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

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:       May 8, 2019
SUBJECT:      Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Dr. Donald Evans, Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent Educational Services
DATE:           May 8, 2019
SUBJECT:     Approval of Adoption of New BHS Spanish Textbooks

BACKGROUND INFORMATION:
The following textbooks were presented to the Board on April 24, 2019 for consideration and are now being recommended for adoption:   

EntreCulturas 1: Communicate, Explore and Connect Across Cultures (2017 and future editions)

Title, Author:

EntreCulturas 1: Communicate, Explore, and Connect Across Cultures (2017 edition) Authors: Ann Mar, Robert L. Davis, Maritza Sloan and George Watson-López

Description:

Berkeley High School Spanish teachers are recommending this textbook to be used in level one Spanish. The textbook currently being used, Realidades 1 was published in 2004. As you can imagine, this textbook is quite outdated and methodology for teaching language has changed a great deal in the last fifteen years. The new text we are hoping to adopt, is aligned with the ACTFL (American Council on the Teaching of Foreign Language) standards as well as the new California State standards for the teaching of World Languages. An electronic text and other resources are available online for students and are updated regularly. It also includes authentic resources for teachers to include in their instruction.

EntreCulturas 2: Communicate, Explore and Connect Across Cultures (2017 and future editions)

Title, Author:

EntreCulturas 2: Communicate, Explore, and Connect Across Cultures (2017 edition) Authors: Catherine Schwenkler, Megan Cory, Paulina Carrión

Description:

Berkeley High School Spanish teachers are recommending this textbook to be used in level two Spanish. The textbook currently being used, Realidades 2 was published in 2004. As you can imagine, this textbook is quite outdated and methodology for teaching language has changed a great deal in the last fifteen years. The new text we are hoping to adopt, is aligned with the ACTFL (American Council on the Teaching of Foreign Language) standards as well as the new California State standards for the teaching of World Languages. An electronic text and other resources are available online for students and are updated regularly. It also includes authentic resources for teachers to include in their instruction.

EntreCulturas 3: Communicate, Explore and Connect Across Cultures (2017 and future editions)

Title, Author:

EntreCulturas 3: Communicate, Explore, and Connect Across Cultures (2017 edition) Authors: Pamela Garcia, Jennifer Cornell, Deborah Espitia, Isabel Vazquez Gil

Description:

Berkeley High School Spanish teachers are recommending this textbook to be used in level three Spanish. The textbook currently being used, Realidades 3 was published in 2004. As you can imagine, this textbook is quite outdated and methodology for teaching language has changed a great deal in the last fifteen years. The new text we are hoping to adopt, is aligned with the ACTFL (American Council on the Teaching of Foreign Language) standards as well as the new California State standards for the teaching of World Languages. An electronic text and other resources are available online for students and are updated regularly. It also includes authentic resources for teachers to include in their instruction.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$198,820.40

STAFF RECOMMENDATION:
Adopt the new texts for Berkeley High School Spanish 1-3 Curriculum.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        May 8, 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. Children’s Hospital & Research at Oakland to provide athletic training services to Berkeley High School for the period from 8/1/18 – 6/30/19. The cost will not exceed $13,750. To be paid from General Fund. Requested by Erin Schweng.
2. Increase in contract amount, PO#191176, to City of Berkeley Police Department to provide security services for Berkeley High School for the remainder of 2018/19SY. The original purchase order in the amount of $9950 was issued on 10/18/18. The additional amount requested is $6000 for a total amount of $15,950. To be paid by General Funds. Requested by James Wogan.
3. Increase in contract, PO#190257, to Fernando D. Caldera, dba Bay Area Tree Care, to provide additional tree care services for the remainder of the school year for the Maintenance Department. The Board approved $25,000 on 11/14/18. The additional amount will increase the cost by $10,000 for a total amount of $35,000. To be paid from Measure H. Requested by Steve Collins.
4. Increase in contract, PO#190651, to Michael’s Transportation, to provide transportation for BHS atheletics department. The Board approved $29,000 on 10/10/18. The additional amount will increase the cost by $12,336.47 for a total amount of $41,336.47. To be paid from General Fund. Requested by Erin Schweng.

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          May 8, 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 donation has been presented to the District:

1. The family of the late Annette Walt, an artist and South-African refugee, donated a collection of artifacts including hand-woven wall hangings, hand-made figurines, and carved wooden animals to the African-American Studies Department at BHS. There is no monetary value attached to the items.  

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

POLICY/CODE:
BP 3290

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Jan Hamilton, Director, Special Education
DATE:           May 8, 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.

$147,550.00 for BUSD 1:1 behavior therapy support was approved in 10/10/18 Board meeting, item# 12.9. We are adding $100,000.00 for 6 additional students, which brings the total amount of the contract to $247,550.00

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $100,000.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         May 8, 2019
SUBJECT: Approval of Payroll Warrants Issued in March 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 March 2019.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,672,313.63, for March 2019 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in March 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed. D., Superintendent
FROM:          John Calise, Executive Director, Facilities
DATE:           May 8, 2019
SUBJECT:    Approve Appointment to the Citizens’ Construction Oversight Committee

BACKGROUND INFORMATION: 
On November 2, 2010, the Berkeley Unified School District passed Measure I, a school bond that is governed by Proposition 39. One of the requirements of Proposition 39 is that the Board of Education must appoint a Citizens’ Oversight Committee within 60 days of posting election results in its meeting minutes.

The Board of Education has approved a set of Bylaws that guide the operations of the Citizens’ Construction Oversight Committee also known as the Construction Bond Oversight Committee (CBOC).  

Our current CBOC was appointed September 27, 2017.  We currently had one member resign and we are filling the vacancy. We are recommending one new member in the following category. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Donald Evans, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:             May 8, 2019
SUBJECT:      Approval o Resolution 19-031 to Enter into a Contract with Artnz Builders, Inc. as a General Contractor for the West Campus Capacity Project 

BACKGROUND INFORMATION: 
A decision was made on January 11, 2017 the Board approved to provide upgrades to the West Campus Capacity site to house elementary students. On April 16th, BUSD received two bids.  The basis of award is the Total Bid Price: sum of the base bid.  The bid tabulation is as follows:

The bids included one alternate.  Alternate 1, will include removal and installation of a new door frame.

FISCAL IMPACT:
Cost of award by this action: $5,538,000 to be paid from Measure I bond funds.  This cost is contained within the overall West Campus Capacity Budget.  

