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

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

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

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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Donald Evans, Ed.D., Superintendent
FROM:     Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
DATE:       June 26, 2019
SUBJECT:      Approval of Human Resources Reports

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Donald Evans, Superintendent
FROM:        Pasquale Scuderi, Associate Superintendent Educational Services
DATE:          June 26, 2019
SUBJECT:  Approval of AP Calculus-AB Textbook for Berkeley High School for Adoption-Berkeley  High School

BACKGROUND INFORMATION:
The following textbook was presented to the Board on June 12, 2019 for consideration and is now being recommended for adoption:   

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.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D., Superintendent      
FROM:       Natasha Beery, Director of BSEP and Community Relations
Pasquale Scuderi, Associate Superintendent for Educational Services
DATE:        June 26, 2019
SUBJECT: 2019-20 School Plans for Student Achievement

BACKGROUND INFORMATION:
The Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) allocates 10.25% of the available revenues annually for School Site Programs:

“The School Site Council (as described in Section 8.C) shall develop recommendations to allocate these revenues for the personnel, services and materials required to deliver effective and equitable opportunities for student engagement, enrichment, and achievement.” (Section 3.B.iii) 

The California Department of Education requires every school participating in school-based categorical programs to have a Board-approved School Plan for Student Achievement (SPSA) that must be revised annually based on current student data. The Principal at each site worked with School Site Councils (SSCs) to develop a comprehensive plan for the school, including the allocation of BSEP Site Program funds.

The total district-administered (non-donation) budget for these site plans is $3,989,235, of which BSEP Site Program Funds provide $2,934,852 in regular year allocations and $564,845 in carryover BSEP Site Program funds from previous years’ allocations. The 2019-20 BSEP funds were provided based on a per-pupil allocation of $285, a significant increase over the $260 provided in 2018-19. As a result, all but one site (Washington) saw an increase in BSEP Site Program allocations from 2018-19 to 2019-20. 

Strategic use of resources permits the funding of key elements in the plans. For example, each elementary school site contributes the funding for .25 FTE for a Literacy Coach from either BSEP site funds or Title I funds, while other district-wide BSEP funds contribute .75 FTE to round out a full-time Literacy Coach position at each elementary site.

SSCs begin the planning process with a review of student data from previous years, with the assistance of the Berkeley Research Evaluation and Assessment (BREA) Office. In addition, some SSCs chose to gather community feedback independently by conducting staff, family, and student surveys. One site conducted focus groups to solicit input from underrepresented community members. The District distributed a family engagement survey in March that focused on school climate and Local Control Accountability Plan (LCAP)-funded programs. Some SSCs were able to review the district survey results in April, though some sites were in the last stages of site and budget planning at that point and chose to use the data to inform next year’s process.

After reviewing data, the District’s LCAP-aligned goals and funding, and centrally allocated positions and programs, each SSC developed an action plan and identified strategies to address school needs using Federal Title I funds (if applicable), BSEP Site Discretionary funds, and any other available resources such as grants and PTA monies.

The Consolidated School Plan binder includes plans to expend Site Program funds for Early Child Education, each elementary and middle school, as well as Berkeley High, Berkeley Technology Academy and the Independent Study Program.

For PreK-8 schools, in addition to standard site plan expenditures such as academic and enrichment staff and materials/supplies, many sites continue to support mental and behavioral health needs through funding counselor salaries or counseling contracts. Several sites also increased funds for Math support and instruction.

Berkeley High School’s BSEP Site Committee, comprised of the principal, teachers, parents, students, and classified staff, was able to continue funding each of the existing programs from 2018-19 that re-applied for funding in 2019-20. Additionally, plans to spend over $185,000 of carryover funds for one-time expenses were also approved.

Each of the School Plans includes the following components:

• Cover page including the Purpose and Description of the Plan
• Surveys
• Classroom Observations
• Analysis of Current Instructional Program
• Standards, Assessment, and Accountability
• Staffing and Professional Development
• Teaching and Learning
• Opportunity and Equal Educational Access
• Parental Engagement
• Stakeholder Involvement
• Resource Inequities
• School and Student Performance Data
• Planned Improvements in Student Performance (goals, strategies, and proposed expenditures, annual review and analysis)
• School Site Council Membership
• Signed Recommendations and Assurances
• Attachment – School Site Budget Summary

The School Plans comply with the basic legal assurances for Title I as well as BSEP/Measure E1 of 2016. The Plans have been reviewed by Educational Services. The staff believes that each site has an understanding and ownership of its plan and has identified strategies to increase the performance of all students while accelerating the achievement of those who have not been succeeding in school.  

A summary of the 2019-20 School Plans for Student Achievement for BUSD schools was presented to the BSEP Planning and Oversight Committee for review on June 4, 2019. Copies of the comprehensive plans were delivered to each Board member, are posted online to each school’s website, and are also available in a binder located at the Superintendent’s Conference Room for public viewing.

POLICY/CODE:
Education Code 52850-52863
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1) Section 3.B.iii.

FISCAL IMPACT:
Approximately $3,989,235 in BSEP and Title I Site Program Funds. 

STAFF RECOMMENDATION:
Approve the 2019-20 School Plans for Student Achievement

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:         Donald Evans, Ed.D., Superintendent
FROM:        James Wogan, Manager Student Services            
DATE:         June 26, 20189
SUBJECT:  Approval of School Safety Plans                          

BACKGROUND INFORMATION:  Per California Education Code sections 32280-32289, in collaboration with the Berkeley Police Department and the Berkeley Fire Department, each school in Berkeley Unified School District (BUSD) develops and maintains a comprehensive school safety plan.  School Safety Plans are developed annually to address responsibilities for ensuring the safety and welfare of students and staff members.   In any emergency or disaster, public employees are designated as “disaster service workers.” Although individual plans and responses may differ at each school site based upon assessment of needs, School Safety Plans have the following components:

District and city emergency contact information
Planned actions for emergencies and disasters
Responsibilities and duties for school employees in the event of emergency

In the event of emergency, care for students and staff with special needs
Schedule for emergency drills and evacuation planning
Active shooter / armed intruder protocols (intentionally not posted online)
Title IX: sexual assault and sexual harassment - policies and procedures

Mandated reporting - child abuse and neglect

Bullying – policies and procedures

Student behavior / discipline including but not limited to suspension and expulsion

Dangerous students, staff notification (EC 49079)

Psychiatric emergencies / suicidal students

Bloodborne pathogens

Evacuation and reunification plans

School Safety Plans (2019-2020) include the frequency of emergency drills.  As in previous years, the final schedule of drills is submitted by principal to supervisor.  Earthquake preparedness day known as “The Great ShakeOut” is scheduled for October 17, 2019.

Each school year, the Berkeley Police Department and the Berkeley Fire Department hold regular planning meetings with school and school district officials to monitor and adjust plans for student and staff safety.  All BUSD schools have obtained approval from the School Site Council or School Safety Committee and completed School Safety Plans for 2019-2020. A copy of each School Safety Plan is located at the Berkeley Unified District Office, 2020 Bonar Street, Berkeley, CA 94702, Superintendent’s Conference Room.  School Safety Plans are available to review in person upon request to BUSD Student Services 510.883.5224. 

