The Presiding Officer will call the meeting to order at 7:15 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 7:00 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 22, 2019
SUBJECT:      Approval of Human Resources Reports

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent       
DATE:             May 22, 2019
SUBJECT:    Approve the Revision of the Business System Analyst Position

BACKGROUND INFORMATION:

The existing Business System Analyst job description does not adequately serve the needs of the district.

The District Business Systems group has been working with all Fiscal and Human Resources staff to expand workflow efficiency and automation, and the Business System Analyst position will be critical in these effort. Additionally, the districts systems now reside on a SQL databases, so it is essential for the position to have the ability to use SQL commands and queries.

POLICY/CODE:
Public Contract Code 20110 – 20118. 

FISCAL IMPACT:
The revision of the Business System Analyst job description has no fiscal impact.

STAFF RECOMMENDATION:
Approve the revision of the Business System Analyst position to the attached job description for this position. The position is currently vacant, and there is an immediate need to use the revised job description during recruitment.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D., Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent       
DATE:             May 22, 2019
SUBJECT:      Approve the Revision of the Network Engineer Position

BACKGROUND INFORMATION:
The existing Network Engineer job description does not adequately serve the needs of the district.

The Technology Department’s network infrastructure is continually evolving, and increasingly the network controls reside on web-based servers. Additionally, since this job description was last rewritten, the district network has seen an explosion in devices both district-related (HVAC systems, security systems, surveillance cameras) and personal (phones, etc). This revision to the job description addresses those changes.

POLICY/CODE:
Public Contract Code 20110 – 20118.

FISCAL IMPACT:
The revision of the Network Engineer job description has no fiscal impact. 

STAFF RECOMMENDATION:
Approve the revision of the Network Engineer position to the attached job description for this position. The position is currently vacant, and there is an immediate need to use the revised job description during recruitment.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans Ed. D., Superintendent
FROM:            Jay Nitschke, Director of Technology
DATE:             May 22, 2019
SUBJECT:      Approval of Funds to Purchase Chromebooks

BACKGROUND INFORMATION:

Purchases over $100,000 require direct Board approval.

The purchase of 678 Dell 3100 Chromebooks from Measure A carryover funds was approved by the BSEP P&O Committee on January 15, 2019.

POLICY/CODE:                                                                 
Berkeley Public Schools Educational Excellence Act of 2006, Sections 3D and 4B.
Board Policy 3310
Ed Code 29873 

FISCAL IMPACT:
An expense of $122,480.32 from the 9% budget of BSEP Measure A of 2006. 

STAFF RECOMMENDATION:
Approve the purchase of Dell Chromebooks.

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for expenditure of these funds in 2019-20 were reviewed and approved at regularly scheduled P&O meetings on April 16 and May 7 of 2019. 

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016, Section 3B.
Berkeley Public Schools Educational Excellence Act of 2006, Section 6A 

FISCAL IMPACT:
Expenditure of $628,300 from BSEP Measure E1 and $30,000 from carryover fund balance from BSEP Measure A of 2006. 

STAFF RECOMMENDATION:
Approve the recommendation for the allocation of BSEP Funds in FY 2019-20.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities  
DATE:           May 22, 2019
SUBJECT:    Authorization for DSA Approved IOR (Inspector of Record)

BACKGROUND INFORMATION:
With the completion of project award for the West Campus Capacity Project and the King Middle School Auditorium modernization project, there is a need for the District to now authorize an Inspector of Record (IOR) for these projects.  Project Inspector David Callahan has been vetted and approved by District staff as well as the architect of record for each respective project and approved by the Division of the State Architect (DSA).  The cost of the inspection services is listed below:

West Campus Capacity Project                      $77,040

King Auditorium Modernization Project         $32,100

FISCAL IMPACT:
The contract amount is $109,140. This cost is within each of the project budgets and will be funded from Measure I.

RECOMMENDATION:
Authorize contract approval of $109,140. To David Callahan IOR.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent  Business Services
DATE:        May 22, 2019
SUBJECT: Approve Listing of Warrants issued in April  2019.

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of March is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$4,837,656.16 for the month of April 2019 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of April 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         May 22, 2019
SUBJECT: Approval of Payroll Warrants Issued in April 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 April 2019.

POLICY/CODE:
Educational Code 41010 et seq.