RECOMMENDATION:
Award a contract for construction to Arntz Builders, Inc. for the West Campus Capacity Project and approve Resolution 19-031.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D, Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:        May 8, 2019
SUBJECT:  Approve Resolution No. 19-032 to enter into an Energy Service Contract with Syserco Inc. for the heating controls project at three sites and covered under Proposition 39

BACKGROUND INFORMATION:
The District has an Energy Efficiency Expenditure Plan approved by the California

Energy Commission. Projects proving energy efficiency has been identified at the

Adult School, King Middle School, Berkeley High School D&E Buildings that includes the replacement of the heating controls. In accordance with Government Code 4217.10 et. seq. BUSD may enter into an energy service contract to construct energy efficiency projects when the cost of the work is less than the anticipated marginal cost to the District of the energy that would have been consumed without the project. The procedures under Government Code 4217.10 et. seq. allows the District to utilize a Request for Proposal and price/qualifications selection process for a design-build Contractor.

POLICY/CODE:
Government Code Section 4217

FISCAL IMPACT:
The total cost is $441,185.  All costs are contained within the Clean Energy, Proposition 39 allocation and through a project contribution of the Measure H Maintenance Tax.

Prop 39 Allocation                  $ 248,185

Measure H Contribution         $ 193,000

STAFF RECOMMENDATION:
Approve Resolution No. 19-032

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:        May 8, 2019
SUBJECT:  Approval of Resolution 19-033 to Enter Into an Energy Service Contract with Schneider Electric for the Equipment Replacement at the BHS Jacket Pool as Covered Under Proposition 39

BACKGROUND INFORMATION:
The District has an Energy Efficiency Expenditure Plan approved by the California Energy Commission. Projects proving energy efficiency have been identified at the BHS Jacket Pool including the replacement of critical operating equipment.

In accordance with Government Code 4217.10 et. seq. BUSD may enter into an energy service contract to construct energy efficiency projects when the cost of the work is less than the anticipated marginal cost to the District of the energy that would have been consumed without the project. The procedures under
Government Code 4217.10 et. seq. allows the District to utilize a Request for Proposal and price/qualifications selection process for a design-build Contractor.

POLICY/CODE:
Government Code Section 4217

FISCAL IMPACT:
All costs are contained within the Clean Energy, Proposition 39 allocation. The total cost is $552,000.   

STAFF RECOMMENDATION:
Approve Resolution No. 19-033

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities    
DATE:             May 8, 2019
SUBJECT:  Approve to Determine Multiple Projects are Categorically Exempt under CEQA and requesting Board approval to file the Notice of Exemptions.

BACKGROUND:
The following projects will each have a separate Notice of Exemption filed with the county:

1. Cragmont Cafeteria Upgrades; and,
2. John Muir Cafeteria Upgrades

This will satisfy environmental review requirements under CEQA.  Once the projects are determined to be exempt, the projects will no longer be subject to either the procedural or substantive requirements of CEQA, and construction of the projects can begin when the design, permitting and bidding is complete.  Upon Board approval, staff will file the Notice of Exemptions with the Alameda County Clerk.

Cost of this action: $100 to be Paid from Measure I Bond Funds. All costs are contained within the Measure I Budget.

RECOMMENDATION:
Determine Multiple Projects are Categorically Exempt under CEQA and approve the filing of Notice of Completions under CEQA.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:    School Board
FROM: Director Ty Alper
DATE: May 8, 2019
SUBJECT: Approval of Resolution 19-034 in Support of Assembly Bill 276

For the reasons articulated therein, I am proposing that the Board approve the attached resolution.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:     School Board
FROM:  Director Ty Alper
DATE: May 8, 2019
SUBJECT: Approval of Resolution 19-035 Calling for Climate Change Action to Protect Students and Their Families

For the reasons articulated therein, I am proposing that the Board approve the attached resolution.

BERKELEY PUBLIC SCHOOLS

Official Minutes

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:35 pm. 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 – Present
Julie Sinai, 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

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

Motion to approve agenda:
Alper/Brown and unanimously approved 5-0.

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

Conference with Legal Counsel—Anticipated Litigation (Government Code Section 54956.9(c)) One (1) Potential Case

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

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

Claim No. 16-087856
Motion to approve staff recommendation:
Alper/Brown and approved 4-0.

Case No. 2018100524
Motion to approve staff recommendation:
Leyva-Cutler/Sinai and approved 4-0.

Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)

Motion to approve staff recommendation:
Alper/Leyva-Cutler and approved 4-0.

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

BCCE ,BFT and UBA
The Board heard an update and gave direction to staff; no action taken.

Public Employment (Government Code Section 54957) Title: Superintendent
The Board heard an update on the superintendent search.

PUBLIC TESTIMONY
A total of 18 people addressed the Board:

Eight comments in support of increased teacher compensation. 

Two comment in opposition to cuts to the transportation department.   

Three comments in advocacy for increased stipend to athletics’ coaches

One comment thanking the Board for implementing the provision of menstrual products and suggesting that the products supplied are cost effective. 

One comment in opposition to after-school transportation fees.

One comment in support of students with disabilities and special needs. 

One comment in advocacy of welcoming schools for gender fluid and non binary students. 

One comment regarding complaint process. 

UNION COMMENTS

BCCE President Linette Robinson commented in support of increased employee compensation and in opposition to cuts impacting classified staff. 

BFT President Cathy Campbell commented in support of increased compensation in order to keep our teachers here; she also advocated In support of implementing a full inclusion model.

PTA council representative expressed support of increased compensation for teachers and staff. She also shared some comments on behalf of the committee.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Hariri thanked all the teachers for coming out tonight, especially his own teachers for the great impact they’ve had on his life. 

Director Alper announced his appointment of Auden Friedman and Malika Hari to the Youth Commission. He remarked that as BUSD embarks on negotiations, the district recognizes that teachers are underpaid and schools are underfunded. He noted that every 1% raise translates to $1 million.

Vice President Leyva-Cutler thanked all who came out. She shared that she went to Sacramento and witnessed as our legislators advocated loudly on our behalf. She encouraged the community to take every opportunity possible to make our voices heard. She concluded by thanking BHS student Rachel Alper for her comments on making menstrual products accessible to students and affordable to the district.

Director Sinai thanked Oxford for its presentation and BUSD teachers for their continued advocacy. She stated that because increased compensation is a shared goal, the process by which we reach it should also be one of collaboration. As the district looks into a fair compensation package, she added, it is also looking into providing employee housing to address one of the most pressing issues that may not be immediately alleviated with just a raise. To learn more about these efforts, she invited the public to attend a housing commission meeting on April 4. 

