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Regular Meeting
Berkeley USD
May 29, 2019 5:30PM
1231 Addison Street, Berkeley, CA 94702

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

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

2. Closed Session Public Testimony
Quick Summary / Abstract:

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

3. Closed Session
Quick Summary / Abstract:

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

3.1. Conference with Legal Counsel - Existing Litigation (Gov. Code Section 54956.9(a))
3.1.1. OAH Case No. 2019030496
3.1.2. Claim No. EMP1401173
3.2. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tomandong-Bradley)
3.2.1. Berkeley Federation of Teachers (BFT)
3.2.2. Union of Berkeley Administrators (UBA)
Rationale:


 
3.3. Public Employee Appointment (Government Code Section 54957)
3.3.1. Coordinator, Early Childhood Education
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of May 29, 2019
6. Report on Closed Session
7. Snapshot of Our Schools - Berkeley Arts Magnet
8. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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

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

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

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources ReportsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:       May 29, 2019
SUBJECT:      Approval of Human Resources Reports

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


 
Attachments:
Certificated Personnel Report 05.29.19
Classified Personnel Report 05.29.19
12.2. Approval of Overnight Field Trip Request
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:          Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:          May 29, 2019
SUBJECT:   Overnight Field Trip Request

BACKGROUND INFORMATION:
The following overnight field trip is being requested:

Marin Headlands, Marin County, CA, August 15-16, 2019
Approve participation of thirty-four BHS Bridge students, three teachers, and five other adults from Berkeley High School on a two-day, one-night field trip to the Marin Headlands Hostel. The group will depart BHS on Thursday, August 15th at 9:00 a.m. and return Friday, August 16, 2019 at 2:00 p.m.  The focus of this trip will be to train the upcoming 11th grade cohort to take on leadership and mentoring roles within Bridge. To facilitate this, we want to take the entire cohort on a leadership retreat to the Marin Hostel where the students will engage in team building, leadership development, learning about mentoring and organizational design, and building teams and structures to help mentor the incoming 9th grade students. BUSD will provide transportation.  The total cost of $2466.00 is being paid through Bridge City of Berkeley grant funding. No student will be denied access based on inability to pay.  Requested by Erin Schweng, BHS principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the overnight field trips consistent with the District Policies and instructional programs.

 
12.3. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        May 29, 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. Young, Gifted & Black, to provide afterschool enrichment classes at Washington and Longfellow School for the 2018/19SY. The cost will not exceed $12,000. To be paid from LCAP Supplemental Fund and Afterschool Funds. Requested by Pasquale Scuderi.
  2. Increase in contract amount, PO#191635, to Byrens Kim Design Works to provide architectural services for the Rosa Parks Interim Housing Project. The Board approved 55,000 on November 14, 2018. The additional amount will increase the cost by $11,500 for a total amount of $66,500. To be paid from Measure I. Requested by John Calise.
  3. Increase in contract for HazMat Doc to provide hazardous material services for the capacity project at West Campus. The board approved $40,000 for three separate contracts on May 3, 2018. Current contract for this project is $12,330. The additional amount of $26,145 is recommended for a new total amount of $38,475. 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.

 
12.4. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          May 29, 2019
SUBJECT:   Acceptance of Gifts/Donations

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

  1. Berkeley Public Schools Fund donated $800 for BHS Redesign Grant 18-76.
  2. Victor Nuno donated $290 for Field Trip for Berkeley Arts Magnet.
  3. YourCause, LLC Trustee for Pacific Gas & Electric donated $120 to Rosa Parks Principal’s Discretionary Account.
  4. Berkeley Public Schools Fund donated $1,403.55 for 18-19 Strategic Grant 1-704 to Tracey Iglehart “Silicon Valley Math Initiative Coaching Institute”,pay employees for Saturday trainings.
  5. Berkeley Public Schools Fund donated $897.59 for 18-19 Strategic Impact Grant 18-758 to Monica Salvador for “Special Ed & Math Collaboration”.
  6. Berkeley Public Schools Fund donated $594 to 17-18 Strategic Impact Grant 1-706 to Valerie Gutwirth for BUSD Dance PLC.
  7. The Benevity Community Impact Fund/Kaiser donated $175 to Rosa Parks Principal’s Discretionary Account.
  8. Berkeley Public Schools Fund donated $58.25 to 18-19 Classroom Grant 11-191 to Carla Innis “Multi-cultural Theatre Production”.
  9. Berkeley Public Schools Fund donated $1,956.95 to 18-19 Strategic Impact Grant 18-754 to Denise Fullerton for “Proficiency Based Learning for Language Students”.
  10. Silicon Valley Math Initiative donated $2,500 to Oxford Principal’s Discretional Account.
  11. Michael Stephens donated $1,092 to John Muir Principal’s Discretionary Account.
  12. Berkeley Public Schools Fund donated $622.07 to 18-19 Strategic Impact Grant 18-758 to Monica Salvador for “Special Ed & Math Collaboration”.