STAFF RECOMMENDATION:
Approve payroll payments made in April 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed.D., Superintendent
FROM:          Dr. Jan L. Hamilton, Director, Special Education
DATE:           May 22, 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.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $11,180.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        May 22, 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. JP Graphics to provide printing services for Nutrition Services for 2018/19 SY. The cost will not exceed $10,220. To be paid from Cafeteria Fund. Requested by Bonnie Christensen.
2. Byrens Kim Design Works to provide architectural services for the Interim Housing Project for the Berkeley Community Theater at Berkeley High School for the 2018/19 SY. The cost will not exceed $92,050. To be paid from Measure I. Requested by John Calise.
3. ELS Architects to provide architectural services for Longfellow Modernization project for the 2018/19SY. The cost will not exceed $10,000. To be paid from Measure AA. Requested by John Calise.
4. Ellevation Education, to provide English Learner management software for CDE compliance, data integration and on-site training for the District. The cost will not exceed $19,300. To be paid from Title III Fund. Requested by Pasquale Scuderi.
5. Increase in contract, PO#190204, to Diablo Plumbing, to provide additional plumbing services for the remainder of the school year for the Maintenance Department. The Board approved $15,000 on 6/27/18. The additional amount will increase the cost by $15,000 for a total amount of $30,000. To be paid from Measure H. Requested by Steve Collins.
6. Increase in contract, PO#190045, to Rudys Commercial Refrigeration to provide additional repair services to Nutrition Services for the remainder of 2018/19 SY. The Board approved $30,000 on 6/13/18. The additional amount will increase the cost by $10,844.30 for a total amount of $40,844.30. To be paid from Cafeteria Fund. Requested by Bonnie Christensen.
7. Increase in contract amount, PO#190834, to Folger Graphics to provide printing services for Berkeley Adult School for 2018/19 SY. The original purchase order in the amount of $5585 was issued on 9/16/18. The additional amount requested is $18,725 for a total amount of $24,827.  To be paid from Adult Education Fund. Requested by Thomas Reid.
8. Increase in contract amount, PO#190143, to Bay Area News Group to provide legal advertisements for the Facilities Department. The original purchase order in the amount of $9,000 was issued on 7/9/18. The additional amount will increase the cost by $11,000 for a total amount of $20,000. To be paid from Measure I. Requested by John Calise.

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

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

BERKELEY PUBLIC SCHOOLS

Official Minutes
March 13, 2019 

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 PUBLIC SCHOOLS

Official Minutes

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:32pm. He reported that the Board convened to Closed Session at 5:50pm.

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

At the request of Alper, item 12.6 was pulled from consent and moved to Action; item 17 to precede item 16.
Motion to approve agenda as amended:
Alper/Brown and unanimously approved 5-0 

REPORT CLOSED SESSION 

Vice President Leyva-Cutler reported out on closed session held on April 7, 2019:  As part of the Superintendent search, the Board met to select candidates to interview and to set conditions for the interviews. 

Vice President Leyva-Cutler reported out on tonight’s closed session:

Public Employee Appointment (Government Code Section 54957)

Vice Principal, King Middle School
Motion to approve the appointment of Gabriel Fredman as Vice Principal of King Middle School:
Alper/Brown and approved 4-0.

Principal, Emerson Elementary
Motion to approve appointment of Jana Holmes as Principal of Emerson Elementary:
Leyva-Cutler/Sinai and approved 4-0.

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

BCCE
BFT
UBA

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

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

The Board heard an update on this matter; no action was taken.

Public Employment (Government Code Section 54957)
Superintendent

The Board did not discuss this matter.

SNAPSHOT OF OUR SCHOOLS
Cragmont Elementary 

PUBLIC TESTIMONY
A total of 13 people addressed the Board:

Five comments advocating for adequate teacher compensation

One comment on the middle school rezoning proposal.

Three comments in support of sports coach stipends. 

One comment on behalf of the carpenters union and in support of workforce housing.

One comment on complaint process. 

One comment requesting additional supports for Longfellow.

One comment in support of employee housing.

UNION COMMENTS
Mark Ramia addressed the Board on behalf of BCCE President Linnette Robinson urging the Board to implement increase in compensation. 

One comment on behalf of BFT urging the Board to increase teacher compensation.

COMMITTEE COMMENTS
PTA Council President Mara Kolesas voiced the committees’ support of the proposal for middle school rezoning. She noted the importance of creating an educational environment reflective of our values.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Brown thanked the students and fellow educators who came out tonight. She congratulated the newly appointed Emerson Principal and MLK Middle Vice Principal. 

Director Sinai thanked the teachers and students who came out tonight. She also thanked Cragmont for a great presentation. She shared that she and Leyva-Cutler met with Mayor Arreguin to address how BUSD and the City can coordinate to better serve our homeless families. On April 23 the City will introduce its 1000 People Plan to address homelessness on the streets of Berkeley. She encouraged folks to attend this City Council  meeting and speak on behalf of BUSD families who are affected. 