Director Brown thanked all who sacrificed family time to be here tonight. She announced that she will hold office hours every fourth Wednesday of the month at 8:30am at Zazzi Foods. She closed by acknowledging the voices of all of the educators who have spoken before the Board.

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

Superintendent’s Propose Reductions for 2019-2020 Base Grant (Proposed Fees for After-School Transportation) Action
Allotted time: 5 min
Actual time: 17 min 

Motion to approve proposed fees for after-school transportation of up to $100,000, exempting programs who serve more than 50% of low-income students; and with the direction that staff come back with a formula for calculating and determining transportation fees:

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

Superintendent’s Proposed Reductions for 2019-2020 Base Grant – Action
Allotted time: 30 min
Actual time: 17 min 

Associate Superintendent Pasquale Scuderi and Assistant Superintendent of Business Pauline Follansbee presented a third reiteration of the Superintendent’s proposed reductions for 2019-2020, noting that this was part of the process of identifying up to $2 million in solutions. On Feb 6 the Board came to a preliminary agreement of just over $1.1 million in reductions, and on Feb 20 an additional $700,000 was approved. Tonight’s items total $184,000 and include reductions to the transportation department and to the conference travel budget. 

Alper moved to approve reduction to the mechanics; motion failed on a 1-4 vote:
Judy Appel, President – Excused      
Beatriz Leyva-Cutler, Vice President – No
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – No
Julie Sinai, Director – No
Arvin Hariri, Student Director, BHS – No 

Leyva-Cutler suggested that the transportation department is closely monitored to accurately gauge the impact of potentially one less mechanic position.

With respect to travel, the Board agree to an additional $25,000 in reductions.

Alper proposed an additional $10,000 in reductions from the waste disposal line item. He also proposed a look into updating rental fees for district facilities which would go into effect in January of 2020. 

In total, there was consensus among the Board for a total of $135,000 in solutions.

First Reading of Recommended Ongoing and One-Time Budget Proposals for 2019-20 from Base Grant (Unrestricted General Fund) - Discussion
Allotted time: 30 min
Actual time: 21 min

Associate Superintendent Pasquale Scuderi and Assistant Superintendent of Business Pauline Follansbee presented a list of proposed ongoing expenditures totaling $123,500 which included increased stipends for athletic coaches, provisions of sanitary products, supplying emergency supplies to school sites, and ongoing estimated costs related to administrative systems upgrades. The proposal also accounts for one-time expenditures totaling $255,000, including start up costs associated with provision of sanitary products, admin systems upgrades, exploration of alternative special education delivery models, demographic enrollment study, and polling and measure planning. Questions and discussion followed. 

Director Alper asked Board members to direct any concerns with proposed items to the Superintendent.

Certification of Second Interim Report for the Period Ending January 31, 2019—Action
Allotted time: 15 min
Actual time: 14 min 

Assistant Superintendent of Business Services Follansbee presented the second interim report highlighting multi-year projections, changes since First Interim, 2018-19 revenues and expenditures, and next steps. She noted that BUSD met its state required 3% reserve, increased its contribution to sped program in the amount of $.8 million, and has an increased ending fund balance by $.5 million since First Interim.

Motion to approve the certification of Second Interim report fro the period ending January 31, 2019:
Brown/Leyva-Cutler and approved 5-0.

Public Hearing on Initial Proposals for Successor Agreement Between the District and the Berkeley Federation of Teachers (BFT) – Action
Allotted time: 15 min
Actual time: 2 min

Vice President Leyva-Cutler opened public hearing at 10:54pm. No one came forward. Leyva Cutler closed public hearing at at 10:54pm.

Motion to approve:
Sinai/Alper and unanimously approved 5-0.  

Alper moved to extend open session until 11:10pm. Leyva-Cutler seconded motion. Motion carried with a 5-0 vote.

Approval of Revisions to BP 6173: Education for Homeless Students
Alper explained that revisions to BP 6173 were in response to Federal Program Monitoring (FPM) requirements. He noted that changes are not substantive and do not impact the education of homeless students.

Motion to approve revisions to BP 6173:
Leyva-Cutler/Hariri and approved 5-0.

Approval of Revision to BP 6174: Education for English Learners
Alper explained that revisions to BP 6174 were in response to Federal Program Monitoring (FPM) requirements. He noted that changes are not substantive and do not impact the education of English learners.

Motion to approve revision to BP 6174:
Alper/Sinai and approved 5-0.

Approval of Low Performing School Block Grant
Associate Superintendent Scuderi explained that the Low Performing School Block Grant is a state funded grant for students who did not perform well in state assessments. The allocation for BUSD is approximately $400,000. The plan is to use it for two years thereby creating some relief in LCAP and Measure H funds.

Motion to approve:
Leyva-Cutler/Brown and approved 5-0. 

ADJOURNMENT 10:57PM

BERKELEY PUBLIC SCHOOLS

Official Minutes

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 6pm.

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 by phone
Arvin Hariri, Student Director, BHS – Excused
Oneida Abrams, Student Director, BTA -- Absent 

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

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
Motion to approve agenda:
Alper/Brown and unanimously approve 4-0. 

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

Consideration of Student Expulsion (Ed Code Section 48918(c))
Motion to impose one-day suspension, suspend the enforced expulsion order, and expunge expulsion record:
Alper/Leyva-Cutler and approved 4-0. 

Consideration of Student Expulsion (Ed Code Section 48918(c))
Motion to approve agreement and defer expulsion proceedings:
Alper/Brown and approved 4-0.

Parent/Student Challenge to Content of Pupil Records (Ed Code Section 49070 (c))
This matter was tabled for a future meeting. 

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

Berkeley Council of Classified Employees (BCCE)
Berkeley Federation of Teachers (BFT)
Union of Berkeley Administrators (UBA)

The Board heard an update on all three unions and gave direction; no action was taken.

Public Employment (Government Code Section 54957)
Title: Superintendent
The Board did not discuss this item. 

PUBLIC TESTIMONY
One person addressed the Board:

One comment in support of a long-term plan for RV parking location for BUSD families. 

UNION COMMENTS
BFT President Campbell ceded her time to BFT member who shared the financial challenges teachers currently face as a result of inadequate compensation.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Vice President Leyva-Cutler congratulated staff and students for a successful Black History Oratorical Fest. She will hold office hours on Monday, April 8. She reminded teachers that the deadline for submissions for the Chavez-Huerta essay contest is April 1.

