basis.

With BUSD facing another $2,000,000 in ongoing general fund reductions for the 2019-2020 school year, following the approximately $1,800,000 reduced for 2018-2019, the amount of funding available for ongoing and one-time investments and expenditures beginning in 2019-2020 is minimal.

Nevertheless, the Superintendent is making a comparably small set of one-time and ongoing expenditures forward tonight for an initial review with decisions to be made at the March 13 Board meeting.

New Ongoing Expenditures Beginning in 2019-2020 ($123,500):

1. Increase Stipends for Athletic Coaches $50,000

Following a comparison study conducted by the Berkeley Athletic Fund, it was determined that in order to bring BHS Athletic Coaching stipends in line with the median for area high schools, increases for coaches and assistant coaches would need to grow by an overall total of between $70,000-$100,000 annually. Given the current constraints and proposed reductions to the general fund for 2019-2020 the Superintendent is recommending an increase of $50,000 to that stipend schedule which brings BHS stipends closer to the median.

2. Sanitary Products - $8,000-$10,000 ongoing + ($23,000-$30,000 one-time see item 8 below):

Staff plans to install dispensers in each female restroom at the middle and high schools as well as in 1 female restroom at each of the elementary schools.  Adding dispensers to gender neutral restrooms will cost more due to the variation in site decisions about the use of restrooms. This will exceed the State’s requirement as defined in AB10 which was enacted in January of 2018 as well as address the directions given by the BUSD Governing Board.  The one time startup cost of this is estimated to be $23,000 with an additional $8,000. per year based on 2019 dollars.

If the products should be sourced to be biodegradable, plastic-free, and free of animal testing the cost will be an additional $15,000 to $20,000 per year. Additionally, there are no dispensers for this type of product and this may lead to additional costs caused by pilferage and waste.  

An additional cost and service analysis will be conducted to discuss placement of products in gender-neutral restrooms available as well.

3. Emergency Supplies - $16,500:

Each BUSD school and worksite needs to have at least some basic emergency supplies; current inventories should be reviewed and refreshed, with an estimated cost of about $5,000 per site. The suggestion is to provide seed money for some basics by allocating $750 each for the 22 containers that sites can allocate to buying supplies. This amount will provide an ongoing source of funds ($16,500) for the many sites that have taken an active interest in improving disaster response supplies. Each year sites can add to the cache, and may also add through their own funding sources and initiatives.

4a. Estimated Ongoing Costs Associated with Administrative Systems Upgrades (see item 4b below). - $47,000:

Upgrading the District’s administrative systems will facilitate improved workflow and processes in Human Resources, Payroll, Benefits, Position Control, Fiscal Services, Special Education, Student Services, Admissions, Education Services, and Information Technology. Following the initial upgrade (projected to cost $85,000 see item 4b. below) an estimated $47k in ongoing licensing, maintenance, and operations costs are projected.

One-Time Expenditures for 2019-2020 ($225,000):

4b. Paperless HR System and Administrative Systems Upgrades - $85,000:

- $20K one time hard costs (of which $10K from Hillside)

- $65K implementation costs

- $47K ongoing costs (see ITEM 4a above)

The District has been discussing moving to reduce paper and use electronic data storage for several years. This work will eventually touch all departments in the district office: Human Resources, Payroll, Benefits, Position Control, Fiscal Services Special Education, Student Services, Admissions, Education Services, and Information Technology at the very least.

Here is a list of projects that have been discussed:

a) Onboarding of New Employees
Scope: turning roughly 50-60 pages of paper forms signed by each new employee into on online form, taking into account the varied needs for new employees based on job type.

During the 2017-2018 school year, HR staff visited and contacted districts currently employing paperless systems. Staff was especially focused on the transition from a paper system to a paperless onboarding one. In addition to contacting other school districts, HR and Technology staff attended various workshops to review the different paperless onboarding systems available. Estimated one-time hard costs of $10,000 (paid by Hillside funds) and $12,000 ongoing, plus one-time personnel to implement. The current system being tested will require additional one-time investment of $10,000 to fully implement.

b) Personnel Requisitions (PR): When a school or department has a vacant position, they start the hiring process by filling out a PR with details about the position including its budget code and Position Control Number.  Three systems are being evaluated with ongoing costs of $10,000 and one-time implementation costs of $20,000.

c) Electronic Timesheets:

The number of timesheets (staff working extra hours, Adult and Independent Study teachers, stipends, etc) has increased significantly during the past decade. In order to pay staff accurately and timely, the district is investigating electronic timesheet systems.