Vice President Leyva-Cutler announced her appointment of Andrea Morales Mendoza to the Youth Commission. She shared that she is proud of the  submissions received so far as part of the annual Chavez-Huerta essay contest and looks forward to sharing submissions with the community. 

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

Approval of Resolution 19-027 for the Refunding of 2011 and 2013 General Obligation Refunding Bonds -- Action

Motion to approve Resolution 19-027 for the refunding of 2011 and 2013 General Obligation Refunding Bonds:
Alper/Brown and approved 5-0. 

Decisions on Ongoing and One-Time Budget Proposals for 2019-20 from Base Grant (Unrestricted General Funding) -- Action
Allotted time: 30 min
Actual time: 10 min 

Assistant Superintendent of Business Services Follansbee and Associate Superintendent Scuderi presented list of proposed ongoing expenditures totaling $123,500 and proposed one-time expenditures totaling $255,000. Leyva-Cutler directed the Board to go over each proposed item and state their level of support or pose any clarifying questions. There was consensus among the Board for all proposed ongoing and one-time expenditures for 2019-20. 

Motion to approve ongoing and one-time budget proposals for 2019-20:
Hariri/Sinai and approved 5-0. 

Workforce Housing -- Action
Allotted time: 30 min
Actual time: 33 min 

Executive Director of Facilities John Calise presented an update on employee housing efforts undertaken so far. He reported that additional funding has been identified and are currently in the process of exploring further. Staff recommends the removal of the BHS staff parking areas and the maintenance facility as possible sites for building, narrowing options down to the Adult School and West Campus. Questions and discussion followed.

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

Initial Discussion About Possible Middle School Rezoning -- Discussion
Allotted time: 20 min
Actual time: 22 min 

Associate Superintendent Scuderi and Admissions Manager Francisco Martinez presented plans to rezone middle schools. They presented a possible timeline that would place the rising assign the sixth grade of 2020 under new  model. Questions and discussion followed. There was consensus among the Board that staff explore this new model further.

Public Hearing for REALM Charter School’s Request for Material Revision - TIME CERTAIN: 9:30 PM - Discussion
Time allotted: 10 min
Actual time: 10 min. 

Leyva-Cutler opened public hearing at 9:52pm:

Two people came forward to comment in support of  REALM’s request for a material revision.

Leyva-Cutler closed public hearing closed at 9:57pm

Leyva-Cutler reopened public hearing at 9:59pm

One comment in support REALM’s request for a material revision.

 Public hearing closed at 10:02pm

Approval of Notice of Intent to Revoke REALM’s Charter -- Action
Allotted time: 20 min
Actual time:  13 min 

Assistant Superintendent Follansbee and Legal Counsel John Yeh explained that BUSD approved issuance of notice of intent to revoke REALM’s charter back in February. Staff is now recommending approval of notice of intent to revoke REALM’s charter. Should the Board approve Notice of Intent to revoke, there would be a public hearing for this matter on May 8 when the Board would take action on whether or not to revoke REALM’s charter. Concurrently,  REALM’s is requesting approval of material revision as a remedy that would result in merger between REALM and Compass. Approval of the material revision would halt the revocation process. Questions and discussion followed.

Motion to approveNotice Of Intent to revoke charter:
Alper/Leyva-Cutler and approved on a 3-0-2:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Abstained
Julie Sinai, Director -- Yes
Arvin Hariri, Student Director, BHS – Abstained 

Public Hearing for and Approval of Resolution 19-026 to Enter Into Energy Service Contract with Clear Blue Energy Corporation for Lighting Projects Covered Under Proposition 39 - TIME CERTAIN: 9:45PM - Action
Allotted time: 5 min
Actual time: 2 min 

Public hearing opened and closed at 10:16pm

Motion to approve staff’s recommendation:
Alper/Brown and approved 5-0

EXTENDED PUBLIC COMMENT
One comment on public comment process

Two comments in opposition to the revocation of REALM’s charter

EXTENDED BOARD MEMBER COMMENT

Leyva-Cutler explained public comment process for the purpose of transparency. 

ADJOURNMENT: 10:28pm

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 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 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA

At the request of Director Sinai item 13.14 was pulled for action.
Motion to approve agenda as amended:
Sinai/Brown and unanimously approved 5-0

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

Parent/Student Challenge to Content of Pupil Records (Ed Code Section 49070(c))

Motion to approve staff recommendation o expunge student record:
Sinai/Alper and approved 4-0.