Related BUSD Board Policy: 3516             Related CA Education Code: 32280-32289

STAFF RECOMMENDATION:
Approve the School Safety Plans, 2019-2020

BERKELEY UNIFIED SCHOOL DISTRICT   

TO:              Donald Evans, Ed.D., Superintendent
FROM:         Pasquale Scuderi, Associate Superintendent, Educational Services
DATE:         June 26, 2019
SUBJECT:  Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Services (formerly BTSA)for 2019-2020

BACKGROUND INFORMATION:
Berkeley Unified School District provides Beginning Teacher Support and Assessment (BTSA)/induction program for new teachers in order for them to receive a “Clear” California teaching credential.

Prior to 2007-2008 each district received state funding for each teacher participating in the induction program.  These funds were sent to a local consortium and allocated out to districts to use to support their teacher induction costs.  After 2007-08 BTSA/induction was considered a Tier III program and the funds remained dedicated to BTSA, but not tied directly to the number of teachers receiving services.

Newark Unified received these funds and continued to allocate funds to the District and other consortium partners, but at a reduced amount. With the adoption of the Local Control Funding Formula, BTSA/induction funding is no longer provided as a line item allocation to sites or consortiums.  Based on this fact, Newark Unified determined it would no longer distribute funds to support the induction program.  BUSD researched several other local options to provide services that would meet our needs and possibly service our teachers better.  It was determined that Contra Costa County Office of Education (CCCOE) would be the best match.

Beginning in 2014-15, CCCOE provided induction services and support for new teachers including special education teachers.  Services from CCCOE will no longer be referred to as BTSA, but rather CCCOE Teacher Induction Program (TIP).

CCCOE charges BUSD $2,000 per participating teacher when BUSD provides the mentor, or $4,000 per participating teacher when CCCOE provides the mentor.

BUSD pays a stipend to the mentor teachers in the amount of $1,800. Currently staff is projecting 50 new year 1 and year 2 teachers in BUSD who qualify for or require TIP.  If additional teachers are hired that require support, the contract will be amended to include them.

POLICY/CODE:
Education Code Section 44259 – 22579

FISCAL IMPACT:
$273,110 in LCFF General funding will be used to support new teachers with the CCCOE Induction Program.

STAFF RECOMMENDATION;
Approve the Memorandum of Understanding with Contra Costa County Office of Education.

BERKELEY UNIFIED SCHOOL DISTRICT  

TO:              Donald Evans, Superintendent        
FROM:        Pasquale Scuderi, Associate Superintendent
DATE:         June 26, 2019
SUBJECT:  Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2019-2020

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR).   Funding is based on actual student attendance with each full day of student attendance generating revenue of $51.22 per day for our school age students and $51.84 for preschoolers.  Partial day rates are pro-rated to the full day rate.

The current contracts for services for each program are $3,153,060 for the California State Preschool Program (CSPP) and $1,944,288 Child Care Services (CCTR).

In order to enter into the contract, the Board is required to approve the attached resolution.  

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$5,097,348 in potential revenue for the Pre-School Child Development and School Age Child Care Program.

STAFF RECOMMENDATION:
Approve the Resolutions to Authorize the Contracts with the California Department of Education for the Childhood Development Programs for 2019-2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Donald Evans Ed. D., Superintendent
FROM:          Sheila Collier, Transportation Manager
DATE:            June 26, 2019
SUBJECT:    Approval of Contract Extension with American Logistics for Non-Public School (NPS) Transportation School Year 2019-20

BACKGROUND INFORMATION:
Since August 2014 the District has had a contract with American Logistics to provide transportation for students attending Non-Public Schools (NPS) which automatically renews each year. Over the past few years, cost increased due to increased number of students, being served and increase in wait time.  In 2018-19, estimated total cost exceeded the PO for 2018-19 services by $141,772.

FISCAL IMPACT:
The estimated annual cost of service under the contract extension for 2019-20 is estimated at $571,000 due to projected savings in operations. This cost includes the services for the Extended School Year of Summer 2019.

STAFF RECOMMENDATION:
Approve Purchase Order with American Logistics for School year 2019-20 in the amount of $571,000.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Donald Evans, Ed.D., Superintendent
FROM:      Jan Hamilton, Director, Special Education
DATE:           June 26, 2019
SUBJECT:     Approval of Master Contracts for Nonpublic School for the 2018-2019 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 39800
Board Policy 3310         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $25,900.00 funded from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Education
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            June 26, 2019
SUBJECT:    Approve PO Increases for Xerox Services and American Logistics 

PURPOSE:
To Increase Purchase Orders for Xerox Services and Special Education Transportation.

BACKGROUND:
The Board approved a contract for Xerox Services in the amount of $744,500 for the 2018-19 SY.  Invoices for the prior year totaling $172,244 were inadvertently paid from the Purchase Order (PO).  Staff is requesting an increase in the PO in the amount of $178,575.44 to cover the prior year invoices and an additional increase of $6,331 to cover increases in cost.

The Board approved a contract with American Logistics for Non-Public School (NPS) Transportation for Special Education students in the amount of $625,000.  Invoices for the prior year totaling $198,500 were paid from the PO.  In addition, as of January 2019, invoices were increasing due to additional students being served and charges incurred for wait time in the amount of $15,000 per month. Staff is requesting an increase of $288,500 to cover the prior year invoices and cost escalations.  

FISCAL IMPACT:
Increase in cost in the amount of $178,575.44 to be paid from the Technology Department operating budget, and $288,500 to be paid from the Special Education Transportation Budget.  

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve requests for increases in purchase orders for Xerox services and NPS services.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, ED.D Superintendent 
FROM: Dr. Jan L. Hamilton, Executive Director of Special Education     
DATE:    June 26, 2019  
SUBJECT: Approve SPG Contract For Special Education Services                       

BACKGROUND INFORMATION:
SPG will provide the necessary supports to students by providing the following services:

• Assign one Lead Board Certified Behavior Analyst (BCBA) Clinical Supervisor to serve as a single point person for BUSD to coordinate services as directed by district administrators
• Will ensure available dedicated and experienced Registered Behavior Technicians to provide consistent sub coverage
• Focus on fade plans for students that require 1:1 support when data and the IEPT support this action
• SPG’s Lead BCBA will provide monthly reports to the Executive Director of Special Education detailing progress toward the goal of fading one-to-one services for priority cases
• SPG will provide ongoing training and support the District’s initiative of continuing to build BIS capacity within the District

FISCAL IMPACT: $ 2,218,360

STAFF RECOMMENDATION:
Approve to support students’ needs per their IEP.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Donald Evans, Ed.D, Superintendent
FROM:             Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:              June 26, 2019
SUBJECT:       Approval of Legal Services Agreements for Fiscal Year 2019-20

BACKGROUND INFORMATION:
The following legal service agreements are being presented to the Board for approval: 

Fagen Friedman & Fullfrost to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services, Assistant Superintendent of Human Resources and Director of Special Education. The District will be utilizing these services for labor negotiations, personnel matters, student matters, general legal support and special education services.  The attorney rates are $290 to $325 per hour for Partners, $230 to $260 per hour for Associates, and $150 to $210 per hour for Paralegal/Law Clerks. This represents a $15.00 increase from 2018-19 per hour for all levels.