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $10,509.41 in donations.



 
12.5. Acceptance of the Citizens Construction Oversight Committee Annual Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        John Calise, Executive Director of Facilities      
DATE:        May 29, 2019
SUBJECT:  Acceptance of the Citizens Construction Oversight Committee Annual Report

BACKGROUND INFORMATION: 
Attached to this cover memo is a report from the Citizens Construction Oversight Committee.  The Committee has the responsibility to receive and review copies of the annual independent performance audit and the financial audit of Measure I expenditures.  The Committee also has the responsibility to create an annual report and to present that report to the Board not later than 60 days after the completion of the annual audit of the year-end close of the District's financial records.  The Board accepted the District-wide audit on January 23, 2019, but the Measure I audits were not received until later.  As a result, the Annual Report is being presented somewhat after the 60 day goal. 

Attached to this cover memo is the Committee’s Annual Report.   The Committee Chair plans to attend the Board Meeting.

POLICY/CODE:
Education Code 15282 and 15278.   
Board Policy 9131.

FISCAL IMPACT:
There is no fiscal impact to accept the Report.  

STAFF RECOMMENDATION: 
Accept the Citizens Construction Advisory Committee Annual Report. 

 
Attachments:
CBOC Annual Report 2019
12.6. Facilities Plan Modifications: Approve Measure I Program Budget Adjustments
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Board of Education  
FROM:          Donald Evans, Superintendent
John Calise, Executive Director of Facilities
DATE:           May 29, 2019
SUBJECT:    Facilities Plan Modifications:  Approve Measure I Program Budget Adjustments

PURPOSE:
To ensure that the Measure I Program Budgets are updated and reflect current project funding requirements and current program revenue projections.

BACKGROUND:
The Board approved the Measure I Reallocation Plan budget in January 2018. There have been additional plan updates during 2018 as noted below. On January 23, 2019 the Board approved the latest revisions to the Measure I Program Budget. At this time it is appropriate to consider the following modifications to Measure I Program Budget and Program Revenue. See the attached Measure I Program Budget worksheet.  

  1. Adjust West Campus Modernization to include a new play structure and playground area, increase project budget by $500,000. 
  2. Budget confirmation of Board’s action approving Schematic Design of the Berkeley High School A Building & Theater Renovations project, increase project budget by $12,177,365.
  3. Adjust District-wide School Safety projects budget to include additional classroom door hardware upgrades, increase project budget by $300,000.
  4. Adjust King Auditorium project budget to accommodate higher than anticipated bids, increase project budget by $137,140.
  5. Future funding for Rosa Parks Multi-Purpose Roof Structural Repairs is added to Measure I (no longer included in Measure AA), project budget of $2,230,264 is added to the program.
  6. Future funding for Rosa Parks Temporary Housing is moved to Measure AA, project budget decreased by $231,100.
  7. Add new project line item Previous Projects Closeout costs, set up project budget of $75,000 for Willard Cafeteria and Longfellow Cafeteria projects.
  8. Add anticipated revenue to Measure I of $23,956,201 in State School Facilities Program funding.  This amount reflects all BUSD projects on the Office of Public School Construction Workload List, within Bond Authority under Proposition 51.  Receipt of these funds is anticipated within the timeframe to support remaining expenditures under the Measure I Program.  See the attached State Funds Worksheet and Cash Flow Worksheet.
  9. Add a new revenue line item for Developer Fees in the amount of $750,000 for eligible Measure I projects.

FISCAL IMPACT: 
Increase anticipated Program Revenue by $24,706,201. Increase Project Budgets by $15,238,669. Unallocated balance is $10,295,877.

RELATED PAST ITEMS:
February 20, 2019 (approval of BHS project schematic design)
January 23, 2019
October 24, 2019

RECOMMENDATION: 
Approve the financial updates to the Measure I Program. 


