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

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

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

Pursuant to California Government Code Section 54953, Director Ka’Dijah Brown will be participating via teleconference from the following location: 1 Tourist Corridor 23447 Cabo San Lucas B.C.S. This agenda will be posted at the foregoing location at least 72 hours before the meeting is scheduled to commence. Public participation will be permitted at the teleconferencing location. 

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:       June 12, 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:          Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources   
DATE:            June 12, 2019
SUBJECT:      Elimination/Reduction of Specified Classified Positions

BACKGROUND INFORMATION:
Due to lack of work and /or lack of funds the following classified positions in the District need to be eliminated/reduced.

In light of Education Code requirements, it is necessary for the Governing Board to set forth and act on the eliminations/reductions so that each employee affected can be timely notified as prescribed by law and collective bargaining agreements.  We regret the hardship this notification process places on employees and the uncertainty of their future employment status. 

POLICY/CODE:
Education Code Sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:
Budgetary reduction to funding services.

STAFF RECOMMENDATION:
Approve Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              School Board Members and Dr. Evans, Superintendent
FROM:         Dr. Jan Hamilton, Executive Director, Special Education
DATE:          June 12th, 2019
SUBJECT:     Approval of Resolution 19-039 for the Renewal of the Transition Partnership Program (TPP) Contract for 2019-20 and 2021-22

BACKGROUND INFORMATION:
Berkeley Transition Partnership Program (TPP) is a collaborative performance contract between Berkeley Unified School District (BUSD) and the Department of Rehabilitation (DOR).  The TPP is designed to facilitate the transition of young adults as they move from high school to the world of work. The program focus is to provide curriculum, assessment, counseling, career exploration, job search and placement, job coaching and other employment-related support services, when appropriate. TPP students receive extensive in-depth services in personal management, career management, and life management in preparation for competitive employment.

Upon completion of the TPP program, students can choose to become regular DOR clients where they could receive ongoing support until they enter into meaningful competitive employment.

The criteria for enrolling a TPP student is based on the following factors:

• Student is in high school and has an IEP;
• Student has a disability that constitutes or results in a significant impediment to employment; and
• Student can benefit from vocational rehabilitation services to obtain and retain employment.

An important benefit of this program is that once a student is a client of the DOR, services can extend until his or her employment goals are achieved, even into adulthood. A TPP vocational specialist facilitates connecting students with DOR and helps them move smoothly into DOR services. Students receive services from the DOR while in high school. The TPP staff at the high school connects them with adult services and agencies and facilitates these linkages for them. In addition, post-secondary students requesting WorkAbility services at the Adult School, the community college system or the 4-year college system can access services as a DOR client.

The DOR reimburses the District for district provided services. Services are matched as a percentage of district employees full time equivalent (FTE) and salary. The State match is 3.5 times the District’s match. The funds generated will pay for a TPP Support Specialist at Berkeley High School, job development training, instructional supplies, and indirect costs. The state match also provides DOR case management, and funds for post-secondary education and services for students.

POLICY/CODE:
Education Code Sections 56460-56463

FISCAL IMPACT:
Performance Contract is: $288,918.00 for all three years. There is no impact to the Special Education Department budget or to the general fund.

STAFF RECOMMENDATION:
Approve renewal of the Transition Partnership Program (TPP) contract for years 2019-20 through 2021-22. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Donald Evans, Ed.D , Superintendent 
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            June 12, 2019
SUBJECT:     Agents and Authorized Signers for Signature Card and Official Documents and Reports for  the Berkeley Unified School District

BACKGROUND INFORMATION:
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and signatures of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools. 

Staff is submitting Resolution 19-037-Authorized Agents and Authorized Signers for BUSD and Resolution 19-038-Authorized Agents for Official Documents and Reports for approval to be submitted to the Alameda County Office of Education as require.     