Atkinson, Andelson, Loya, Ruud & Romo, Attorneys to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Assistant Superintendent of Human Resources. The attorney rates are $290 to $315 for Partners and $280 per hour for Senior Associates and $270 for Associates and $205 to $230 per hour for Paralegal/Law Clerks/ Non-Legal Consultants. This is an increase of $10 to $15 per hour for all levels.

Burke, Williams and Sorreson, LLP to provide legal services as directed by the Superintendent, Assistant Superintendent of Human Resources and Assistant Superintendent of Business Services. The District will be utilizing these services for charter schools and personnel and student matters when needed.   The attorney rates are $270 per hour for Partners and $235 per hour for Associates. This is an increase of $5.00 per hour for all levels.

Dannis, Wolver and Kelley to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services and Director of Facilities.  The District utilizes these services primarily for Facilities Matters. The attorney rates are $265 to $360 per hour for Partners, $195 to $260 per hour for Associates, and $130 to $180 per hour for paralegals.  This is an increase of $25 to $40 per hour on all levels.       

Remcho Johansen & Purcell LLP to provide legal services as directed by the Superintendent, to work with Alameda County Registrar’s Office on a plan to implement Berkeley’s Measure Y1, the 2016 ballot measure for that would allow eligible 16 and 17 year olds to vote in Berkeley.  Hourly rate for M. Prinzing is $475.  Other Attorneys and paralegals are billed at rates commensurate with their experience.  Associate rates range from $330 to $400, paralegals bill at hourly rate of $160.         

Garcia Hernandez, Sawhney to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services.  The attorney rates are $225 to $250 per hour for attorneys’ with six to seven years’ experience and $160 for law clerks and $130 per hour for paralegals.         

POLICY/CODE:
N/A

FISCAL IMPACT:
Legal fees are estimated at an amount not to exceed of $570,000 for the General Fund and $172,000 within the Special Education Budget. Legal expenses related to the bonds will be paid for through the Building Fund not to exceed $150,000., and legal expenses related to developer fees will not exceed $15,000.

STAFF RECOMMENDATION:
Staff is requesting approval from the Board to enter into an agreement for Legal Services as listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Donald Evans, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        June 26, 2019
SUBJECT: Approve Listing of Warrants issued in May  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:
$4,475,078.46 for the month of May 2019 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         June 26, 2019
SUBJECT: Approval of Payroll Warrants Issued in May 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 May 2019.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,354,460.06, for May 2019 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in May 2019.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Board of Education
FROM:          Jay Nitschke, Director of Technology
DATE:          June 26, 2019
SUBJECT:  Approve expenditures for copiers, maintenance, andBPrintShop services

BACKGROUND INFORMATION:
On October 2017, the School Board approved and the district entered in to a five year contract for copiers, maintenance, and PrintShop copying and supplies with Xerox. This Board Document authorizes those expenditures for the 2019-20 school year.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310 

FISCAL IMPACT:
$699,000 to be paid for by the General Fund. 

STAFF RECOMMENDATION:
Approve 2019-20 expense of $699,000 for district’s contract with Xerox for site copying equipment, maintenance, and PrintShop copying.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed.D., Superintendent   
FROM:          Pauline Follansbee, Assistant Superintendent  
DATE:          June 26, 2019
SUBJECT:     Education Protection Account

BACKGROUND INFORMATION:
The voters approved temporary sales and income tax increases with Proposition 30 on November 6, 2012, and Proposition 55 on November 8, 2016 which allowed the sales tax increase to expire 2016 while extending the increased income tax rates through 2030 and created an Education Protection Account (EPA) in the State General Fund to receive and disburse the revenues derived from the incremental increase in taxes imposed by Proposition 30 and Proposition 55.

EPA funds represent a portion of our budget’s General Fund revenue that would have been cut if Proposition 55 had not passed, and do not represent increased revenue the District’s 2017-18 budget.  EPA is a reclassification of the state aid portion of the Local Control Funding Formula and is classified as unrestricted revenue

The creation of the EPA benefits cash flow patterns and it also has an accountability component.  Proposition 30 provides that all K-14 local agencies have the sole authority to determine how the funds received from the EPA are spent with the following provisos:

• The spending plan must be approved by the governing board during a public meeting.
• EPA funds cannot be used for the salaries or benefits of administrators or any other administrative costs.
• Each year, the local agency must publish on its website an accounting of how much money was received from the EPA and how the funds were expended.

In addition, there is a requirement for the annual financial audit to include verification that the EPA funds were used as specified by Proposition 55, and the additional cost of the audit would be an allowable expense from the EPA.

If EPA funds are not expended in accordance with the requirements of Proposition 30, civil or criminal penalties could be incurred.  For FY 2017-18 the District is scheduled to receive $10,388,167 in EPA funding which will be used for classroom teacher’s salaries and benefits.

The attached Resolution No. 19-042 details the provisions and requirements of the EPA.

FISCAL IMPACT:
The unrestricted General Fund will receive $8,465,095 in EPA funding that will be used for classroom teacher’s salaries and benefits. 