Estimated one-time hard costs of $10,000 and $25,000 ongoing, plus one-time of $30,000 to implement.

d) Parent and Emergency Card information: Parents are routinely asked to fill out by hand similar information at least twice during the enrollment process. Rolled out to Berkeley High this fall, Middle and elementary school this spring.  No ongoing cost.

5. EXPLORATION OF AUGMENTED SPECIAL EDUCATION  DELIVERY MODEL ($30,000):

While the District is considering longer-term capacity increases in Special Education (see proposed Assistant Director or Coordinator position below) as well as increased special education teacher staffing, the District has an immediate need to explore ways in which we might make more immediate service delivery and program changes. Changes that can potentially aid with the current and pronounced challenge of maintaining high-levels of support to students with special needs while at the same time containing the sustained and impactful increases in special education program costs the district has experienced over the past few years.

6. DEMOGRAPHIC AND ENROLLMENT STUDY 10-YEAR PLAN ($20,000):

The study will provide projected multi-year pupil enrollments based on different assumptions about the future. This process includes the community, and the governing authority of such being analyzed and engaged to identify changing factors. In addition to the community, the individual neighborhoods are equally analyzed. Some of the demographic features that are studied are the population structure, size, geographic distribution and composition. Additionally other factors such as new and planned development are considered as well. This student demographic study would permit the District to better plan for any student enrollment changes.  

7. POLLING COSTS - $90,000:

The Bond and Maintenance Tax expires in 2022 and could go before the voters in 2020.  A Measure planning committee is reviewing options for the bond and tax, and is also considering issues related to the timing of these measures and other measures which might be on the ballot in 2019, 2020 or 2022.  As with the BSEP Measure of 2016, it will require significant staff time, planning and public process in order to construct a tax measure which meets the needs of our students while continuing to receive the support of Berkeley voters. It will be necessary to engage the services of an independent polling firm to conduct focus groups, survey and telephone polling, possibly as early as the spring of 2019. The anticipated cost is $50,000 for polling/focus groups and research stipends, and $40,000 for contract work. The Superintendent is recommending that these costs be funded through the base grant of the general fund. There may be additional needs for further polls and contract work for research, synthesis of input, and writing will be needed to summarize extensive stakeholder and staff process and input. This estimate is preliminary.

8. Sanitary Products - $23,000-$30,000 one-time implementation costs + $8,000-$10,000 ongoing (see item #2 above in ongoing funding section):

Staff plans to install dispensers in each female restroom at the middle and high schools as well as in 1 female restroom at each of the elementary schools.  Adding dispensers to gender neutral restrooms will cost more due to the variation in site decisions about the use of restrooms. This will exceed the State’s requirement as defined in AB10 which was enacted in January of 2018 as well as address the directions given by the BUSD Governing Board.  The one time startup cost of this is estimated to be $23,000 with an additional $8,000. per year based on 2019 dollars.

These are the proposed one-time start-up costs associated with the ongoing costs proposed in item #2 above).

Ongoing Expenditures not Proposed but Representing Long Term Needs and Considerations:

9. Assistant Director or Coordinator for Special Education Systems $125,000-$150,000:

In a December 2017 report to the Board about Special Education Services in BUSD, Strategic Planning LLC, among other recommendations, suggested the hiring of an Assistant Director, or a similarly situated administrative position to support the work of the Director. Dr. Gillaspie's December 2017 report recommended that an Assistant Director was an essential component to supporting the reorganization and change process of the Special Education Department.

This suggestion was based on the observation that “the present director of special education has found that the department is not organized in a manner that allows the director to work on conceptual planning and organizational procedural policy development.” That situation has changed substantially since the December report and the current Executive Director continues to be deeply immersed in the everyday responsibilities of running the department and providing direct support to the schools sites, parents, teachers, other agencies, and a sustained high volume of legal proceedings.  These legal proceedings can include resolution sessions, mediations, and Due Process Hearings at the Office of Administrative Hearings (OAH). Additionally, settlement agreements approved by the Board of Education require detailed compliance monitoring at the various levels of the district departments i.e. Special Education, Transportation, and Business Department. Moreover, settlement agreements also require interfacing with responsible outside vendors, agencies, and legal counsels. The current model and work volume still leaves minimal time for the director to work on development of systems, policies and procedures because of her heavy workload. The support of an assistant director would be beneficial to the organization and potentially create efficiencies and clarity that would reduce ongoing legal, settlement, and service costs.