Public Employee Appointment (Government Code Section 54957)

Principal, John Muir

Motion to approve the appointment of Marco Taylor as Principal of John Muir Elementary:
Leyva-Cutler/Alper and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Absent
Julie Siniai, Director -- Yes

Principal, Rosa Parks
Motion to approve the appointment of Vanessa Flynn as Principal of Rosa Parks Elementary:
Alper/Sinai and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Absent
Julie Siniai, Director -- Yes 

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 collective bargaining and gave direction; no action taken.

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

OAH Case No. 2019029288
The Board received update on this matter; no action taken.

Claim No. 16-087898
Motion to approve staff recommendation:
Alper/Leyva-Cutler and approved 4-0.

Claim No. 130100099
Motion to approve staff recommendation:
Alper/Sinai and approved 4-0.

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(c)) – Two (2) Potential Cases
The board received an update on two potential cases; no action taken.

Public Employment (Government Code Section 54957)

Superintendent
The Board discussed this item; no action taken.

Snapshot of Our Schools – Jefferson Elementary
Jefferson elementary showed a video highlighting its students and teachers. 

WE CARE Awards

Assistant Superintendent Follansbee presented WE CARE Awards to the 2019 award recipients:

•                Jimmy Hoang

•                Victoria Teicher

•                Joseph Oduah

•                Joseph Olison

•                Benjamin Zohar

•                Steven Thysell

PUBLIC TESTIMONY
A total of seven people addressed the Board:

One comment requesting reimbursement for purchase of adaptive equipment.

Five comments in advocacy of increased compensation

One comment on LCAP supplemental funds spending. 

UNION COMMENTS

Cathy Campbell, BFT President asked the Superintendent and Board to authorize teacher participation at a rally in Sacramento to advocate for increased funding for public education. She went on to comment on some of the priorities for the Board to consider in its discussion on use of LCAP carryover funds. She expressed BFT’s support of the African American student support program, restorative practices, and the implementation of the green dot program.

COMMITTEE COMMENTS

PAC rep Laura Babbit spoke on behalf of committee with respect to LCAP supplemental LCAP funds and voiced priorities identified by the committee. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Sinai thanked the teachers who have come out night after night to address the Board. She said that she looks forward to joining them in Sacramento. She also thanked Jefferson Elementary for a great presentation. She reported that the School Board is working jointly with the city to address homelessness. The Thousand People plan will be presented at the next City Council meeting which she encouraged the public to attend. At that same meeting, the Mayor will present a proposal for the funding of employee housing. She disclosed that she will recuse herself from voting on consent 13.14 due to her role with the organization involved. 

Director Brown congratulated the newly appointed principals. She announced that the BHS will hold a banquet on May 18 at 6:30pm as part of the 50^th anniversary of its AFRAM studies department. She will hold her office hours on May 15.

Vice-President Leyva-Cutler acknowledged the Berkeley Fire Department and the parents who have been partnering with the schools for emergency preparedness. 

Superintendent Evans congratulated newly appointed principals and WE CARE award recipients.

CONSENT CALENDAR

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

Approval of Memorandum of Understanding between Lifelong Medical and Rosa Parks

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

Approval of Resolution 19-029 to Implement Prequalification of Construction Contractors Under PCC Section 20111.6 for Lease-Leaseback

Motion to approve Resolution 19-029:
Alper/Sinai and approved 5-0. 

Approval of Resolution 19-028 to Approve Request for Proposals for Lease-Leaseback Projects

Motion to approve Resolution 19-028:
Brown/Alper and approved 5-0. 

Local Control and Accountability Plan (LCAP) Plan for Supplemental Budget in 2019-20 – Discussion
Allotted time: 50 min
Actual time: 65 min 

Associate Superintendent Scuderi presented proposed reductions for each of the three LCAP goals. Highlighted reductions included a .4FTE BHS math coordinator move from LCAP, efforts for the attraction and retention of teachers of color, and classified employee teacher pathway. This item will return for Board approval on May 8. Questions and discussion followed.

Annual Declaration of Need for Fully-Qualified Educators – Action
Allotted time: 5 min
Actual time: 1 min 

Motion to approve annual declaration of need for fully-qualified educators:
Leyva-Cutler/Alper and approved 5-0.

ADJOURNMENT
10pm

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D
FROM:             Pasquale Scuderi , Associate Superintendent
PRESENTER:  Pasquale Scuderi, Associate Superintendent
DATE:              May 22, 2019
SUBJECT:         Local Control Accountability Plan (LCAP): Request approval of proposed one-time expenditures for SY 2019-2020           

PURPOSE:
Request approval of proposed and prioritized one-time expenditures from LCAP carryover funds for school year 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. This proposal also contained a prioritized list of one-time expenditures that could be funded with carryover monies during the next school year. During the course of our LCAP development process this year, suggestions and perspectives on how to spend these one-time funds were solicited by staff from the Educator’s Advisory Committee (EAC), the Parent Advisory Committee (PAC), District principals, and the Educational Services team.