STAFF RECOMMENDATION:
Approve Resolution No. 19-042 and the receipt and use of EPA funding as outlined.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Donald Evans, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        June 26, 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. A Z Bus Sales to provide school bus repairs for Transportation Department for 2019-20 SY. The cost will not exceed $23,000. To be paid from General Fund. Requested by Sheila Collier.
2. Coast Counties Truck & Equipment Company to provide repairs for Transportation Department for 2019-20 SY. The cost will not exceed $10,000. To be paid from General Fund. Requested by Sheila Collier.
3. Cummins Pacific LLC to provide repair services for Transportation Department for 2019-20 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Sheila Collier.
4. Future Ford of Concord to provide repair services for Transportation Department for 2019-20 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Sheila Collier.
5. J & O Commercial Tire to provide repairs and replacement tires for Transportation Department for the 2019-20 SY. The cost will not exceed $32,000. To be paid from General Fund. Requested by Sheila Collier.
6. Kelly’s Truck Repair to provide repair services for Transportation Department for the 2019-20 SY. The cost will not exceed $22,000. To be paid from General Fund. Requested by Sheila Collier.
7. Peterson Power Trucks to provide repair services for Transportation Department for the 2019-20 SY. The cost will not exceed $12,500. To be paid from General Fund. Requested by Sheila Collier.
8. Seven Eleven Auto Body Shop to provide auto body repair services for Transportation Department for the 2019-20 SY. The cost will not exceed $20,000. To be paid from General Fund.
9. Safety Kleen to provide hazardous waste-oil deposal services for Transportation Department for the 2019-20 SY. The cost will not exceed $16,500. To be paid from General Fund. Requested by Sheila Collier.
10. San Leandro Tow to provide towing services for Transportation Department for the 2019-20 SY. The cost will not exceed $10,000. To be paid from General Fund. Requested by Sheila Collier.
11. Follett School Solutions, Inc. to provide Follet Hosted Services for Library Department for the 2019-20 SY. The cost will not exceed $17,675. To be paid from BSEPFund. Requested by Rebecca Todd.
12. Bay Area Community Resources to provide counselingservices to LCAP unduplicated and targeted students at Cragmont, Emerson, Jefferson, Malcolm X, Oxford and Thousand Oaks Elementary School for the period from 8/26/19 – 6/12/20. The cost will not exceed $78,000. To be paid from LCAP Funds. Requested by Pasquale Scuderi.
13. Child Therapy Institute of Marin to provide behavioral health services for LCAP unduplicated and targeted students at Berkeley Arts Magnet and Washington Elementary for the period from 8/26/19 – 6/12/20. The cost will not exceed $26,000. To be paid from LCAP Funds. Requested by Pasquale Scuderi.
14. Child Therapy Institute of Marin to provide professional development services to preschool staff for early intervention for the period from 8/26/19 – 6/12/20. The cost will not exceed $12,970. To be paid from Title 1 Funds. Requested by Pasquale Scuderi.
15. Lifelong Medical Care to provide behavioral health services for LCAP unduplicated and targeted students at Rosa Parks Elementary for the period from 7/1/19 – 6/30/20. The cost will not exceed $24,579. To be paid from LCAP Funds. Requested by Pasquale Scuderi.
16. Cyber High to provide access to client users for courses, curriculum, tools and resources for Berkeley High School and Berkeley Technology Academy for the period from 7/1/19-6/30/20. The cost will not exceed $24,579. To be paid from Instructional Materials Funds. Requested by Pasquale Scuderi.
17. Rudy’s Commercial Refrigeration to provide repair services for the Nutrition Services Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $30,000. To be paid from Cafeteria Fund. Requested by Bonnie Christensen.
18. Harris School Solutions to provide Etrition cafeteria serving line support for the Nutrition Services Department for the period from 7/1/19-6/30/20. The cost will not exceed $26,840.03. To be paid from Cafeteria Fund. Requested by Bonnie Christensen.
19. Ojo Technology, Inc. to provide security camera licenses, cameras and installation services for Operations Department for the 2019-20 SY. The cost will not exceed $15,000. To be paid by General Fund. Requested by Greg Williams.
20. Construction Testing Services to provide DSA testing for the VAPA Project at West Campus. The cost will not exceed $20,930. To be paid from Measure I. Requested by John Calise.
21. David R Callahan Inspections to provide inspection services for Rosa Parks roof project. The cost will not exceed $45,000. To be paid from Measure I. Requested by John Calise.
22. One Source Engineering to provide boiler services for the Maintenance Department for the period from 7/1/19 - 6/30/20.The cost will not exceed $80,000.To be paid from Measure H.Requested by Steve Collins.
23. DRT Paving to provide paving services for the Maintenance Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $65,000. To be paid from Measure H. Requested by Steve Collins.
24. Baker Vilar Architects to provide architectural design services for the Transportation Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $40,000. To be paid from Measure AA. Requested by John Calise.
25. Byrens Kim Designs to provide hardware consulting services for the Facilities Department for the 2019-2020 SY. The cost will not exceed $52,000. To be paid from Measure I. Requested by John Calise.
26. West Interactive to provide School Messenger phone, email, and SMS communication system for Technology Department for the 2019-20 SY. The cost will not exceed $15,253.50.To be paid from General Fund. Requested by Jay Nitschke.
27. Comcast to provide Wide Area Net services and data transport of internet traffic to the Alameda County Office of Education for the period from 7/1/19 – 6/30/20. The cost will not exceed $88,000. To be paid from General Fund. Requested by Jay Nitschke
28. Xterra Solutions to provide network security and troubleshooting services for the period from 7/1/19 – 6/30/20. The cost will not exceed $18,000. To be paid from General Fund. Requested by Jay Nitschke.
29. Quintessential School Systems to provide Financial and Business systems software for 2019-20 SY. The cost will not exceed $96,276.66. To be paid from General Fund. Requested by Jay Nitschke.
30. Illuminate Ed to provide student information system tracking student grades, attendance, discipline and other data for the period from 7/1/19 – 6/30/20. The cost will not exceed $61,318.75. To be paid from General Fund. Requested by Jay Nitschke.
31. CSM Central to provide eRate consulting services for the Technology Department for the period from 7/1/19 - 6/30/20. The cost will not exceed $21,600. To be paid from General Fund. Requested by Jay Nitschke.
32. Alameda County Office of Education to provide monthly broadband internet service for the period from 7/1/19 - 6/30/20. The cost will not exceed $15,136. To be paid from General Fund. Requested by Jay Nitschke.
33. Jon Morgan to provide QSS system support for HR and Finance systems for the period from 7/1/19 – 6/30/20. The cost will not exceed $20,000. To be paid from General Fund. Requested by Jay Nitschke.
34. Bay Area Community Resources to provide Americorps staff members to support students at Willard and Longfellow Middle Schools for the period from 8/26/19 - 6/12/20. The cost will not exceed $54,000. To be paid from BSEP and BSEP Carryover Funds. Requested by Debbie Dean and Stacey Wyatt.
35. Museum of Children's Art to provide fundamental visual arts skills for students at Jefferson and Thousand Oaks Elementary schools for the period from 8/26/19 - 6/12/20. The cost will not exceed $34,200. To be paid from Restricted Donations and BSEP VAPA fund. Requested by Mary Cazden and Jacqueline Parker.
36. Lifelong Medical Care to provide behavioral health services for LCAP unduplicated and targeted students at Rosa Parks Elementary for the period of 8/26/19 - 6/12/20.The cost will not exceed $13,000.To be paid from LCAP funds.Requested by Pasquale Scuderi.
37. Lifelong Medical Care/Rosa Parks Collaborative to provide family resource center services for Rosa Parks for the period from8/26/19 - 6/12/20. The cost will not exceed $50,800. To be paid from Restricted Donations and BSEP Fund. Requested by Paco Furlan.
38. Growing Leaders to provide project based learning class at Willard Middle School for the period from 8/26/19 - 6/12/20. The cost will not exceed $26,000. To be paid from BSEP and BSEP Carryover Funds. Requested by Debbie Dean.
39. Mills Teacher Scholars to provide professional development consultation for Willard Middle School for the period from 8/26/19 - 6/12/20. The cost will not exceed $30,000. To be paid from BSEP Fund. Requested by Debbie Dean.
40. Village-Connect, Inc. to provide cultural enrichment consulting at Berkeley Technology Academy for the period from 8/26/19 - 6/12/20. The cost will not exceed $10,000. To be paid from Title 1 Fund. Requested by Heidi Weber.
41. Anna Rainer to provide visual art integration coaching at Oxford Elementary School for the period from 8/26/19 - 6/12/20. The cost will not exceed $28,800. To be paid from Restricted Donations and BSEP VAPA Fund. Requested by Beth Rhine.
42. Downtown Berkeley YMCA to provide physical education activities for Berkeley Arts Magnet Elementary School for the period from 8/26/19 - 6/12/20. The cost will not exceed $22,365. To be paid from Restricted Donations. Requested by Rene Molina.
43. Kala Art Institute, to provide Visual Arts Professional Development and Direct Services for Berkeley Arts Magnet for the period from 8/26/19 - 6/12/20. The cost will not exceed $25,000. To be paid from Restricted Donations and BSEP VAPA Fund. Requested by Rene Molina.
44. Performing Arts Workshop to provide learning experiences to all students for artistic and creative development at Berkeley Arts Magnet for the period from 8/26/19 - 6/12/20. The cost will not exceed $25,000. To be paid from Restricted Donations. Requested by Rene Molina.
45. Lisa Krones-Whalen to provide art instruction coaching for Rosa Parks Visual Arts for the period from 8/26/19 - 6/12/20. The cost will not exceed $12,000. To be paid from Restricted Donation and BSEP Fund. Requested by Peter Gidlund.
46. Community Resources for Science to provide mentoring and project coordination of “Be A Scientist” program at Longfellow, Willard and King Middle School for the period from 8/26/19 – 6/12/20. The cost will not exceed $20,000. To be paid from LCAP and BSEP funds. Requested by Natasha Beery.
47. Community Alliance for Learning to provide on-site coordination of WriterCoach program for Willard, King and Longfellow Middle Schools for the period from 8/26/19 - 6/12/20. The cost will not exceed $56,200. To be paid from BSEP and BSEP Carryover Fund and Restricted Donations. Requested by Natasha Beery.
48. The Mosaic Project to provide food, lodging and curriculum for Cragmont and Rosa Parks Elementary students while on field trips to the Mosaic Camp during the 2019-20 SY. The cost will not exceed $45,600. To be paid from Restricted Donations. Requested by Michelle Sinclair and Paco Furlan.
49. Jamal Williams to provide conflict resolution and restorative practices training to staff and support for students at Washington Elementary School for the period from 8/26/19 - 6/12/20. The cost will not exceed $15,000. To be paid from Restricted Donations. Requested by Katia Hazen.
50. Julie Crothers to provide leadership and demonstrations in yoga, stretching and movement to complement PE instruction at Washington Elementary School for the period from 8/26/19 - 6/12/20. The cost will not exceed $13,600. To be paid from Restricted Donations. Requested by Katia Hazen.
51. Frontline Technologies Inc. to provide the substitute management system (AESOP) utilized by the Human Resources Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $25,000. To be paid from General Fund. Requested by Evelyn Bradley.
52. Cal Live Scan to provide fingerprinting rolling services for Human Resources Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $15,000. To be paid from General Fund. Requested by Evelyn Bradley.
53. Illuminate Education to provide reporting tools to simplify the data analysis process for BUSD for the period from 7/1/19 – 6/30/20. The cost will not exceed $88,000. To be paid from BSEP Fund. Requested by Pasquale Scuderi.
54. Neogov to provide paperless onboarding services for Human Resources Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $15,000. To be paid from General Fund. Requested by Evelyn Bradley.
55. Hobsons, Inc. to provide career and transcript delivery for high school students during 2019-20 SY. The cost will not exceed $12,582.12. To be paid from General Fund. Requested by Jay Nitschke. 