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolutions 19-037 and 19-038 by unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          June 12, 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 $2,369.63 to 18-19 Strategic Impact Grant 18-757 to Spencer Pritchard for “AFAM Department Meeting Times”.
2. Berkeley Public Schools Fund donated $5,133.95 to 18-19 Strategic Impact Grant 1-704 to Tracey Iglehart “Silicon Valley Math Initiative Coaching Institute”.
3. Berkeley Public Schools Fund donated $1,500 to pay for after school meetings for Universal 9^th Grade Teachers.
4. PG&E donated $250 to Cragmont Elementary to work match donation from parent.
5. Wells Fargo Your Cause donated $720 to Rosa Parks Principal’s Discretionary Fund.

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 $9,973.58 in donations

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        June 12, 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. AVID to provide membership for college readiness program for Berkeley High School, 3 secondary schools as well as provide middle school language learners and high school college preparatory coursework for the period from 7/1/19 – 6/30/20. The cost will not exceed $26,46. To be paid from LCAP Supplemental Fund and Title III Funds. Requested by Pasquale Scuderi.
2. Advanced Trenchless to provide plumbing services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
3. Airteks to provide HVAC services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
4. American Eagle Enterprises to provide bleacher maintenance and repair services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $11,200. To be paid from Measure H. Requested by Steve Collins.
5. American Services to provide roofing services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
6. Anderson Carpet and Linoleum to provide flooring services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
7. Aramark Uniform Services to provide uniform laundry services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $11,000. To be paid from Measure H. Requested by Steve Collins.
8. Arborpro to provide tree inventory software and set-up for the Maintenance Department for the 2019-20 SY. The cost will not exceed $24,000. To be paid from Measure H. Requested by Steve Collins.
9. Bay Cities Pyrotector to provide fire systems inspections and services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $85,000. To be paid from Measure H. Requested by Steve Collins.
10. Berkeley Glass Center to provide window services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
11. Bill’s Ace Truck Box to provide and install interior vehicle accessories for the Maintenance Department for the 2019-20 SY. The cost will not exceed $13,000. To be paid from Measure H. Requested by Steve Collins.
12. Brightview Landscape Service to provide irrigation services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
13. Calco Fence to provide fencing repair services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
14. DeWalt Services to provide operable backboard services for the Maintenance Department for the 2019/20 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
15. Diablo Plumbing to provide plumbing services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
16. Dream Ride Elevator to provide elevator maintenance and repair services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $90,000. To be paid from Measure H. Requested by Steve Collins.
17. Facility Advisor to provide facility inspection software and set-up for the Maintenance Department for the 2019-20 SY. The cost will not exceed $10,952. To be paid from Measure H. Requested by Steve Collins.
18. Fernando D. Caldera, dba Bay Area Tree Care, to provide tree care services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
19. Golden Gate Fire Equipment to provide fire extinguisher services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
20. HY Floor & Gameline Painting, to repair and refinish wood floors as needed by the Maintenance Department for the 2019-20 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
21. Infocus Video to provide security camera repair services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
22. Jetmulch to install engineered wood fiber at elementary and preschools for the Maintenance Department for the 2019-20 SY. The cost will not exceed $12,000. To be paid from Measure H. Requested by Steve Collins.
23. Johnson Controls to provide fire alarm services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
24. Lloyd McKinney to provide A/V repair and installation services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
25. Roto Rooter to provide plumbing services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
26. Shoreline Environmental to provide HAZMAT services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
27. State Chemical Solutions to provide grease trap maintenance for the Maintenance Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
28. Sun Light & Power to provide solar power services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
29. Sunshine Gutters to provide gutter installation and repair services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
30. Syserco to provide HVAC services for the Maintenance Department for the 2019-20SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
31. Aramark Uniform Services to provide uniform laundry services for Operations for the 2019-20 SY. The cost will not exceed $20,000. To be paid from General Fund.Requested by Greg Williams.
32. Big 4 Rents to provide table and chair rental services for Operations for the 2019-20 SY. The cost will not exceed $10,000. To be paid from General Fund Requested by Greg Williams.
33. Certech Environmental Services to provide pest control services for Operations for the 2019-20 SY. The cost will not exceed $60,000. To be paid from General Fund. Requested by Greg Williams.
34. City of Berkeley Toxic Management Division to provide hazardous and toxic materials oversight services for the District for the 2019-20 SY. The cost will not exceed $13,000. To be paid from General Fund. Requested by Greg Williams.
35. City of Berkeley Transfer Station to provide transfer station and dumpster services for Operations for the 2019-20 SY. The cost will not exceed $75,000. To be paid by General Fund. Requested by Greg Williams.
36. InFocus Video to provide new security cameras and installation services for Operations for the 2019-20 SY. The cost will not exceed $50,000. To be paid by General Fund. Requested by Greg Williams.
37. Knorr Systems Inc. to provide inspection services and tri-annual cleaning with supplies for BHS pool for the 2019-20 SY. The cost will not exceed $18,120. To be paid from General Fund. Requested by Greg Williams.
38. Sentry Alarms to provide alarm monitoring services for Operations for the 2019-20 SY. The cost will not exceed $60,000. To be paid from General Fund. Requested by Greg Williams.
39. ServPro to provide fire and water cleanup and restoration services for Operations for the 2019-20 SY. The cost will not exceed $10,000. To be paid by General Fund. Requested by Greg Williams.
40. Shoreline Environmental Resources to provide Hazmat services for Operations for the 2019-20 SY. The cost will not exceed $40,000. To be paid by General Fund. Requested by Greg Williams.
41. The Home Depot Pro Institutional to provide repair to custodial equipment for Operations for the 2019-20 SY. The cost will not exceed $15,000. To be paid by General Fund. Requested by Greg Williams.
42. Increase in contract, PO#190789 to SVA Architects to provide legacy closeout services for the Longfellow Middle School. The Board originally approved $50,000 on June 27, 2018. The additional amount needed is $25,000 for a total amount of $75,000. 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 UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            June 12, 2019
SUBJECT:      Approval to purchase furniture from multiple vendors utilizing a Piggyback Contract from US Communities for Virco and Los Rios Piggyback Bid Contract 14-018 for Campbell Keller