Director Brown shared that it was an honor to participate as a judge at the oratorical fest and was impressed by the brilliance of our students.

Superintendent Evans congratulated all the students who participated n the oratorical fest.

Director Sinai also expressed feeling impressed by the talented BUSD student participants. She announced that she will be cancelling April office hours. 

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Brown and unanimously approved 4-0. 

Approve Revisions to E 0460 – Parent Advisory Committee Bylaws – Action (5 min)
Director Alper explained that the proposed revision adjusts the quorum role and makes it consistent with current practices. This is being presented for action at its first reading:

Motion to approved revisions to E 0460:
Alper/Sinai and n approved 4-0. 

Update on BUSD’s Summer School – Discussion
Allotted time: 30min
Actual time: 32 min

After School Program Supervisor Aaron Jorgensen presented plans for summer school 2019. He reported that since the creation of the extended learning taskforce in February of 2018, the program has received additional consultant support. As a result, a Summer School Design team comprised by teachers, instructional aids, office of family engagement and equity liaisons, and BEARS staff was formed. His presentation provided an overview of the progress that has been made to date. Moving forward, the plan is to evaluate staff, students and teachers, and to continue working towards improving coordination with the special education department. Questions and discussion followed.

Overnight Stays for BUSD Families Living in Recreational Vehicles on BUSD Property – Discussion
Allotted time: 20 min
Actual time: 8 min 

Superintendent Evans explained that the purpose of this discussion is to get direction from the Board relative to how to proceed with exploring ways to support BUSD families living in recreational vehicles while addressing the associated logistical, legal and operational implications. Questions and discussion followed. 

There was consensus among the Board to partner with the City to arrive at a solution. 

Public Hearing for Initial Proposals for Successor Agreement Between the District and Union of Berkeley Administrators (UBA) – Action

Allotted time: 5 min
Actual time: 1 min

Vice President Leyva-Cutler opened public hearing at 8:40PM; no one came forward. Leyva-Cutler closed public hearing at 8:40PM.

Motion to approve initial proposals for successor agreement between BUSD and UBA :
Alper/Brown and approved 4-0.

ADJOURNMENT
8:40PM

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D
FROM:             Pasquale Scuderi , Associate Superintendent
PRESENTERS:  Pasquale Scuderi, Associate Superintendent
Lina Andersen, Teacher on Special Assignment
DATE:              May 8, 2019
SUBJECT:         Local Control Accountability Plan (LCAP) Plan for Supplemental Budget in 2019-2020

PURPOSE:
Second Reading and Approval  of LCAP Supplemental Plan for 2019-2020 

BACKGROUND:
The Local Control and Accountability Plan (LCAP) is intended to be a planning and accountability tool for California school districts. Supplemental funding from LCAP provides for actions, services, and expenditures that are intended to improve outcomes for students who meet the criteria of qualifying for free and reduced meals, who are in foster care, or who are designated as English language learners.

On April 24, the Board received a first-reading of proposed expenditures for LCAP Supplemental funding for the 2019-2020 school year and tonight seeks approval of the supplemental budget attached.

Attached to this memo is the proposed budget for ongoing expenditures from LCAP Supplemental funds for school year 2019-2020. An additional attachment summarizes proposed modifications, eliminations, and new services, as well as an initial and prioritized list of items identified for one-time funding in 2019-2020 using a projected and preliminary estimate of $240k in one-time carryover funding.

The proposals for ongoing and one-time expenditures have been discussed at multiple meetings of the Educators Advisory Committee (EAC), the Parent Advisory Committee (PAC), as well as with K-8 Principals and the Educational Services team.

Elsewhere, as a result of the complexities involved with the broader budget reductions of $2,000,000 from the ongoing general fund beginning in 2019-2020, select proposals were discussed with both the Superintendent’s Budget Advisory Committee (SBAC) as well as the BSEP Planning and Oversight Committee since some general fund expenditures have been proposed to move into LCAP for the year. 

EARLY APPROVAL
In accordance with Board Policy 0460, staff may bring non-controversial employee positions, or a specific service or action, to the Board prior to final LCAP approval.

Staff tonight is requesting early approval of the following:

• Per previous discussions around the general fund, .50 FTE of the Principal of alternative programs moves into LCAP Supplemental.
• Per previous discussions, 1.0 FTE McKinney Vento Counselor for Homeless Services moves from the general fund to LCAP supplemental.
• Approve increase of current K-8 Coordinator of School-Based Services from .50 FTE to .80 FTE (BREA) funding will round position out to 1.0 TSA to focus on: Climate and culture issues at K-5 along with Toolbox, Welcoming Schools, Positive Behavioral Interventions and Supports (PBIS), and to serve as the K-5 lead on restorative practices.
• Approve modification of 1.0 Student Welfare and Attendance Coordinator with the African-American Success Project to a 1.0 FTE certificated teacher who will be stationed, along with the project manager, exclusively at Longfellow Middle School for SY 2019-2020

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve the LCAP Supplemental Budget and positions recommended for early approval.

NEXT STEPS:

• 5/22- Present Board with Draft of Overall LCAP and Executive Summary

FISCAL IMPACT:
$5,531,719 in funding from LCAP Supplemental Funds for 2019-2020

$240,000 in one-time funding from LCAP Supplemental Carryover for 2019-2020

ATTACHMENTS:

• ProposedLCAP Supplemental Budget for 2019-2020
• PAC/EAC NOTES (includes summary of proposed changes and details on proposed one-time expenditures for 2019-2020.

This public hearing will begin no earlier than 9:00pm and may begin after 9:00pm.  The Public Hearing will adhere to the following procedure:

(a)        Public Comment (limited to 10 minutes with 2 minutes per speaker. Time allotted can be reduced to 1 minute at the discretion of the president)

(b)       District status update on the Request for Material Revision and Notice of Intent to Revoke and.

(c)        REALM will be provided ten (10) minutes in which to present prepared remarks to the Board, if it so chooses. 

(d)       The Board will be provided an opportunity to ask questions of staff and REALM.

(e)        Public Comment (limited to 10 minutes with 2 minutes per speaker. Time allotted can be reduced to 1 minute at the discretion of the president.) 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:                  Pauline Follansbee, Assistant Superintendent
PRESENTERS:    Pauline Follansbee, Assistant Superintendent
John R. Yeh, Burke, Williams & Sorensen
DATE:                  May 8, 2019
SUBJECT:              REALM Charter School Request for Material Revision; Notice of Intent to Revoke

PURPOSE:
To conduct a public hearing and take action to approve or deny REALM Charter School’s Request for Material Revision, and to conduct a public hearing on the notice of intent to revoke REALM’s charter.