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Donald Evans, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          June 26, 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 $2,218.26 to 18-19 Strategic Impact Grant 6-712 to Lori Barnes “Next Generation Science Standards for the Next Generation.
2. Berkeley Public Schools Fund donated $448.79 to Tracey Iglehart for time spent working on 2020 Vision Math Groups project.
3. Berkeley Public Schools Fund donated$655 to Janine Herbertson “Connecting Educator Mindset with Achievement Gaps”.
4. The Benevity Community Impact Fund/ Kaiser Permanente.Employee Matching Program.
5. William Hamilton donated $687.50 to Thousand Oaks Principal’s Discretionary Fund.
6. Wells Fargo Your Cause donated $220 to Thousand Oaks Principal’s Discretionary Fund.
7. Berkeley Public Schools Fund donated $231.81 to 17-18 Strategic Impact Grant 1-706 to Valerie Gutwirth for BUSD Dance PLC.
8. Berkeley Public Schools Fund donated $154.90 to 18-19 Music Scholarship #15-952 for student Marcelo Garcia-Sarraf.

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 $4,791.26 in donations.

TO:         Donald Evans Ed.D., Superintendent
FROM:          Pauline Follansbee, Deputy Superintendent
DATE:            June 26, 2019
SUBJECT:      Approval of Afterschool Provider for Jefferson Elementary School

BACKGROUND INFORMATION:
Bay Area Community Resources (BACR) has previously provided fiscal and program management services to the JAZ Afterschool program starting in school year 2010-11 and continuing through most of 2016-17 and during the entire 2017-18 school year.

Staff is requesting the Board to approve renewal of agreement with Bay Area Community Resources (BACR) as the afterschool provider and fiscal agent for Jefferson Elementary After School program effective July 1, 2019 for two years.  BACR is the best choice due to their experience with the JAZ program and continued support from the Jefferson school staff and community.  The Principal, Afterschool Program Supervisor and Assistant Superintendent of Business Services will meet quarterly during the school year to provide program and fiscal oversight as done in prior years.  The JAZ parent community supports the renewal of this agreement.

BACR has been providing after school programs for over two decades. Currently BACR operates programs at 26 schools in Oakland, 15 schools in West Contra Costa, 5 schools in Alameda, 6 schools in San Rafael, 12 schools in San Francisco and 11 in Mt. Diablo.  BACR is the fiscal sponsor for over 40 schools in the Bay Area and the District’s vendor for mental health services.

POLICY/CODE:
N/A

FISCAL IMPACT: 
BACR will be receiving 15% administrative fee annually from parent fee revenue.  

STAFF RECOMMENDATION:
Staff is requesting approval to enter into an agreement with Bay Area Community Resources for fiscal year 2019-20 and 2020-21. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Donald Evans, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities
DATE:        June 26, 2019
SUBJECT:  Approval of Sustainability Plan Development Contract with Strategic Energy Innovations

BACKGROUND INFORMATION:
On November 14, 2018, Board approved the Sustainability Plan which includes hiring consultants for development and implementation as well as the formation of a Sustainability Committee.  The District will complete a six-month contract with Norcal Resilience for waste reduction on June 30, 2019.

On May 14, 2019, a Request for Qualifications/Proposals (RFQ/P) was issued for Sustainability Plan Development for the 2019-20 SY.  Three firms submitted proposals.  The proposals were scored by staff.  Based on our evaluation, we recommend approval of contract with Strategic Energy Innovations.

FISCAL IMPACT:
$74,400 to be paid from Measure H; $27,000 to be paid from General Fund (approved at November 14, 2018 Board meeting); and $13,600 to be paid from waste reduction grant.  

STAFF RECOMMENDATION:
Approve contract with Strategic Energy Innovations.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       John Calise, Executive Director of Facilities
DATE:        June 26, 2019
SUBJECT:  Approve change order for Energy Service Contract with Clear Blue Energy Corporation for the lighting projects covered under Proposition 39

BACKGROUND INFORMATION:
On April 10^th, 2019 the Board approved entering in to an energy services construction contract with Clear Blue Energy under Government Code Section 4217.  This contract is for the upgrade and retrofit to the interior lighting systems at 6 different campuses across the District.  The upgrades at these campuses were approved through The Districts Energy Efficiency Expenditure Plan approved by the California Energy Commission. The initial cost of this contract which was approved on April 10^th is $463,360.