BACKGROUND INFORMATION:
On May 29, 2019, the Board approved the Measure I Modification Plan.  The plan included a budget line of $294,000 to provide replacement furniture.  As a part of this request, Staff plans to provide furniture for spaces such as West Campus, VAPA, to Longfellow middle school CTE space (program startup), and provide replacement cafeteria tables for Washington as the larger project was postponed (John Muir received new tables in 2016 and Cragmont received new tables in 2018). Facilities will utilize funds from their respective budgets. Staff is requesting that the Board approve $125,000 of expenditures with Virco and $275,000 with Campbell Keller for Fiscal Year 2019.  We will also create small purchase orders with Schiffler Equipment, Lakeshore Learning, and Comseat, Inc. to purchase additional classroom furniture items not to exceed $25,000.

School districts commonly purchase furniture via piggybackable bids.  In this case, we would utilize Virco’s US Communities Cooperative Bid (expires on December 31, 2022) to purchase student and teacher classroom furniture and Los Rios bid 14-018 (expires in August 2019).

POLICY/CODE:
Public Contract Code 20118 and 20652

FISCAL IMPACT:

Contract award by this action:

$185,000 for the furniture line, $30,000 for cafeteria tables at Washington. $50,000 for Longfellow Makerspace, $100,000 from the West Campus Capacity, $60,000 from the VAPA project budget. All items are contained within the project budget.