BACKGROUND INFORMATION:
On February 6, 2019, the Board approved the issuance of a Notice of Violation (NOV) against REALM Charter School based on numerous instances of fiscal misconduct. REALM provided a response to the NOV on February 21, 2019, claiming that it had cured all instances of financial misconduct.  On March 12, 2019, REALM submitted a request for material revision to be taken over by Compass Charter Schools.

Request for Material Revision

REALM proposes to revise its charter as follows:

1)         REALM would be operated by Compass Charter Schools, a California Nonprofit Public Benefit Corporation operating charter schools in Fresno, Los Angeles and San Diego.

2)         REALM would be governed by the Compass Charter Schools governing board, which governs the other Compass charter schools.

3)         REALM would add an online program (which, according to REALM, already started this year), enrolling 100-122 students from 2019-2020 through 2023-2024.

4)         The “Executive Summary” contained on p. 6 of the Request for Material Revision states that “Compass is not bound by the Collective Bargaining Agreement between Berkeley Federation of Teachers and REALM.”

Relationship to Notice of Intent to Revoke:

REALM had an accounts payable balance as of April 9, 2019 of $1,251,742.  REALM was also delinquent in making contributions to the State Teachers’ Retirement System (STRS) for the months of November ($43,855.23) and December, 2018 ($44,267.37).REALM’s April 10, 2019 draft response to the Notice of Intent to Revoke states that “Compass will take on REALM’s debts upon merging.”  Moreover, an April 19, 2019 letter from REALM’s attorney states that “Compass stands ready to assume debt incurred by REALM in an amount of approximately $1.5 million and will further guarantee the long term financial stability of the Charter School.”  (April 19, 2019 letter, p. 2.)  According to REALM, to date, Compass has provided to REALM three (3) loans, in sums of $100,000, $250,000, and $250,000, and plans to provide a fourth loan of $250,000 should the material revision be approved. 

Neither REALM nor Compass has specified whether Compass would loan REALM the funds to pay off REALM’s debts, or whether Compass would pay those debts on REALM’s behalf without expectation of repayment.   REALM’s April 29, 2019 letter states that “Compass stands ready to assume debt incurred by REALM in an amount of approximately $1.5 million and will further guarantee the long-term financial stability of the Charter School.” (April 29, 2019 letter, p. 5.)  However, this statement repeats prior language without providing the additional clarification requested by the District as to whether REALM would be obligated to repay Compass.

Standards for Evaluating Request for Material Revision

A charter school seeking to make a material revision to its charter must submit a request to the governing board of the charter school’s authorizer. As set forth in Education Code section 47607(a):

(1) A charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board may be granted one or more subsequent renewals by that entity. Each renewal shall be for a period of five years. A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time.

(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. (Emphasis Provided.)

Therefore, the Board evaluates whether or not to approve a request for material revision under the standards and criteria set forth in Education Code section 47605 for whether or not to grant a petition to establish a charter school, or a request to renew a charter.  Education Code section 47605(b) sets forth the grounds upon which a board can deny a petition, renewal (and, by extension, a request for material revision):

The governing board of the school district shall not deny a petition for the establishment of a charter school [or material revision] unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:

(1)       The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.

(2)       The petitioners are demonstrably unlikely to successfully implement the

program set forth in the petition.

(3)       [Signature Requirement – Inapplicable to Material Revision.]

(4)       The petition does not contain an affirmation of each of the conditions

described in [Education Code section 47605], subdivision (d).

(5)       The petition does not contain reasonably comprehensive descriptions of all of the [required 15 elements set forth in Education Code section 47605.]

(6)       The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. [The Rodda Act, the law governing collective bargaining in the public school system.]

The 15 required elements under Education Code section 47605(b) that are implicated by the Request for Material Revision are as follows:

(A)(i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.

(ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.

(iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements.

(B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.

(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.

(D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.

Therefore, the Board would use the same standards and criteria for evaluating the request for material revision that it would for a petition to establish a charter school or renew a charter.

KEY QUESTIONS FOR THE BOARD:

(1)       Has REALM provided a reasonably comprehensive description of its non-classroom based program, including a description of curriculum, instructional materials, assessment measures and goals, and instructional strategies?

(2)       Has REALM exceeded the 20% threshold for instructional minutes for non-classroom based instruction to require a determination of funding from the State?

(3)       Did REALM’s addition of a non-classroom based program require an additional request for material revision of its current charter?

(4)       Has REALM satisfactorily addressed the issue of whether Compass will pay off REALM’s existing debts, and whether Compass will require repayment by REALM?

(5)       Are REALM’s enrollment projections for the next five years attainable?

(6)       Will meetings of the Compass Charter School board be sufficiently accessible to the REALM community, since the other charter schools operated by Compass are in Fresno, Los Angeles and San Diego?

(7)       Will Compass recognize the Berkeley Federation of Teachers as the exclusive representative of the Charter School’s certificated employees/teachers?

RECOMMENDATIONS FOR THE BOARD:
Conduct the public hearing on REALM’s Request for Material Revision and provide REALM an opportunity to answer the questions posed by the District regarding the Budget Summary, enrollment projections, and other components of the Request for Material Revision. 

If REALM provides information to satisfactorily answer the questions raised above, including but not limited to whether Compass will pay off REALM’s debts in full without compelling repayment, and further information regarding the curriculum, instructional materials, assessment measures and goals, and instructional strategies for its online program, then Staff recommends that the Board approve the Request for Material Revision.  If REALM fails to provide such information to the District’s satisfaction, then Staff recommends that the Board deny the Request for Material Revision.

Take action to approve or deny the material revision.  Conduct a public hearing on the Notice of Intent to Revoke the charter and provide direction if appropriate.

NEXT STEPS:
If necessary, the Board would take action on the Notice of Intent to Revoke on May 29, 2019.

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:

February 6, 2019- Action Item 18: Notice of Violation for REALM Charter Schools

September 26, 2018 – Action Item 16:  Notice of Violation for REALM Charter Schools

February 2, 2018 – Action Item 16:  Notice of Violation for REALM Charter Schools

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

ATTACHMENTS:
REALM Request for Material Revision, Budget Summary

BUSD April 26, 2019 letter to REALM

REALM April 29, 2019 response

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:                   Pauline Follansbee, Assistant Superintendent
PRESENTERS:     Pauline Follansbee, Assistant Superintendent
John R. Yeh, Burke, Williams & Sorensen
DATE:                  May 8, 2019
SUBJECT:             REALM Charter School Request for Material Revision; Notice of Intent to Revoke

PURPOSE:
To conduct a public hearing and take action to approve or deny REALM Charter School’s Request for Material Revision, and to conduct a public hearing on the notice of intent to revoke REALM’s charter.