 
Attachments:
BUSD Cash Flow Worksheet
Measure I Program Budget Summary
State Funding Status BUSD Projects 5-19
12.7. Facilities Plan Modifications: Approve Measure AA Program Budget Adjustments
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Board of Education  
FROM:            Donald Evans, Superintendent
John Calise, Executive Director of Facilities
DATE:             May 29, 2019
SUBJECT:    Facilities Plan Modifications:  Approve Measure AA Program Budget Adjustments

PURPOSE:
To ensure that the Measure AA Program Budget are updated and reflect current project funding requirements and current program revenue projections. 

BACKGROUND:
The have been Measure AA plan updates during 2018 as noted below. On January 23, 2019 the Board approved the latest revisions to the Measure AA Program Budget. At this time it is appropriate to consider the following modifications to Measure AA project budgets and consider funding additional necessary projects from projects from these funds. Our goal to exhaust Measure AA funds. The proposed adjustments are as follows. 

  1. Future funding for Rosa Parks Multi-Purpose Roof Structural Repairs is moved out of Measure AA, decrease project budget by remaining future funds balance of -$1,749,000.
  2. Future funding for Rosa Parks Temporary Housing is moved into Measure AA, project budget increased by $231,000 for a total completion budget of $740,100.
  3. Add new project line item for required Electric Vehicle Charging Stations at the Transportation Facility, set up initial project budget of $750,000.
  4. Add new project line item for the exploration of adding restrooms to Moellering Field, set up initial project budget of $500,000.

FISCAL IMPACT:
Net decrease of -$267,900 after the four adjustments above. Available balance is $268,091.

RECOMMENDATION:
Approve the financial updates to the Measure AA Program. See the attached Measure AA Budget Summary Worksheet. 

RELATED PAST BOARD ITEMS:
Measure AA plan adjustments approved by the Board: January 23, 2019
November 14, 2018
September 12, 2018


 
Attachments:
Measure AA Budget Summary
12.8. Approval of Resolution 19-036 to establish the 2019-20 Tax Rate for the Special Tax: Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:              Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            May 29, 2019
SUBJECT:    Resolution 19-036 to establish the 2019-20 Tax Rate for the Special Tax: Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010)

BACKGROUND INFORMATION:
The Berkeley Schools Safety and Maintenance Act of 2010 (Measure H) renews the function of a prior facilities and safety maintenance act (Measure BB of 2000), providing revenues to “maintain school buildings, classrooms, playgrounds, roofs, electrical systems, and address fire and safety hazards.”  

The legislation establishing Measure H of 2010 permits an annual cost-of-living increase in the rate, beginning with FY 2013-14.  The annual cost of living adjustment (COLA) is equal to the annual percentage increase of the State of California statutory inflation adjustment as defined in Education Code Section 42238.1 (b).  

The statutory COLA based on the District and County Office Financial Projection Dartboard produced by School Services of California in May 2019 has been determined to be 3.26 percent.     

POLICY/CODE:
Berkeley Schools Facilities Safety and Maintenance Act of 2010 (Measure H of 2010, Paragraph 3C)

FISCAL IMPACT:
The revenue for the Berkeley Schools Facilities Safety and Maintenance Act of 2010 is projected to be approximately $6,315,790, a projected increase of $199,394.

STAFF RECOMMENDATION:
Adopt the approved COLA increase for the Berkeley Schools Facilities Safety and Maintenance Act of 2010 for FY 2019-20. 

 
Attachments:
Resolution 19-036
13. Approval of Facilities Needs Assessment as a part of the Masterplan Process - Action (30min)
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:        May 29, 2019
SUBJECT:  Approval of Facilities Needs Assessment as a part of the Masterplan Process

BACKGROUND INFORMATION:
On June 13, 2018, the Board approved HY Architects to develop the Facilities Masterplan. The masterplan process has three major components.  The components include building evaluation and educational facilities evaluation of our schools, incorporating the site or building specific masterplans recently developed.  The second step includes developing site-specific masterplans.  The final step is to compile the plans into a comprehensive document and engage the community in the draft masterplan.

As a part of the first step in the process, HY Architects and their consultants performed a comprehensive evaluation of systems at all BUSD sites. As a part of the assessment, the Consultant’s met with the Principal and Site committee from each school to gather qualitative data about site usage and overall needs.

As a part of tonight’s presentation, Facilities will provide details regarding the process and explain the next steps to prepare for a future bond.

FISCAL IMPACT: 
None

STAFF RECOMMENDATION:
Approve the Facilities Need Assessment as a part of the Masterplan Process.