As discussed during the RFP selection interviews, the bid walks revealed discrepancies between the initial audit that was completed by the engineering firm who wrote the Energy Expenditure Plan and the actual conditions at the sites.  A new audit conducted by the contractor and the District revealed additional scope to be done within the classrooms to complete the projects at the 6 campuses approved in the Energy Expenditure Plan.  This change order reflects the balance of the lighting within the classrooms and the changes required to complete this project.

FISCAL IMPACT:
The total cost of the change order is $190,341.21. Costs to be paid from Clean Energy Proposition 39 is $180,785. The Measure H contribution will be $9,556.21.     

STAFF RECOMMENDATION: 
Approve the change order for the lighting projects.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities
DATE:           June 26, 2019
SUBJECT:  Approval of Van Pelt Construction Services for Multiple BUSD Construction Projects for Services Beginning July 1, 2019 

BACKGROUND INFORMATION:
The District has utilized Van Pelt Construction Services since 2011 to provide project and construction management services.  Staff is recommending that we continue to use fixed fee contracts for all but the program management services.  The extent of program management services varies between projects.   The types of services may be OPSC coordination, assistance with master planning, budgeting assistance, Prop 39 consulting and developer fee assistance.  For the purpose of this approval, staff has estimated that 80% of the cost of the program management will be in Measure I, 10% will be in the Prop 39 budget and 10% will be in the developer fee budget. 

Staff recommends fixed fee contracts as they allow for better budgeting, provide incentives to the firm to manage their own expenses better and simplify our accounting.  The following projects and fees are being recommended:

Sylvia Mendez Roof                $15,000

BHS Temp Housing                $87,500

Prop 39 Projects                     $70,000

Elm. Door locks phase 2         $30,000

The industry standard for these services is 8% of the planned construction costs.  Staff analyzed the project management/construction management costs from the inception of the projects through this proposed approval.  Staff has negotiated a total amount less than the industry standard for all projects. The remainder of the projects are in the 5-7% range depending on size and degree of programming required. 

POLICY/CODE:
Board Policy 3310.

FISCAL IMPACT:
Contract award by this action:

$52,833 to be paid from Measure H
$132,500 to be paid from Measure I Bond Funds
$17,167 from Measure AA Funds

STAFF RECOMMENDATION:
Approve a contract with Van Pelt Construction Services for the projects listed above.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Donald Evans, Ed.D, Superintendent
FROM:       John Calise, Executive Director of Facilities
DATE:        June 26, 2019
SUBJECT:  Approve the add-service contract fee for Baker Vilar Architects for Architectural services on the legacy project closeout at Rosa Parks

BACKGROUND INFORMATION:
On June 13, 2018 the Board approved the contract with Baker Vilar for architectural services for the legacy closeout project for Rosa Parks ES.  That approval was based on the typical DSA requirements and contract administration work for a total of $210,000.  Since that time, other conditions and deficiencies have been identified and need to be remedied to obtain closeout certification through DSA.

This add-service to the original contract addresses the additional design efforts and time required by the architect to ensure that the project received the necessary approvals and that the contractors met the requirements as set forth by DSA. To proceed with the project as outlined, staff is requesting an increased authority of $110,000.  

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT: 
All costs are contained in the Measure AA Bond Fund.

STAFF RECOMMENDATION:
Increase the authorization for Baker Vilar by $110,000 for the legacy project closeout at Rosa Parks. If approved, the new authorization for this project will be $320,000. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Donald Evans, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            June 26, 2019
SUBJECT:      Approval to enter into a contract for pre-development services for workforce housing with the RCD 

BACKGROUND INFORMATION:
On April 10^th,2019, the Board approved the RFP to be released for the pre-development work needed to work towards the development of workforce housing.  The scope of the services includes a feasibility analysis, analyzing zoning constraints and opportunities, legal consultation pertaining to entitlements, conceptual renderings, yield determination, financing mechanisms, governance and next steps to include the release of an RFP for development services.  Additionally, community outreach and engagement is also included in the scope of services. 

On April 30^th the City of Berkeley City Council voted to accept the recommendation of the City’s Housing Authority Commission and authorize $150,000 from city funds for use by BUSD to engage in the pre-development work needed to move forward into the development phase. 

On June 17^th 2019, the Facilities Department facilitated panel interviews with 3 of the firms that responded to the RFP.  These firms had scored the highest ranking based on the scoring system used when reading through all of the firms RFP responses.  RCD Scored the highest during the interviews and all panel members were comfortable to move forward with recommending them to the BUSD Board.

FISCAL IMPACT:
Initial fee estimate based on anticipated scope and process $132,500.
Staff is requesting an authorization up to $150,000 to allow for additional services if determined to be necessary. 

Funding for this contract will be paid for with the funds allocated for this purpose by the City of Berkeley.

STAFF RECOMMENDATION:
Approve entering into a contract with RCD for the projects listed above. 

BERKELEY PUBLIC SCHOOLS

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:36pm. 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 Alper, items 12.9 and 12.10 were moved to action; items 12.14and 12.15 were pulled to be approved at the following Board meeting. 

Motion to approve the agenda as amended:
Alper/Brown and approved 5-0. 

REPORT CLOSED SESSION

Vice President Leyva-Cutler reported out on closed session: 

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

Claim No. EMP1401173

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

Claim No. DSC1503595

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

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

BCCE
BFT
UBA 

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

Conference with Legal Counsel – Anticipated Litigation (Government Code Section 54956.9(c)) – One (1) Potential Case
The Board discussed this matter; no action was taken.

Public Employment Appointment (Government Code Section 54957)
Superintendent
Motion to appoint Dr. Brent Stephens as BUSD’s superintendent:
Brown/Sinai and approved 4-0.

Snapshot of Our Schools
Emerson Principal Susan Hodge, RTI and Literacy Intervention staff presented on the ways they have succeeded at coordinating their services to target the whole child.

Snapshot was followed by a special presentation by the Young, Black and Gifted (YBG) student group. 

PUBLIC TESTIMONY
A total of people addressed the Board: 

·      One comment in support of resolution calling for climate change action.

·      Three comments in support of green dot training.

·      One comment in support of affordable housing for BUSD employees.

·      One comment regarding complaint process

·      Two comments in support of funding the Young, Gifted and Black (YGB) program.

·      One comment in support of increased employee compensation.

·      Three comments in support of REALM.

·      One comment advocating for more support for full inclusion.

UNION COMMENTS

BCCE member Mark Ramia read aloud a statement on behalf of BCCE President Linnette Robinson.

BFT President Cathy Campbell congratulated Dr. Stephens for his appointment. She encouraged the community to join BFT in Sacramento for a day of action dedicated to advocacy around increased funding to public education.

COMMITTEE COMMENTS

PTA Council President Mara Kolesas wished a farewell to Dr. Evans and welcomed Dr. Stephens on behalf of the PTA council.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Brown thanked YGB for their presentation. She expressed how inspired she is by board President Judy and Allison’s tenacity as they continue to recover. She shared that the BHS African American studies department will hold its last event as part of its 50th anniversary celebration on May 18. She wished all teachers a happy teachers’ appreciation week. 