BACKGROUND INFORMATION:
On February 6, 2019, the Board approved the issuance of a Notice of Violation (NOV) against REALM Charter School based on numerous instances of fiscal misconduct. REALM provided a response to the NOV on February 21, 2019, claiming that it had cured all instances of financial misconduct.  On March 12, 2019, REALM submitted a request for material revision to be taken over by Compass Charter Schools.

Request for Material Revision

REALM proposes to revise its charter as follows:

1)         REALM would be operated by Compass Charter Schools, a California Nonprofit Public Benefit Corporation operating charter schools in Fresno, Los Angeles and San Diego.

2)         REALM would be governed by the Compass Charter Schools governing board, which governs the other Compass charter schools.

3)         REALM would add an online program (which, according to REALM, already started this year), enrolling 100-122 students from 2019-2020 through 2023-2024.

4)         The “Executive Summary” contained on p. 6 of the Request for Material Revision states that “Compass is not bound by the Collective Bargaining Agreement between Berkeley Federation of Teachers and REALM.”

Relationship to Notice of Intent to Revoke:

REALM had an accounts payable balance as of April 9, 2019 of $1,251,742.  REALM was also delinquent in making contributions to the State Teachers’ Retirement System (STRS) for the months of November ($43,855.23) and December, 2018 ($44,267.37).REALM’s April 10, 2019 draft response to the Notice of Intent to Revoke states that “Compass will take on REALM’s debts upon merging.”  Moreover, an April 19, 2019 letter from REALM’s attorney states that “Compass stands ready to assume debt incurred by REALM in an amount of approximately $1.5 million and will further guarantee the long term financial stability of the Charter School.”  (April 19, 2019 letter, p. 2.)  According to REALM, to date, Compass has provided to REALM three (3) loans, in sums of $100,000, $250,000, and $250,000, and plans to provide a fourth loan of $250,000 should the material revision be approved. 

Neither REALM nor Compass has specified whether Compass would loan REALM the funds to pay off REALM’s debts, or whether Compass would pay those debts on REALM’s behalf without expectation of repayment.   REALM’s April 29, 2019 letter states that “Compass stands ready to assume debt incurred by REALM in an amount of approximately $1.5 million and will further guarantee the long-term financial stability of the Charter School.” (April 29, 2019 letter, p. 5.)  However, this statement repeats prior language without providing the additional clarification requested by the District as to whether REALM would be obligated to repay Compass.

Standards for Evaluating Request for Material Revision

A charter school seeking to make a material revision to its charter must submit a request to the governing board of the charter school’s authorizer. As set forth in Education Code section 47607(a):

(1) A charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board may be granted one or more subsequent renewals by that entity. Each renewal shall be for a period of five years. A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time.

(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. (Emphasis Provided.)

Therefore, the Board evaluates whether or not to approve a request for material revision under the standards and criteria set forth in Education Code section 47605 for whether or not to grant a petition to establish a charter school, or a request to renew a charter.  Education Code section 47605(b) sets forth the grounds upon which a board can deny a petition, renewal (and, by extension, a request for material revision):

The governing board of the school district shall not deny a petition for the establishment of a charter school [or material revision] unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:

(1)       The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.

(2)       The petitioners are demonstrably unlikely to successfully implement the

program set forth in the petition.

(3)       [Signature Requirement – Inapplicable to Material Revision.]

(4)       The petition does not contain an affirmation of each of the conditions

described in [Education Code section 47605], subdivision (d).

(5)       The petition does not contain reasonably comprehensive descriptions of all of the [required 15 elements set forth in Education Code section 47605.]

(6)       The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. [The Rodda Act, the law governing collective bargaining in the public school system.]

The 15 required elements under Education Code section 47605(b) that are implicated by the Request for Material Revision are as follows:

(A)(i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.

(ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.

(iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements.

(B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.

(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.

(D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.

Therefore, the Board would use the same standards and criteria for evaluating the request for material revision that it would for a petition to establish a charter school or renew a charter.

KEY QUESTIONS FOR THE BOARD:

(1)       Has REALM provided a reasonably comprehensive description of its non-classroom based program, including a description of curriculum, instructional materials, assessment measures and goals, and instructional strategies?

(2)       Has REALM exceeded the 20% threshold for instructional minutes for non-classroom based instruction to require a determination of funding from the State?

(3)       Did REALM’s addition of a non-classroom based program require an additional request for material revision of its current charter?

(4)       Has REALM satisfactorily addressed the issue of whether Compass will pay off REALM’s existing debts, and whether Compass will require repayment by REALM?

(5)       Are REALM’s enrollment projections for the next five years attainable?

(6)       Will meetings of the Compass Charter School board be sufficiently accessible to the REALM community, since the other charter schools operated by Compass are in Fresno, Los Angeles and San Diego?

(7)       Will Compass recognize the Berkeley Federation of Teachers as the exclusive representative of the Charter School’s certificated employees/teachers?

RECOMMENDATIONS FOR THE BOARD:
Conduct the public hearing on REALM’s Request for Material Revision and provide REALM an opportunity to answer the questions posed by the District regarding the Budget Summary, enrollment projections, and other components of the Request for Material Revision. 

If REALM provides information to satisfactorily answer the questions raised above, including but not limited to whether Compass will pay off REALM’s debts in full without compelling repayment, and further information regarding the curriculum, instructional materials, assessment measures and goals, and instructional strategies for its online program, then Staff recommends that the Board approve the Request for Material Revision.  If REALM fails to provide such information to the District’s satisfaction, then Staff recommends that the Board deny the Request for Material Revision.

Take action to approve or deny the material revision.  Conduct a public hearing on the Notice of Intent to Revoke the charter and provide direction if appropriate.

NEXT STEPS:
If necessary, the Board would take action on the Notice of Intent to Revoke on May 29, 2019.