STAFF RECOMMENDATION:
Approve a contract between BUSD and Virco in an amount not to exceed $125,000 Piggyback Contract from US Communities for Virco  and with Campbell-Keller in an amount not to exceed $275,000 Los Rios Piggyback Bid Contract 14-018. Approve smaller purchases with Lakeshore Learning, Comseat and Schiffler Equipment Not to exceed a combined $25,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        John Calise, Executive Director of Facilities        
DATE:         June 12, 2019
SUBJECT:  Approval to Enter into an Agreement with Grainger Industrial Supply to Continue to Purchase Maintenance Supplies in Conjunction with the State of California NASPO Value Point Contract (formerly Western State Contracting Alliance Bid)

BACKGROUND INFORMATION:
BUSD has utilized Grainger Industrial Supply under the State of California NASPO Value Point Contract bid for the past ten years to purchase a significant portion of our maintenance supplies.  The Board approved a not-to-exceed amount of $120,000 with Grainger for Fiscal Year 2018-2019.  We are requesting the same amount for Fiscal Year 2019-2020. 

POLICY/CODE: 
Board Policy 3310 

FISCAL IMPACT:
Cost to be paid from Measure H. 

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply for maintenance supplies for an amount not to exceed $120,000.        

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Donald Evans Ed. D., Superintendent
FROM:             Bonnie Christensen, Director of Nutrition Service
DATE:              June 12, 2019
SUBJECT:       Approval to Enter Into Agreements to Purchase Food Supplies for the 2019-20 SY

BACKGROUND INFORMATION:
Contract for perishable food items are exempt from formal bid requirements and suppliers who are able to provide the organic, locally grown, sustainable ingredients needed for our program are limited.  For the 2019-20 SY staff is requesting authority to purchase perishable food items from suppliers as follows: 

• Crystal Dairy to provide milk and juice, not to exceed $150,000
• City Baking to provide fresh baked breakfast items, not to exceed $200,000
• Greenleaf to provide fresh produce and other perishable goods, not to exceed $300,000
• Fourth Street Bagel to provide fresh baked goods, not to exceed $130,000

Contract for non-perishable food items are subject to formal bid requirements.  However, BUSD is a member of the Alameda Districts Food/Paper Cooperative, which competitively bids for these items and therefore, staff is able to purchase non-perishable food items from various suppliers.  For the 2019-20 SY, one contract will exceed the formal bid threshold.  We are requesting authority to contract with the following supplier:

•  Sysco Food Services to provide non-perishable foods and supplies, not to exceed $260,000

POLICY/CODE                                                                 
Board Policy 3310
Ed Code 29873

FISCAL IMPACT:
$1,040,000 is within the Cafeteria Fund Budget

STAFF RECOMMENDATION:
Approve contracts for food supplies as listed above

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:                  June 12, 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.  On May 22, 2019, the Board deliberated over the request for material revision, and directed REALM to amend its material revision with certain conditions set forth by the Board. REALM provided the amended material revision on May 31, 2019.

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. [The charter for the Fresno school recently was non-renewed.]

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.”

Standards for Evaluating a 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 (or, 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 … 

(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 …

(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 …

(C) The method by which pupil progress in meeting those pupil outcomes is to be measured …

(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 (from May 22, 2019 Board meeting):

(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? [The Fresno charter has been non-renewed.]

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

Summary of REALM’s Revisions to Material Revision

RECOMMENDATIONS FOR THE BOARD:
Take action to approve or deny the material revision. 

NEXT STEPS:
If necessary, the Board would take action on whether or not to revoke the REALM charter during the next agenda item.

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:

May 22, 2019-Action Item 15: REALM Charter School’s Requests for Approval of Material Revision – Action

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:
REALM Revised Request for Material Revision, Budget Summary

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Donald Evans, Ed.D., Superintendent
FROM:                   Pauline Follansbee, Assistant Superintendent
PRESENTERS:     Pauline Follansbee, Assistant Superintendent               
John R. Yeh, Attorney, Burke, Williams & Sorensen, LLP
DATE:                     June 12, 2019
SUBJECT:           REALM Charter School: Revocation 

PURPOSE:
Take action on whether to revoke REALM Charter, if necessary after the Board’s consideration of REALM’s Request for Material Revision.