Director Sinai welcomed Dr. Stephens and thanked YGB for an inspiring presentation. She reported that City Council has approved a $150,000 grant for the purpose of moving forward with plans for employee housing. The City is set to further explore two of BUSD’s properties with the goal of presenting a completed plan by fall of next year. 

Director Hariri welcomed and congratulated Dr. Stephens on his appointment as superintendent. He shared that he will be attending Harvard in the fall.

Vice President Leyva-Cutler thanked all of the students who addressed the Board and presented tonight. 

Superintendent Evans thanked YGB for its presentation and added that funding for YGB will continue. He shared feeling overjoyed to see President Judy Appel and her wife in the audience and Allison. 

CONSENT CALENDAR
Motion to approve the Consent Calendar: 

Alper/Sinai and approved 5-0.

Approval of Superintendent’s Employment Contract – Action
Time allotted: 15 min
Actual time: 2 min 

Motion to approve Dr. Stephen’s employment contract with an annual salary of $239,000 including increase of $1,600 after first year, $3,350 after second year, and $3,550 after third year.

Alper/Sinai and approved 5-0. 

Second Public Hearing on REALM Charter School’s Request for Material Revision—Time Certain: 9PM (will begin no earlier than 9PM) – Discussion
Allotted time: 70 min
Actual time: 115 min 

Vice-President Leyva Cutler opened public hearing at 9:20PM. 

A total of 8 people addressed the Board in support of REALM’s request for Material revision

BUSD’s Legal Counsel John Yeh explained that REALM’s request for material revision is happening parallel to BUSD’s issuance of notice of intent to revoke REALM’s charter. He provided context relative to REALM’s history under the District’s oversight, noting that REALM’s material revision involves a proposed merger with Compass. Legal Counsel Yeh highlighted some of the concerns that staff has identified relative to the Material Revision including great debt, the proposal for a non-classroom based program, and whether REALM’s instructional minutes comply with ed code. 

REALM Executive Director Victor Diaz and Compass Superintendent JJ Lewis presented their curricula and the academic plan set in place should the merger be approved. Their presentation provided responses to questions posed by BUSD concerning ed code compliance.

Questions and discussion followed.

Motion to extend the meeting until midnight:
Alper/Hariri and approved 5-0.

A total of 10 people spoke in support of REALM 

Public Hearing closed at 11:15PM

REALM Charter School’s Request for Approval of Material Revision – Action
Allotted time: 20 min
Actual time: 5 min 

There was consensus among the Board to not take action tonight.

Sinai moved to postpone voting on this item to the May 22 meeting; ; motion seconded by Brown, and carried on a 4-1-0 vote:

Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Siniai, Director -- Yes
Arvin Hariri, Student Director, BHS – No 

Public Hearing on Notice of Intent to Revoke REALM’s Charter – Time Certain: 10PM (will begin no earlier than 10PM) – Discussion
Allotted time: 10 min
Actual time: 0 min 

Mr. Diaz agreed to extending the public hearing on notice of intent to revoke charter by 30 days.

Public Hearing for and Approval of Resolution 19-032 to Enter into an Energy Service Contract with Schneider Electric for the Heating Controls Project at Three Sites as Covered Under Proposition 39

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

Public Hearing for and approve of Resolution 19-033 to Enter into an Energy Service Contract with Schneider Electric for the Equipment Replacement at the BHS Jacket Pool as Covered Under Proposition 39 

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

Local Control and Accountability Plan (LCAP) Plan for Supplemental Budget for 2019-2020 – Action
Allotted time: 20 min
Actual time: 5 min 

Associate Superintendent Scuderi recapped the proposed positions presented on April 24. They are now being presented for approval. 

Motion to approve LCAP plan for supplemental 2019-20 budget:
Alper/Hariri and unanimously approved 5-0. 

ADJOURNMENT: 12AM

BERKELEY PUBLIC SCHOOLS

]

Official Minutes

Vice President Leyva-Cutler state that tonight’s meeting will be chaired by Student Director Arvin Hariri. Hariri called the meeting to order at 7:30pm. He reported that the Board convened to Closed Session at 7:15pm.

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

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

REPORT CLOSED SESSION

Vice President Leyva-Cutler reported out on closed session:

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

Berkeley Federation of Teachers (BFT)
The Board discussed and gave direction. No action was taken.

Union of Berkeley Administrators (UBA)

The Board did not complete its discussion on this matter and will recess back to closed session following open session. 

PUBLIC TESTIMONY
A total of 12 people addressed the Board: 

11 comments in support of of REALM Charter’s request for material revision. 

One comment regarding change to after school transportation fee. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS 

Director Sinai apologized to the school community about information that had prematurely gone out regarding changes to after school bussing. She stated that staff will draft a revised proposal that will be presented at the May 29 meeting. She went on to thank Associate Superintendent Scuderi and Director Riddle for meeting with Longfellow about the kind of support needed as we move forward with middle rezoning efforts. She closed by expressing feeling inspired after joining fellow board members, teachers and students in Sacramento as they advocated for adequate funding. 

Director Alper thanked Associate Superintendent and Superintendent for the work that went into planning for teachers’ absences today while they participated in Sacramento.

Vice President Leyva-Cutler thanked all district staff who supported the schools today.

Superintendent Evans thanked the Board for participating in Sacramento and representing Berkeley. He also thanked staff and principals for their great work in covering classes. He closed by acknowledging all classified employed in honor of classified employee week.

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

Local Control and Accountability Plan (LCAP): Request Approval of Proposed One-Time Expenditures for 2019-2020 – Action
Allotted time: 10 min
Actual time: 7 min 

Associate Superintendent presented proposed list of prioritized one-time expenditures from LCAP carryover funds for school year 2019-20 totaling $327k in proposals. Questions and discussion followed. 

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

Sustainability Plan Update – Discussion
Allotted time: 25 min
Actual time: 30 min 

Stephen Collins provided an update on BUSD’s sustainability plan. He highlighted success in waster reductions and energy savings. Questions and discussion followed. 

REALM Charter School’s Request for Material Revision Approval – Action
Allotted time: 30 min
Actual time: 62 min

BUSD legal Counsel John Yeh and Assistant Superintendent of Business Services explained that since its last presentation REALM and Compass have provided additional information. They noted that since then, BUSD has also learned that Fresno USD will not be renewing its charter with Compass. Yeh added that under the new agreement, should it become necessary, a public hearing for revocation would occur on May 29 with the goal of taking action on June 12. Questions and discussion followed 

A majority of the Board agreed to approve the material revision with a set of conditions including that REALM: 

• Does not fully become an online only program
• Prioritize training for REALM teachers to be considered for online teaching opportunities 
• Hold at least one of its Compass’ board meetings in Berkeley
• Includes a contingency plan in the event that enrollment projections don’t materialize
• Begins a budget reduction process
• Consults with BUSD before making any programmatic and operational decisions
• Maintains graduation rates above the county and state’s
• Prioritize diversity in independent study teacher pool
• Conducts monthly audit of material revision to ensure its conditions are being met.
• Keeps to no more than 5% of middle school and no more than 16% of high school enrollment in online classes.

A majority of the board expressed feeling comfortable approving material revision with the aforementioned conditions.