 
Attachments:
Presentation
14. Governor's May Revise - Discussion (15 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans Ed D., Superintendent
FROM:                 Pauline Follansbee, Assistant Superintendent Business Services
PRESENTERS:      Pauline Follansbee, Assistant Superintendent Business Services
DATE:                 May 29, 2019
SUBJECT:            The Governor’s May Revision on the 2019-20 State Budget

PURPOSE:
To summarize the Governor’s May Revision of the 2019-20 State Budget 

BACKGROUND INFORMATION:
The May Revision confirms that State General Fund revenues increased by $3.2 billion since the release of the Governor’s January budget. The administration attributes these gains primarily to short-term personal income gains stemming from a strong stock market and initial public offerings of stock of large California-based companies, as well as corporate tax revenue from shifting of income in 2017 and 2018 and other one-time revenues from repatriation of foreign earnings associated with the federal tax changes. The revenues are increased short-term from 2017-18 through 2019-20 in the budget forecast, but lower for years beyond the forecast window.

The May Revision maintains full funding of the Local Control Funding Formula (LCFF), contributions to the Rainy Day Budget Reserve (Prop. 2, 2014), and a first-time deposit to the Public School System Stabilization Account (PSSSA). Relative to the January Governor’s Budget, Prop. 98 funding at May Revision is up by $78.4 million in 2017-18, $278 million in 2018-19, and $389.3 million in 2019-20. The Governor maintains the same education priorities with some funding adjustments, but with the entire $389.3 million of new Prop. 98 funding going into the PSSSA. The large funding priorities as of May:

• $2 billion in Prop. 98 funding dedicated to the statutory COLA of 3.26%;

• $3.15 billion non-Prop. 98 funds toward debt payments to the CalSTRS liability for school employers; 

• $696.2 million ongoing for Prop. 98 special education; and

• $1.5 billion in state bonds to allow agencies greater access to funds for facilities projects.

District staff continues to believe that the best plan of action is to maintain a suitable level of local reserves, exercise caution at the bargaining table, and prepare budgets and projections to ensure the District’s budget remains balanced and maintain a positive certification.

RECOMMENDATION FOR THE BOARD:
Receive the Governor’s May Revised budget as an informational item.  

FISCAL IMPACT:

At May Revise the COLA is revised downwards from 3.46% in January to 3.26% in May which results in a decrease in the LCFF base grant revenue for fiscal year 2019-20  in the amount of $156,561 in base funding and an decrease of $10,702 in supplemental funding. 

Programs outside the LCFF, including Special Education, Child Nutrition, Foster Youth, Preschool, American Indian Education Centers, and American Indian Early Childhood Education, will receive the statutory COLA of 3.26%.

Eligibility for the Governor’s proposal for increased funding for Special Education remains unchanged and is based on Special Education pupil counts for concentration grant districts.  

Due the uncertainty of the enactment of the additional reduction in the STRS rate, the District’s Adopted Budget will be based on the rate in the Governor’s January budget.

 
15. Proposal for Transportation Department - Action (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            May 29, 2019
SUBJECT:    Transportation Fees for 2019-20

PURPOSE:
Discussion of options for transportation fees for Non-BUSD after school programs, which was included as a recommendation for Superintendent’s Proposed Budget Reductions for the 2019-20 Base Grant (Unrestricted General Fund).

BACKGROUND:
The Transportation department partners with Non-BUSD after school programs to provide transportation to programs on a space-available non-fee basis.  BUSD is currently accommodating sixteen (16) non-Berkeley afterschool programs for 601 students. 

This was brought the attention of the Business Office by our recently hired transportation manager, and was discussed as a possible source of additional revenue for the District’s operations for the 2019-20 school year.  District staff looked at various methods of determining an equitable method of charging programs, and shared these methods with the board when requesting approval of budget reductions (or increased revenue) at the February 20, 2019 Board meeting.  These methods included charging various rates based on estimated time and cost to provide the service, applying the field trip per bus rate, and charging a per student rate.

After additional extensive research and analysis and interviews with current and former staff of the Transportation department, we determined that while charging the Non-BUSD afterschool programs a fee based on the financial impact to our Transportation department is valid and equitable since we charge our BUSD after school programs for transportation, it was challenging  to generate a revised fee structure.  

Staff started examining this process in January 2019, and recognize the need to notify non-BUSD afterschool programs of changes to Transportation service. This would need to be done in a timely manner to mitigate the impact of charging a fee for Transportation.  

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Staff is recommending that the District develop policy and administrative guidelines for an equitable fee structure in the fall to be implemented in the 2020-21 school year.  The policy should acknowledge the core function of the Transportation Department while charging an agreed upon rate to provide transportation for Non-BUSD afterschool programs.