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 April 10, 2019, the Board approved a Notice of Intent to Revoke REALM’s charter.  The Board conducted a public hearing on the Notice of Intent to Revoke on May 29, 2019. 

INCREASES IN PUPIL PERFORMANCE

Under Education Code section 47607(a)(2), the District is required to “consider increases in pupil academic achievement for all groups of pupils served by the charter school as the most important factor in determining whether to revoke a charter.”  The District has evaluated “increases in pupil academic achievement for all groups of pupils served by the charter school” in Exhibit C to the accompanying resolution.

RECOMMENDATIONS FOR THE BOARD:
If the Board determines that substantial evidence exists to support revocation of the charter, it can take action to revoke the charter, effective June 30, 2019, and adopt the findings contained in the attached resolution in support.  If the Board revokes the charter, REALM would have the right to appeal the revocation to the County Board of Education and, if necessary, the State Board of Education.

FISCAL IMPACT:
There is no fiscal impact

RELATED PAST BOARD ITEMS:

May 22, 2019-Action Item 15: REALM Charter School’s Requests for Approval of Material Revision – Action 

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 proposed resolution containing findings in support of revocation is attached.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:                Donald Evans, Ed.D., Superintendent
FROM:           Pasquale Scuderi, Associate Superintendent
DATE:           June 12, 2019
SUBJECT:     Local Control and Accountability Plan (LCAP) - Public Hearing 

BACKGROUND INFORMATION:
On April 24th, staff presented draft recommendations for the 2019-2020 draft LCAP. On May 22nd, staff presented the first draft of the LCAP template and the executive summary.  The version tonight reflects the recommendations from the Board, Ed Services, and the stakeholders.  Staff met with the Review Team from Alameda County Office of Education and received positive feedback on the draft plan that included requests on better articulating targeted supports for our McKinney-Vento students in addition to clarifying shifts made in supplemental funding. 

Highlights from the 2019 LCAP Planning Cycle:

Stakeholder Engagement

 With the guidance of the stakeholders, the impact on the LCAP was as follows: The Stakeholder groups (PAC, DELAC, EAC) requested more data presentations where every data point was broken out by Unduplicated student groups in order to quantitatively see the impact of the LCAP on each group.  Although we had a DELAC member as part of the PAC, next year, staff will engage the entire DELAC on a more regular basis with the PAC.  

Each priority point was measured by applicable metrics.  

The stakeholders also requested that district staff develop clearer roles and responsibilities for all LCAP Funded Positions.

This will be communicated to site administrators to increase accountability and to improve fidelity with implementation of the actions and services at each school site.   After a review of the student academic data, there was consensus from all stakeholders that there needs to be a larger investment in math intervention across all levels.  Reflectively, the stakeholders continue to support an increase in access to Restorative Practices, positive school culture and climates, stronger coordination of English language development and academic language development delivered in both designated and integrated instructional models, increased access to instructional materials and intervention materials, and increased parent engagement and education opportunities, and a goal for increased school attendance by Unduplicated students.

Increased Actions and Services:

?      TK-8 Coordination of School-Based Services TSA expanded FTE to focus on implementation of  Restorative Practices, Toolbox, Welcoming Schools, and Positive Behavior Intervention Support. 

?      Hire an African American Success Project Certificated Teacher focused at Longfellow Middle School to provide intensive support around students needs and attendance for an identified group of  African-American students.