10. Instructional Materials Increase $40k Ongoing:

The District’s instructional materials budget has not seen a significant increase in the past 10 years while the annual costs of instructional materials have risen. BUSD, like most districts, receives its instructional materials monies from both restricted Lottery funds (allocated based on ADA), and Tier III Instructional Materials. Those funds currently constitute a budget of approximately $681,000 annually, to buy, replace, adopt, or maintain instructional materials at all BUSD school sites K-12. Lottery funds for 18-19 account for $517K of that total with Tier III representing $164K. Current cost projections for 19-20 preliminarily show us to be $9K over budget.    

11. Tech Budget impacted by increasing costs $20,000:

Providing the base services to schools through the systems that run mission-critical district systems has increased over the past five years with no increase to the budget that provides that service. To pay for the increases, money has been subtracted from the Tech department’s discretionary budget, which has been decreased by over 60% to $27,000, decreasing flexibility to maintain or improve systems. Increases in the QSS Contract as we move to the Linux version, support for our phone system (partially offset by reducing costs by moving to a VOIP system), and increases in other costs. Staff is requesting $20,000 in ongoing costs.

12. Section 504 Plan Coordinator $125-$130K:

A Section 504 Coordinator (1.0 FTE) would help  ensure compliance with Section 504 plans and improve how we we respond to and assess students relative to requests. As of January 1, 2009, the American with Disabilities Act of 2008 expanded the scope of disabilities under the ADA and Section 504 of the Rehabilitation Act of 1973, as well as protections to employees and students.  

BHS has long depended on a variety of counseling and district resources to maintain and monitor section 504 plans. Training and professional development of site personnel and more centralized district monitoring and management is needed to improve evaluation and assessment related to 504 requests, calibrate district-wide around accommodations and modifications within Section 504 plans, etc,

A coordinator would also help examine and address the equity issues related to Section 504 Plans.

13. 7th period-day for Middle Schools  Approximately $1,000,000 per year:

Beginning this year, two significant changes in scheduling and program structure have occurred; namely, the increase of preparation and planning time for teachers in grades 1 through 3 as well as the universal 9th grade program at Berkeley High School. Those program changes, at annual added costs of approximately $1,000,000 and $600,000 respectively to the general fund represent substantial structural and scheduling changes both at K-5 and Berkeley High School. In contemplating a comparable programmatic upgrade with principals at the middle school level, a 7-period day would allow for both the expansion of elective, intervention, and support opportunities for students within the school day. A 7-period day would allow for on-track students to expand their elective choices while allowing struggling students to maintain their elective choices while also accessing academic or social/emotional support classes during the school day where research shows those supports to be most effective.

14. HR GENERALIST $115k-$125K:

The HR Generalist will focus on transactional and administrative duties to increase the efficiency of customer service delivery.  A Generalist assists senior management by providing human resources services including talent acquisition, employment processing, compensation management, training and development and records management.  In addition, develops human resources solutions by collecting and analyzing information and recommending courses of action. This includes organizational data maintenance, leveraging knowledge base to troubleshoot and resolve a variety of system challenges, conducting regular audits and reconciling data to ensure accuracy and compliance, leveraging workflow tools, and collaborating with other departments to establish sound operational systems and procedures.  The position prepares reports by collecting, analyzing and summarizing data and trends. The Generalist also ensures compliance with federal, state and local legal requirements including STRS and PERS by studying existing and new legislation, anticipating legislation and enforcing adherence to requirements and advising management on needed actions.

15. Maintaining Chromebook/Computer Inventory District-Wide (Cost TBD):

A serious analysis before the Board involving both Educational Services and the Technology Department is warranted either in the spring or fall of 2019. As the District has increased the inventory of devices for students over the past few years, the long term maintenance of those devices and the costs attached to doing will mean significant resource considerations moving forward.