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:

February 6, 2019- Action Item 18: Notice of Violation for REALM Charter Schools

September 26, 2018 – Action Item 16:  Notice of Violation for REALM Charter Schools

February 2, 2018 – Action Item 16:  Notice of Violation for REALM Charter Schools

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

ATTACHMENTS: 
REALM Request for Material Revision, Budget Summary

BUSD April 26, 2019 letter to REALM

REALM April 29, 2019 response

There will be a 10-minute public comment period at the beginning of this public hearing.  Speakers will be allotted 2 minutes to speak, which may be reduced at the discretion of the President.  There will not be an additional public comment period after the Board discussion of this item, but speakers who wish to comment further may submit a card to speak during Item 20 on the agenda, which is the open session public comment period at the end of the meeting.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:                   Pauline Follansbee, Assistant Superintendent
PRESENTERS:     Pauline Follansbee, Assistant Superintendent
John R. Yeh, Burke, Williams & Sorensen
DATE:                  May 8, 2019
SUBJECT:              REALM Charter School Request for Material Revision; Notice of Intent to Revoke

PURPOSE:
To conduct a public hearing and take action to approve or deny REALM Charter School’s Request for Material Revision, and to conduct a public hearing on the notice of intent to revoke REALM’s charter.

BACKGROUND INFORMATION:
On February 6, 2019, the Board approved the issuance of a Notice of Violation (NOV) against REALM Charter School based on numerous instances of fiscal misconduct. REALM provided a response to the NOV on February 21, 2019, claiming that it had cured all instances of financial misconduct.  On March 12, 2019, REALM submitted a request for material revision to be taken over by Compass Charter Schools.

Request for Material Revision

REALM proposes to revise its charter as follows:

1)         REALM would be operated by Compass Charter Schools, a California Nonprofit Public Benefit Corporation operating charter schools in Fresno, Los Angeles and San Diego.

2)         REALM would be governed by the Compass Charter Schools governing board, which governs the other Compass charter schools.

3)         REALM would add an online program (which, according to REALM, already started this year), enrolling 100-122 students from 2019-2020 through 2023-2024.

4)         The “Executive Summary” contained on p. 6 of the Request for Material Revision states that “Compass is not bound by the Collective Bargaining Agreement between Berkeley Federation of Teachers and REALM.”

Relationship to Notice of Intent to Revoke:

REALM had an accounts payable balance as of April 9, 2019 of $1,251,742.  REALM was also delinquent in making contributions to the State Teachers’ Retirement System (STRS) for the months of November ($43,855.23) and December, 2018 ($44,267.37).REALM’s April 10, 2019 draft response to the Notice of Intent to Revoke states that “Compass will take on REALM’s debts upon merging.”  Moreover, an April 19, 2019 letter from REALM’s attorney states that “Compass stands ready to assume debt incurred by REALM in an amount of approximately $1.5 million and will further guarantee the long term financial stability of the Charter School.”  (April 19, 2019 letter, p. 2.)  According to REALM, to date, Compass has provided to REALM three (3) loans, in sums of $100,000, $250,000, and $250,000, and plans to provide a fourth loan of $250,000 should the material revision be approved. 

Neither REALM nor Compass has specified whether Compass would loan REALM the funds to pay off REALM’s debts, or whether Compass would pay those debts on REALM’s behalf without expectation of repayment.   REALM’s April 29, 2019 letter states that “Compass stands ready to assume debt incurred by REALM in an amount of approximately $1.5 million and will further guarantee the long-term financial stability of the Charter School.” (April 29, 2019 letter, p. 5.)  However, this statement repeats prior language without providing the additional clarification requested by the District as to whether REALM would be obligated to repay Compass.

Standards for Evaluating Request for Material Revision

A charter school seeking to make a material revision to its charter must submit a request to the governing board of the charter school’s authorizer. As set forth in Education Code section 47607(a):

(1) A charter may be granted pursuant to Sections 47605, 47605.5, and 47606 for a period not to exceed five years. A charter granted by a school district governing board, a county board of education, or the state board may be granted one or more subsequent renewals by that entity. Each renewal shall be for a period of five years. A material revision of the provisions of a charter petition may be made only with the approval of the authority that granted the charter. The authority that granted the charter may inspect or observe any part of the charter school at any time.

(2) Renewals and material revisions of charters are governed by the standards and criteria in Section 47605, and shall include, but not be limited to, a reasonably comprehensive description of any new requirement of charter schools enacted into law after the charter was originally granted or last renewed. (Emphasis Provided.)

Therefore, the Board evaluates whether or not to approve a request for material revision under the standards and criteria set forth in Education Code section 47605 for whether or not to grant a petition to establish a charter school, or a request to renew a charter.  Education Code section 47605(b) sets forth the grounds upon which a board can deny a petition, renewal (and, by extension, a request for material revision):

The governing board of the school district shall not deny a petition for the establishment of a charter school [or material revision] unless it makes written factual findings, specific to the particular petition, setting forth specific facts to support one or more of the following findings:

(1)       The charter school presents an unsound educational program for the pupils to be enrolled in the charter school.

(2)       The petitioners are demonstrably unlikely to successfully implement the

program set forth in the petition.

(3)       [Signature Requirement – Inapplicable to Material Revision.]

(4)       The petition does not contain an affirmation of each of the conditions

described in [Education Code section 47605], subdivision (d).

(5)       The petition does not contain reasonably comprehensive descriptions of all of the [required 15 elements set forth in Education Code section 47605.]

(6)       The petition does not contain a declaration of whether or not the charter school shall be deemed the exclusive public employer of the employees of the charter school for purposes of Chapter 10.7 (commencing with Section 3540) of Division 4 of Title 1 of the Government Code. [The Rodda Act, the law governing collective bargaining in the public school system.]

The 15 required elements under Education Code section 47605(b) that are implicated by the Request for Material Revision are as follows:

(A)(i) The educational program of the charter school, designed, among other things, to identify those whom the charter school is attempting to educate, what it means to be an “educated person” in the 21st century, and how learning best occurs. The goals identified in that program shall include the objective of enabling pupils to become self-motivated, competent, and lifelong learners.

(ii) The annual goals for the charter school for all pupils and for each subgroup of pupils identified pursuant to Section 52052, to be achieved in the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school, and specific annual actions to achieve those goals. A charter petition may identify additional school priorities, the goals for the school priorities, and the specific annual actions to achieve those goals.

(iii) If the proposed charter school will serve high school pupils, the manner in which the charter school will inform parents about the transferability of courses to other public high schools and the eligibility of courses to meet college entrance requirements. Courses offered by the charter school that are accredited by the Western Association of Schools and Colleges may be considered transferable and courses approved by the University of California or the California State University as creditable under the “A to G” admissions criteria may be considered to meet college entrance requirements.