?      Provide a supervisor and family liaisons for Office of Family Engagement and Equity (OFEE) for all TK - 5 schools and BHS to partner with parents and guardians to support their children’s education through collaborative connections and referrals to school and community resources, with a focus on McKinney-Vento students 

?      Have administrator for Berkeley Technology Academy focus on improving the graduation rate 

?      McKinney-Vento Counselor to case manage and provide direct service to our McKinney-Vento students particularly in the areas of chronic absenteeism at K-8 per state dashboard/technical assistance outcomes

ATTACHMENTS: 
Proposed LCAP Staffing Summary
Proposed LCAP Budget for 2019 

POLICY/CODE:
BP 0649

FISCAL IMPACT:
None at this time

STAFF RECOMMENDATION:
Review the draft of the Local Control and Accountability Plan and Budget.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        June 12, 2019
SUBJECT: Public Hearing for Preliminary Budget for Fiscal Year 2019-20

BACKGROUND INFORMATION:
Staff is presenting the Preliminary Budget Report for fiscal year 2019-20 to the Board for discussion. A Public Hearing on the preliminary budget will also take place. The 2019-20 budget must be approved by the Board prior to July 1, 2019. The 2019-20 Budget and any adjustments required, will be presented for approval by the Board at the next board meeting to be held on June 26, 2019. The following certifications may be assigned:

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

Staff prepared the preliminary budget, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The preliminary budget contains the following documents for review and consideration by the governing board and will be presented by staff:

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of Preliminary Budget
5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
6. Form 11I–67I for all other district funds
7. Form AI – Average Daily Attendance
8. General fund Multi-year projection using the MYP software (under separate cover)
9. Criteria and Standards

This Preliminary Budget along with the Multi-Year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years. Therefore, staff is presenting the Preliminary Budget to the Board with a positive certification.

The 2018-19 Estimated Actuals (budget) are also included with the Preliminary Budget, and includes adjustments made since 2018-19 Second Interim Budget.

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

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
The Preliminary Budget for 2019-20 is being presented to the Board for information

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Donald Evans, Ed.D.
FROM:                 Pasquale Scuderi, Associate Superintendent
PRESENTERS:     Francisco Martinez, Admissions Manager
Pasquale Scuderi, Associate Superintendent
DATE:              June 12, 2019
SUBJECT:             Update on Plan to Explore Revision to Middle School Assignment Process  

PURPOSE:
Update on possible options for rezoning middle school attendance zones.

BACKGROUND:
On April 10, 2019, the Board gave staff direction to conduct a review of steps that would be necessary, including a timeline, to consider possible revisions to the middle school assignment plan. 

Tonight staff will present preliminary scenarios and a draft timeline that would accompany a process leading to a possible Board decision on rezoning by November 2019, in time to take effect for the incoming 6th graders in Fall 2020.

ADDITIONAL BACKGROUND:
Our middle school assignment process has not been updated since 1999. 

Currently, the city is divided into two zones for the purpose of middle school assignments. Students who live in one zone are assigned to King and students who live in the other are assigned to Willard.  Longfellow is considered a “magnet”/choice school that can be requested by any Berkeley resident (although it has been over a decade since it received any magnet funds).  Longfellow is also home to BUSD’s two-way immersion (TWI) middle school program.

Our middle schools have had persistent disparities in demographics over the past several years, as demonstrated below. (“Unduplicated students” refers to students who are either low-income students, English learners, or foster youth.) King’s overall population has also been roughly twice the size of each of the other two middle schools.

Longfellow has been an outlier in terms of a higher concentration of unduplicated students. But Willard’s and King’s demographics have also been disparate, likely a reflection of the zoning boundary for middle school assignment (which has not been updated in over two decades).  In sum, while the populations of each elementary school in Berkeley, and the population of Berkeley High, reflect the demographics of the District as a whole, that is not the case with our middle schools.

While the District has made efforts to provide equitable and proportional funding where possible, it may be that the most equitable approach in the long-term, and the one that is most consistent with the District’s proud history of racial and socio-economic integration, is to make a structural change to the assignment plan to balance out the demographics of each middle school. 

Tonight

Staff will present preliminary concepts for adjustments to our middle school assignment plan to determine whether or not we should create three zones and assign students to each of the three zones according to residence. (Presumably, the TWI program could remain at Longfellow, and like our elementary school program, would be open to all Berkeley students regardless of residence. Also, any changes to the process would presumably be prospective - i.e., no current students would be moved from their school.)