Deadline for REALM to submit material revision inclusive of conditions will be by noon on May 31^st. 

Motion to extend meeting to 11:30pm;
Alper/Sinai and approved 5-0.

Approval of Amended Superintendent’s Employment Contract – Action
Allotted time: 5 min
Actual time 2 min 

Alper moved to approve amended contract for Dr. Stephens with annual salary of $239,000, including an increase of $1,600 after the first year and an increase of $3,350 after the second. Motion was seconded by Brown and carried on a 5-0 vote.

Extended Public comment:
One comment in support of the sustainability plan. 

ADJOURNMENT:
11:25pm

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Donald Evans, Ed.D., Superintendent
FROM:         Pasquale Scuderi, Associate Superintendent
PRESENTERS:  Pasquale Scuderi, Associate Superintendent
Maggie Riddle, Executive Director, K-8 Schools
Sumeyye Cardakli, 9th Grade Math Coordinator
Traci Igleheart, K-5 Math Coach
Ryan Keely, Middle School Math Coach
DATE:              June 26, 2019
SUBJECT:         Math Improvement Strategies
PURPOSE:       Discuss Current Math Outcomes and Potential Improvement Strategies

BACKGROUND:Discussions this spring with math teacher leaders, administrators, and district staff have centered on ways to improve outcomes in mathematics for kids across the system and across grade levels. Parent groups have also expressed a strong interest in a deeper examination of math instruction and curriculum as well across BUSD.

The discussions this Spring were preliminary, and have focused on identifying several potential improvement areas in mathematics that should be explored collaboratively by teachers, principals, subject area experts, and district staff moving forward. The persistent struggle with math outcomes across all grade levels, as identified by both assessments and grades, warrants a deeper look at potential ways to rethink, restructure, and be innovative in our approach to mathematics so as to improve the experiences and outcomes for all students in this critical subject area. 

Additionally, the staff involved in the discussions was in broad agreement that the approach to improving mathematics instruction and outcomes needs to be prospectively approached as a system-wide challenge and strategic planning for improvement should be done in a collaborative and integrated way with staff across the K-12 continuum

Tonight’s presentation will include a brief discussion of the following challenges or improvement areas and some preliminary thinking on how to potentially address them: 

• Clarified common metrics with shared value
• Review of existing curriculum and support resources
• Revisiting convergent research on elements of effective lessons and Tier 1 instruction
• Address math identity for both students and staff early and often
• Scope and sequence with non-negotiable common assessments
• Assess our move from purely procedural instruction to a balanced, multimodal approach for deeper engagement
• Classrooms designed as opportunity structures rather than barriers
• Review how academic language is taught and supported in math coursework
• Solicit direct feedback on math instruction and experience in math classes through student surveys
• More effective and aligned use of summer and after school spaces
• Adaptive technology universalized to remediate basic math skills gaps
• Defining intervention strategies and curriculum across K-12

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Direct staff to continue and expand this working group to include additional site administrators and teachers next year to develop goals and timelines for work in the areas noted above. 

FISCAL IMPACT:
Estimate $3,000-$5,000 for teacher overtime to participate in afterschool discussions and planning meetings with District staff and administrators. 

BERKELEY UNIFIED SCHOOL DISTRiCT

TO:                    Donald Evans, Ed.D.
FROM:                 Pasquale Scuderi, Associate Superintendent
PRESENTERS:     Pasquale Scuderi, Associate Superintendent
DATE:                    June 26, 2019
SUBJECT:            Approval of Local Control and Accountability Plan (LCAP) for 2019-20

PURPOSE:
Approve the final draft of the Local Control Accountability Plan for 2019-2020.

BACKGROUND:
On May 8, 2019  staff presented the draft  recommendation for 2019-2020, the final year of three-year  LCAP plan that began in the 2017-2018 school year. A new three-year plan will be developed next year, and the version presented this evening has been revised to reflect comments and perspectives provided by the Board, the Superintendent’s Cabinet, stakeholder groups, including the Parent and Educators Advisory Committees and secondary student focus groups. 

At the June 12 Board Meeting an LCAP Public Hearing was held  on the final recommendations.

The new state-mandated LCAP template is divided into seven sections: the Plan Summary, Annual Update, Stakeholder Engagement, Goals, Actions and Expenditures, Increased/Improved Services for Unduplicated Students, Addendums and LCAP Expenditure Summary.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Approve the LCAP plan for 2019-2020.

FISCAL IMPACT:
LCAP supplemental dollars are designated to support students identified as receiving reduced price meals, who are currently foster youth, or who are English Language learners. These funds are projected to be $5,545, 536 in 2019-2020.

ATTACHMENTS:

LCAP Supplemental Budget

LCAP Staffing Summary

Final LCAP Document

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Donald Evans, Ed.D., Superintendent
FROM:              Pauline Follansbee,  Assistant Superintendent
PRESENTER:    Pauline Follansbee, Assistant Superintendent
DATE:              June 26, 2019
SUBJECT:        Approval of 2019-20 Budget and 2018-19 Estimated Actuals

PURPOSE:
To have the Board approve and adopt the 2019-20 Budget and the 2018-19 Estimated Actuals

BACKGROUND INFORMATION:
The Board received the 2019-20 Preliminary Budget and 2018-19 Estimated Actuals, and held a Public Hearing on the budget at the June 12, 2019 board meeting.  Staff is now presenting, under separate cover, the 2019-20 Budget and 2018-19 Estimated Actuals to the board for approval and adoption.  The following certifications maybe 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.

This Adopted Budget along with the Multi-Year Projections is under separate cover, and 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 Adopted Budget to the Board with a positive certification.

Education Code Section 42127 (2) (B),states that, commencing with budgets adopted for the 2015–16 fiscal year, the governing board of a school district that proposes to adopt a budget that includes a combined assigned and unassigned ending fund balance in excess of the minimum recommended reserve for economic uncertainties adopted by the state board pursuant to subdivision (a) of Section 33128, shall, at the public hearing held pursuant to paragraph (1), provide all of the following for public review and discussion:

(i) The minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.

(ii) The combined assigned and unassigned ending fund balances that are in excess of the minimum recommended reserve for economic uncertainties for each fiscal year identified in the budget.

(iii) A statement of reasons that substantiates the need for an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties for each fiscal year that the school district identifies an assigned and unassigned ending fund balance that is in excess of the minimum recommended reserve for economic uncertainties, as identified pursuant to clause (ii).

(C) The governing board of a school district shall include the information required pursuant to subparagraph (B) in its budgetary submission each time it files an adopted or revised budget with the county superintendent of schools. The information required pursuant to subparagraph (B) shall be maintained and made available for public review.  Accordingly, the District is disclosing the following for Funds 01-08:

Amount of Assigned and Unassigned Ending Fund Balance exceeding the Minimum Reserve in Each Year:

Reasons the Reserve is Over the Minimum Required

NEXT STEPS:
If the Governor’s enacted budget is significantly different from the May Revise, then staff will present a revised budget to the Board within 45 days.

RECOMMENDATION FOR THE BOARD:
Approve and adopt the 2019-20 Budget and 2018-19 estimated actuals.

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.