QUESTIONS FOR THE BOARD:

  1. What additional questions do you have about the proposed ongoing expenditures?

  2. What additional questions do you have about the proposed one-time and limited term proposals?

NEXT STEPS:

Receive additional questions from the Board in order to refine or amend the proposals for the March 27 meeting.

FISCAL IMPACT:
Budget Priorities total $141,500 for on-going expenditures and $238,000 for one-time expenditures to be paid from Base Grant Funding, and $10,000 to be paid from Other Funding Source.  Long term needs total $1.5 million.




 
16. Certification of Second Interim Report for the Period Ending January 31, 2019 - Action (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Donald Evans, Ed., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            March 13, 2019
SUBJECT:      Certification of Second Interim Report for the Period Ending January 31, 2019

Staff has prepared the Second Interim report in compliance with Education Code EC 42131(a)(1) requirements and AB1200.  The Second Interim Report covers the reporting period ending January 31, 2019.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period to determine whether or not the district is able to meet its financial obligations. The following certifications may be assigned:

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

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

Staff prepared the Second Interim Report, along with assumptions using the School Services of California, Inc. Dartboard, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.  The Second Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

  1. Assumptions
  2. Variance Report
  3. Comparative Reports
  4. District certification of Second Interim Report
  5. Form 01 – General Fund on Restricted and Unrestricted formats
  6. Form 11–67 for all other District funds
  7. Form A – Average Daily Attendance
  8. Form Cash—Cash Flow
  9. General Fund Multi-year Projection using the MYP software (under separate cover)
  10. Criteria and Standards

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

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

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

 

 



 
Attachments:
2018-19 Second Interim Budget
17. Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Federation of Teachers (BFT)- Action (5 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources  
DATE:         March 13, 2019
SUBJECT:   Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Federation of Teachers (BFT)

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations.  As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted.  The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Berkeley Federation of Teachers (BFT) and the District for a successor agreement between the District and BFT for the collective bargaining agreement expiring June 30, 2019.  This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

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

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.



 
Attachments:
BFT’s Initial Proposal to District for a Successor Agreement
District’s Initial Proposal to BFT for a Successor Agreement
18. Approval of Revisions to BP 6173: Education for Homeless Students - Action (5 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: School Board
FROM: Board Policy Subcommittee
DATE: March 13, 2019
SUBJECT:   Approval of Revisions to BP 6173: Education for Homeless Students 

BACKGROUND INFORMATION:
On February 7 and February 21, the Board Policy Subcommittee reviewed and discussed revisions to BP 6173 The proposed revisions are in response to compliance requirements set by the Federal Program Monitoring (FPM). In order to meet FPM’s deadline, these policies are being presented for action in accordance with Board Bylaw 9310 which allows the Board to waive a second reading of a policy upon a ? vote.

RECOMMENDATION:
Approve revisions to BP 6173.


 
Attachments:
BP 6173 (CLEAN VERSION)
BP 6173 (REDLINED)
19. Approval of Revisions to BP 6174: Education for English Learners - Action (5 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: School Board
FROM: Board Policy Subcommittee
DATE: March 13, 2019
SUBJECT:   Approval of Revisions to BP 6174: Education for English Learners

BACKGROUND INFORMATION:
On February 7 and February 21, the Board Policy Subcommittee reviewed and discussed revisions to BP  6174. The proposed revisions are in response to compliance requirements set by the Federal Program Monitoring (FPM). In order to meet FPM’s deadline, these policies are being presented for action in accordance with Board Bylaw 9310 which allows the Board to waive a second reading of a policy upon a 2/3 vote.

RECOMMENDATION:
Approve revisions to BP 6174.



 
Attachments:
BP 6174 (CLEAN VERSION)
BP 6174 (REDLINED)
20. Approval of Low Performing Students Block Grant - Action (5 min)
Quick Summary / Abstract:


Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:           Pasquale Scuderi, Associate Superintendent
DATE:            March 13, 2018
SUBJECT:     Low Performing Students Block Grant

PURPOSE:
Seeking board approval on two-year block grant expenditures of approximately $458,000.

BACKGROUND:
The Low-Performing Students Block Grant (LPSBG) provides state funds for local educational agencies (LEAs) serving students identified as low-performing on state English language arts or mathematics assessments (SBA), who are not otherwise identified for supplemental grant funding under the Local Control Funding Formula (LCFF), or eligible for special education services.