The idea would be to draw three zone boundaries in the city that resulted in three middle schools that reflected the racial, ethnic, economic, educational, and linguistic backgrounds of our City, and reinforces our core BUSD value that diversity in our student population enriches the educational experiences of all students.  It is also possible that such a move could reduce some of the capacity constraints at King Middle School and Willard Middle school by reducing the population of that school to some extent.

Admissions staff has developed possible  middle school zoning maps that would account for the capacity differences at each middle school and would result in proportionally similar demographics at each school.

If we began a process now (one that includes ample opportunity for community input and engagement), the Board could make a decision by November 2019.  If the decision was to create a third middle school zone, that change could be made effective Fall 2020 for the 2020-21 school year.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Please provide any additional clarifying questions on the preliminary concepts and provide direction on next steps 

FISCAL IMPACT:
TBD

RELATED PAST BOARD ITEMS
April 10, 2019

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans, Ed. D., Superintendent
FROM:        Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:         June 12, 2019
SUBJECT:  Tentative Agreements with Berkeley Council of Classified Employees (BCCE) for Successor     Agreement for 2018-21

BACKGROUND INFORMATION:
The District and the Berkeley Council of Classified Employees (BCCE) are parties to a collective bargaining agreement that ended June 30, 2018. On May 2, 2019, representatives for the District and BCCE reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2021. The BCCE membership ratified this Tentative Agreement on June 7, 2019.

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

FISCAL IMPACT:
Cost increase of salary and benefits through 2018-19 was included in the AB1200 filed with the board on August 23, 2017.

STAFF RECOMMENDATION:
Approve the Tentative Agreements.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D, Superintendent
FROM:        John Calise, Executive Director of Facilities        
DATE:         June 12, 2019
SUBJECT:  Approval to Enter into an Agreement with The Home Depot Pro Institutional (formerly Supply Works) to Continue to Purchase Custodial Supplies as a Part of a Piggyback Bid with Fresno Unified through a US Communities Bid

BACKGROUND INFORMATION:
Home Depot Pro Institutional, formerly known as Supply Works, has been a District vendor for the past 11 years. The District has purchased custodial supplies, had equipment repaired and purchased custodial equipment from this vendor. We had Board approval to expend $260,000 for custodial supplies with this vendor last year 2018-19. We are requesting the same amount for Fiscal Year 2019-20.   

POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
Cost to be paid from the General Fund.

STAFF RECOMMENDATION:
Approve The Home Depot Pro Institutional for custodial supplies as part of the Fresno Unified School District Contract #17-21 through US Communities for an amount not to exceed $260,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Donald Evans, Ed.D., Superintendent
FROM:            Pasquale Scuderi, Associate Superintendent Educational Services
DATE:             June 12, 2019
SUBJECT:      New BHS AP Calculus-AB Textbook for Consideration (First Reading)

BACKGROUND INFORMATION:
The following edition, student support materials, and subsequent editions as needed, of the current AP Calculus-AB textbook is being recommended for adoption: Calculus for AP: A Complete Course, (2019) and future editions.

Title, Author:  

Calculus for AP: A Complete Course (2019). Authors: Stewart, Kokoska. Publisher: Thomson Brooks/Cole.

Description:

Berkeley High School is recommending this textbook to be used in the AP Calculus-AB course. The edition BHS currently uses was published in 2001.  

This updated edition was designed to the AP Calculus curricular framework and contains both highly regarded, current math teaching and AP exam preparation. It is on the AP Calculus approved textbook list.

This edition will update our AP Level math curriculum to meet current standards with more up-to-date data and samples.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$21, 958.59 for 130 copies, both new and pre-owned.

STAFF RECOMMENDATION:
Adopt the new textbook edition for Berkeley High School for the AP Calculus-AB course.

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.