(B) The measurable pupil outcomes identified for use by the charter school. “Pupil outcomes,” for purposes of this part, means the extent to which all pupils of the charter school demonstrate that they have attained the skills, knowledge, and attitudes specified as goals in the charter school’s educational program. Pupil outcomes shall include outcomes that address increases in pupil academic achievement both schoolwide and for all groups of pupils served by the charter school, as that term is defined in subparagraph (B) of paragraph (3) of subdivision (a) of Section 47607. The pupil outcomes shall align with the state priorities, as described in subdivision (d) of Section 52060, that apply for the grade levels served, or the nature of the program operated, by the charter school.

(C) The method by which pupil progress in meeting those pupil outcomes is to be measured. To the extent practicable, the method for measuring pupil outcomes for state priorities shall be consistent with the way information is reported on a school accountability report card.

(D) The governance structure of the charter school, including, but not limited to, the process to be followed by the charter school to ensure parental involvement.

Therefore, the Board would use the same standards and criteria for evaluating the request for material revision that it would for a petition to establish a charter school or renew a charter.

KEY QUESTIONS FOR THE BOARD:

(1)       Has REALM provided a reasonably comprehensive description of its non-classroom based program, including a description of curriculum, instructional materials, assessment measures and goals, and instructional strategies?

(2)       Has REALM exceeded the 20% threshold for instructional minutes for non-classroom based instruction to require a determination of funding from the State?

(3)       Did REALM’s addition of a non-classroom based program require an additional request for material revision of its current charter?

(4)       Has REALM satisfactorily addressed the issue of whether Compass will pay off REALM’s existing debts, and whether Compass will require repayment by REALM?

(5)       Are REALM’s enrollment projections for the next five years attainable?

(6)       Will meetings of the Compass Charter School board be sufficiently accessible to the REALM community, since the other charter schools operated by Compass are in Fresno, Los Angeles and San Diego?

(7)       Will Compass recognize the Berkeley Federation of Teachers as the exclusive representative of the Charter School’s certificated employees/teachers?

RECOMMENDATIONS FOR THE BOARD:
Conduct the public hearing on REALM’s Request for Material Revision and provide REALM an opportunity to answer the questions posed by the District regarding the Budget Summary, enrollment projections, and other components of the Request for Material Revision. 

If REALM provides information to satisfactorily answer the questions raised above, including but not limited to whether Compass will pay off REALM’s debts in full without compelling repayment, and further information regarding the curriculum, instructional materials, assessment measures and goals, and instructional strategies for its online program, then Staff recommends that the Board approve the Request for Material Revision.  If REALM fails to provide such information to the District’s satisfaction, then Staff recommends that the Board deny the Request for Material Revision.

Take action to approve or deny the material revision.  Conduct a public hearing on the Notice of Intent to Revoke the charter and provide direction if appropriate.

NEXT STEPS:
If necessary, the Board would take action on the Notice of Intent to Revoke on May 29, 2019.

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:

February 6, 2019- Action Item 18: Notice of Violation for REALM Charter Schools

September 26, 2018 – Action Item 16:  Notice of Violation for REALM Charter Schools

February 2, 2018 – Action Item 16:  Notice of Violation for REALM Charter Schools

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

ATTACHMENTS: 
REALM Request for Material Revision, Budget Summary

BUSD April 26, 2019 letter to REALM

REALM April 29, 2019 response

This public hearing pertains to consent items 12.9 and 12.10.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed.D., Superintendent
FROM:       Pauline Follansbee, Assistant Superintendent Business Services
DATE:        May 8, 2019
SUBJECT: Change to 403(b)/457 Plan Administration, Compliance and (TPA) Common Remitter

BACKGROUND INFORMATION:
Recently our current TPA, MidAmerica has decided to partner with TSA Consulting.  TSA Consulting Group (TSACG) is an independent provider of retirement plan compliance and administration services to public education (K-12 and college) employers. Their firm was founded in 1997 and is committed solely to providing these services. TSACG is currently contracted with over 2,100 school districts and colleges in forty-six states representing over 1.6 million employees and nearly 34 billion in assets under administration. It should be noted that 17 of the 50 largest, including 7 of the top 10, school districts in the U.S. are clients of their firm.

This partnership will allow MidAmerica to concentrate on the growing demand for specialty Plans in the Health and Welfare and Retirement sectors while increasing the quality of service delivered to plan sponsors and participants. TSA Consulting Group will focus on their core line of business which is providing 403(b) /457(b) Compliance and Administration Services. MidAmerica performed a great deal of due diligence prior to determining TSACG was the best choice for our clients. We are confident that both Berkeley Unified Schools will greatly benefit from the use of TSACG’s state of the art systems and processes.

We are requesting the Board engage MidAmerican partnership with TSA Consulting for the following reasons:   

• Improved Participant Experience
  1. Quicker turnaround of payroll files due to scale and relationships with investment providers resulting in remittances being deposited into employee's accounts quicker. E.g., some investment providers will allow you to ACH funds where they required a more manual process of MidAmerica previously.
  2. Increased automation due to technology will allow for faster turnarounds on electronic remittances.
  3. Increased communication with plan participants (that provide email address) on transaction statuses.
  4. Increased aggregation of employer and investment provider data which provides for more timely approval of distributions.
  5. Increased education / communications for plan participants.
• Improved Client Experience

1. Easier process for managing payrolls through TSACG’s common remitter.
2. Quicker turnaround of payroll files and faster processing of contributions due to relationships with investment providers.
3. Increased overall plan compliance through the aggregation of employer and investment provider data (participants with multiple investment providers or in multiple plans administered by TSA).

Once the services agreement with TSACG is executed, there will be no immediate changes to process and procedure. Shortly after execution, the transition team at TSA Consulting will contact us to discuss minor operational changes like where to upload information. However, it is important to note that TSACG can accept our data in its current format, so there should be minimal changes as mentioned.

FISCAL IMPACT:
A monthly Administration fee will be assessed by MidAmerican on active participants. The fee will be approximately $20.00 per year which will be paid by most Vendors.  The process of absorbing fees as part of employee annual maintenance fee is an industry standard.  Under the prior TPA, it was not disclosed to the District that fees were being charged. Other proposed TPAs were planning to charge as high as $36.00 per year.

STAFF RECOMMENDATION:
Approve TSA Consulting Group as the District’s 403(b)/457 plan administration, compliance and remitter and authorize Superintendent or designee to execute necessary documents to affect this recommendation.

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.