The LPSBG allocates $300 million for LEAs, including county offices of education, school districts, and charter schools (both directly and locally funded) for the benefit of identified students between fiscal years (FY) 2018–19 and FY 20-21. These funds are designated to address the persistent achievement gap in California’s public schools, and to provide resources and evidence-based practices to initiate and sustain authentic systemic change.

The California State Department of Education has allocated these funds for services that directly support pupil academic achievement, including, but not limited to, professional development activities for certificated staff, instructional materials, or additional supports for pupils.

The proposal before the Board tonight both initiates new services and allows the District, at a time where ongoing general fund expenditures are being reduced by $2,000,000, to maintain select professional development and student support activities that might otherwise have been reduced for at least another year. Additionally, some of the expenditures proposed for this block grant were initially slated to be covered on a one-time basis for the 19-20 school year from one-time carryover funding remaining from Measure A, the District’s local BSEP parcel tax measure that preceded the current Measure E1. By covering some of these expenses in this block grant, the District will preserve funding in Measure A that could potentially and partially sustain proposed ongoing general fund reductions in academic counseling and administrative staffing through the 20-21 school year. 

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve the attached expenditures for the Low-Performing Students Block Grant. 

NEXT STEPS:
Staff will finalize the allocation with CDE following Board approval.

FISCAL IMPACT
District will receive approximately  $458,000 for professional development and student support needs on a one-time basis through June of 2021. 

RELATED PAST BOARD ITEMS
N/A

ATTACHMENTS

See attached proposed budget for Low-Performing Students Block Grant for the 19-20 and 20-21 school year. 

 
Attachments:
Low Performing Students Block Grant
21. Information Items
21.1. Letter to the City of Berkeley Regarding Affordable Housing and Measure O Funds
Rationale:

See attached. 

 
Attachments:
Letter re Workforce Housing and Measure O Funds
21.2. P-1 School Average Daily Attendance and October Enrollment Summaries
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Donald Evans, Ed.D., Superintendent
FROM: Pauline Follansbee, Assistant Superintendent
DATE: March 13, 2019
SUBJECT: P-1 School Average Daily Attendance and October Enrollment Summaries

BACKGROUND INFORMATION:
The District submits three attendance reports to the California Department of Education each year. The first attendance report is referred to as P-1 and includes average daily attendance (ADA) calculated from September to December.  The second attendance report is referred to as P-2 and includes ADA calculated from September to April. With the exception of Special Education ADA, the District receives it General Fund revenue based on P-2. The final attendance report is referred to as P-annual and includes ADA calculated until the end of the year.  The District receives its General Fund revenue for Special Education based on the P-annual.

Based on information provided from each school site and program, we are presenting a report on the P-1 reporting period and providing a comparison of the following information:

  • Current and prior year average daily attendance (ADA) for the P-1 attendance reporting period.

  • Current and prior year school enrollment reports as reported in October of each year.

The report reflects the variance between FY 2018-19 and FY 2017-18 for enrollment and ADA for General Education, Special Day Class (SDC), Independent Study (ISP) by school site, and Non-public School, Home and Hospital and Extended School Year (ESY).  

The analysis focuses on General Education Enrollment and ADA.  

Enrollment and Attendance Analysis

Enrollment increased from 2017-18 to 2018-19 by 54 students, with Berkeley High increasing by 80 and Willard increasing by 33. The largest decrease in enrollment was at King, where enrollment decreased by 28 students.

ADA increased by 78 students over last year. Our largest increases were at Berkeley High and Willard which are at 74 and 33 respectively. King ADA decreased by 25, which correlates to their enrollment decrease. Overall ADA enrollment percentage increased by .21%.   

POLICY/CODE:
Board Policy: 5113

FISCAL IMPACT:
Based on P-1 reporting numbers and October enrollment, the Second Interim Budget will reflect an unchanged ADA of 9,35 based on the overall year over year increase in enrollment of 2 students.

The District will evaluate attendance at P-2 and adjust as necessary.

STAFF RECOMMENDATION
Receive this October enrollment and P-1 average daily attendance summary reports for information. 


 
22. 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.

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

Published: March 8, 2019, 10:13 PM

The resubmit was successful.