 
16. Update from Special Education Advisory Committee - Discussion (25 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:  Donald Evans, Ed.D., Superintendent
Pasquale Scuderi, Associate Superintendent       
FROM:        Jan Hamilton, Ed.D., Executive Director Special Ed
DATE:          May 29, 2019
SUBJECT:   Update from Special Education Advisory Committee

PURPOSE:
Present the Board with a Summary of Goals developed by staff this year in conjunction with the Special Education Advisory Committee. 

BACKGROUND:
The presentation this evening to the Board of Education and the larger Berkeley Unified School District community is the product of a cumulative and collaborative effort.  A Special Education Advisory Committee was formed this school year, driven in part by recommendations included in an external evaluation and analysis of our special education program and practices that BUSD commissioned during the 2017-2018 school year. 

The Special Education Advisory Committee included representation from a wide range of stakeholder groups that met throughout the school year to take a deeper dive at the department’s overall program.  The Special Education Advisory Committee focused on specific areas that were highlighted in the audit report recommendations. 

The presentation this evening is a product of input from stakeholders and provides details on initiatives for the 2019-2020 school year.  It is envisioned that these initiatives will further enrich development and improvement of the Special Education program and outcomes for our students.     

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report.

 

 



 
Attachments:
Presentation
17. Public Hearing on Notice of Intent to Revoke REALM's Charter - Time Certain: 10PM - Discussion (10 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D., Superintendent
FROM:                  Pauline Follansbee, Assistant Superintendent
PRESENTERS:      Pauline Follansbee, Assistant Superintendent
DATE:                    May 29, 2019
SUBJECT:            Public Hearing on Notice of Intent to Revoke for REALM Charter School

PURPOSE:
To conduct a public hearing on the Notice of Intent to Revoke issued to REALM Charter School.

BACKGROUND INFORMATION:
The revocation of a charter is governed by Education Code § 47607. Education Code § 47607(c) sets forth the grounds for revocation:

A charter may be revoked by the authority that granted the charter under this chapter if the authority finds, through a showing of substantial evidence, that the charter school did any of the following:

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

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

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

(4)     Violated any provision of law.

The charter-authorizing agency precedes a revocation with a Notice of Violation and a reasonable opportunity to remedy the violation under Education Code § 47607(d). Prior to revocation, the charter-authorizing agency provides the charter school with a Notice of Intent to Revoke, and conducts a public hearing on the potential revocation (Education Code § 47607(e)), before deciding whether or not to revoke the charter.

On February 6, 2019, the Board approved the issuance of a Notice of Violation (NOV) against REALM Charter School as REALM committed following instances of fiscal misconduct:

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

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

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

4)         Failed to reflect the negative fund balance of REALM Middle School in the budget of the

consolidated REALM Charter Schools after the Board granted a material revision to

consolidate the REALM Middle School and REALM High School.

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.  The Board conducted a public hearing, and deliberated upon, the Request for Material Revision on May 8, 2019; and further deliberated upon the request on May 22, 2019.  The Board is scheduled to take action on the Request for Material Revision and (if necessary) the Notice of Intent to Revoke on June 12, 2019.

RECOMMENDATIONS FOR THE BOARD:
Conduct public hearing on Public Hearing on Notice of Intent to Revoke 

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

ATTACHMENT:
The approved Notice of Intent to Revoke is attached.


 
18. Information Items
18.1. Revisions to BP 5111/ AR 5111.1: Admissions for first Reading
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         School Board
FROM:           Board Policy Subcommittee
DATE:            May 29, 2019
SUBJECT:     Revisions to BP 5111/ AR 5111.1: Admissions for First Reading

BACKGROUND INFORMATION:
Amended section 48204.2 of the California Education Code requires that districts that conduct residency investigations include in their Board policy the process by which those investigations are to be conducted. The law requires a number of other additional provisions to be included in the District's policies and administrative regulations related to residence verification.  BUSD is now updating its relevant policy and regulation in accordance with this law.  The revisions do not change District policy or practice; they merely memorialize current practice and ensure that our policies and regulations are consistent with Ed Code.  The Policy Committee approved these revisions at its May 23 meeting, and voted to present them to the Board tonight for first reading. 

RECOMMENDATION:
Receive revisions to BP 5111 and AR 5111.1 for first rea

 
Attachments:
AR 5111.1
BP 5111
19. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

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

Published: May 24, 2019, 8:55 PM

The resubmit was successful.