Board Policy 0460 permits staff to use unspent funds from current or prior years on one-time actions and services once obligations to provide for reserve funds are met:

To the extent that in any year there is unspent LCFF funding that was designated to fund specific actions or services that are listed as increasing or improving services for unduplicated students, the Board shall - although not required by law or regulation - place those funds in a reserve fund until the reserve fund is equal to $1,000,000, after which point any unspent LCFF funding that was designated to fund specific actions or services that are listed as increasing or improving services for unduplicated students shall be spent on one-time actions or services that are listed as increasing or improving services for unduplicated students in one or more future year LCAPs.

A list of proposed one-time expenditures, revised and prioritized based on stakeholder group feedback, now totals $327,000 for a projected available one-time carryover for 2019-2020 of $240,000. This projected carryover represents approximately $50,000 in projected unspent funds from 2017-2018 (the remainder of an approximately $325,000 that was allocated for one-time expenditures in 2018-2019) as well as a projected unspent or underspent balance of $180,000 from ongoing expenditures from 2018-2019.

Therefore, the list below has been prioritized by staff to reflect which one-time actions and services should be funded first, second, third, etc, in accordance with actual carryover dollars that become confirmed and available in July, and with as much respect to a balanced consideration of the multiple stakeholder group perspectives we received. That list is provided in table 1 below. 

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. The Board approved 4 positions on May 8 and staff is tonight requesting the early approval of a one-time allocation of $51,000 to support .50 FTE of a third intervention counselor at BHS for SY 2019-2020. The other .50 FTE will be provided through ongoing LCAP funds. 

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve the LCAP one-time carryover expenditures for 2019-2020 including early approval of the funding for the third BHS intervention counselor.

FISCAL IMPACT:
Approximately $240,000 in one-time funding for 2019-2020.

TABLE 1

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:        May 22, 2019
SUBJECT:  Sustainability Plan Update

BACKGROUND INFORMATION:
On September 26, 2018, the Board received a summary and progress report for the Sustainability Plan to ensure continuity and a cohesive approach to the DistrIct’s green and sustainable efforts. On November 14, 2018, Board approved the Sustainability Plan. The vision of the Plan is that all Berkeley students have access to healthy, green school buildings and grounds and hands-on environmental and outdoor education with the goals of reducing the District’s environmental footprint, supporting Next Generation Science Standards, and saving money.

The District has made significant progress in several categories of the Sustainability Plan, specifically in the areas of waste reduction, energy, and transportation. We present this progress in further detail in the attached document.  

FISCAL IMPACT:
No additional impact beyond the approved Plan

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 22, 2019
SUBJECT:            REALM Charter School Request for Material Revision

PURPOSE:
To take action to approve or deny REALM Charter School’s Request for Material Revision.

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

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. 

NEXT STEPS:
If necessary, the Board would conduct a public hearing on the Notice of Intent to Revoke the charter on May 29, 2019; and would take action on the Notice of Intent to Revoke on June 12, 2019, if appropriate. 

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:

May 8, 2019 – Item 15: REALM Charter School Request for Material Revision; Notice of Intent to Revoke

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

Compass Charter Schools – Description of Program

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:      Pasquale Scuderi, Associate Superintendent
DATE:            May 22, 2019
SUBJECT:    Draft 2019-2020 LCAP Plan and Executive Summary

BACKGROUND:
The Local Control and Accountability Plan (LCAP) is intended to be a planning and accountability tool for school districts, describing the actions and expenditures that are expected to improve targeted student outcomes for students who are English language learners, foster children, or who receive free and reduced lunch. The Draft LCAP and Executive Summary are being presented to the Board and community for feedback and direction. 

This is the final year of the current three-year plan.  A new three-year plan will be developed next year to support students from August of 2020 through June of 2023.

On April 24 and May 8 of 2019 staff presented recommended changes to LCAP supplemental budget for 19-20, and on May 8 requested and received early approval for 4 positions so hiring could begin. Board policy 0460 permits this and provides guidance on the process. 

Attached is the first draft of the LCAP Plan for 2019-2020 which also includes the previoUsly shared supplemental budget of $5,531,719. 

FISCAL IMPACT:
Proposed ongoing supplemental spending from LCAP is approximately $5,531,719 

RECOMMENDATION:
Discuss and give direction to staff.

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.