The Presiding Officer will call the meeting to order at 5:45 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:          Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       August 21, 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:                   Brent Stephens, Ed. D., Superintendent
FROM:             Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:              August 21, 2019
SUBJECT:       Approval of New Classification: Senior Workers Compensation Specialist

BACKGROUND:
The Benefits Department is requesting a new classification of the Senior Workers Compensation Specialist (Schedule 56 Range 55). The Benefits Office currently has one Workers Compensation Specialist position who supports all the administrative workers compensation needs for the District under the supervision of the Risk Manager. A desk audit performed in the spring of 2019 by the Director of Classified Personnel confirmed that the level of expertise needed was consistent with that of a senior level workers compensation specialist. This is a specialized position which requires extensive knowledge of Workers Compensation law, Ed Code, and District bargaining unit contracts.

The employee in this position must work autonomously, confidentially and efficiently with very sensitive, high volumes of work. This employee works directly with legal and third party administrators, employees, upper level managers and directors to insure compliant handling of worker compensation claims.   This employee also manages and coordinates all daily activities of the District’s return to work program, returning injured employees to work and saving the District money on workers comp claims. 

FISCAL IMPACT:
$4,380 Annually (Fund 67, Self-Insurance Fund)

STAFF RECOMMENDATION:
Approve the duties of the new classification of Senior Workers Compensation Specialist. 

     BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed.D., Superintendent
FROM:          Associate Superintendent, Educational Services
DATE:          August 21, 2019
SUBJECT:    Approval of Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Cazadero Jumpstart Retreat for BHS Band/Orchestra/Jazz, Berkeley, CA, September 13-15, 2019
Approve participation of 120 Berkeley High School students, 4 teachers and 10 non-staff adults, on a two-day, one-night field trip to Cazadero Performing Arts Camp, (CazPAC) in Berkeley, CA. BUSD will provide transportation for students to the CazPAC, Group 1 (Dance Production & Jazz Ensemble) will depart from BHS on Friday, September 13^th at 9:00 a.m. returning Saturday, September 14^th at 5:00 p.m. Group 2 (Chamber Winds & Orchestra) will arrive Saturday, September 14^th at 9:00 a.m. returning Sunday, September 15^th at 5:00 p.m. During the retreat, advanced band students will bond and rehearse in preparation for the 2019-2020 school-year. Students will sleep in supervised, gender specific tent cabins in separate rooms chaperoned by parents.  The total cost of $80.00 per student will be paid with parent/guardian fundraising and BHSDG funds.  No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal (Karen Wells, Orchestra Teacher)

Mosaic Project Camp, Felton, CA, September 16-20, 2019
Approve participation of 27 fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:00 a.m. on Monday, September 16^th and return at 3:00 p.m. on Friday, September 20, 2019. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Michelle Sinclair, Cragmont Principal. (Teacher: Stefanie Wissmann)

Mosaic Project Camp, Felton, CA, September 23-27, 2019
Approve participation of 27 fourth-grade students, 1 teacher and no other adults on a five-day, four-night field trip to Mosaic Project Camp, which provides a staff of trained adults to work with student groups.  The students will depart Cragmont Elementary at 9:00 a.m. on Monday, September 23^rd and return at 3:00 p.m. on Friday, September 27, 2019. This field trip enables students to learn social and conflict resolution skills.  Students sleep in supervised, gender specific cabins on the grounds. District buses will provide transportation.  The cost of $395.00 per student will be paid by grants, PTA funds and parent donations.  No student will be denied access based on inability to pay. Requested by: Michelle Sinclair, Cragmont Principal. (Teacher: Michael Kalin)

Camping at Presidio, San Francisco, CA, September 25-26, 2019
Approve participation of 60 Willard leadership students known as The Ambassadors-comprised of 7^th and 8^th graders, 3 teachers and 5 other adults from Willard Middle School on a two-day, one-night field trip to Camping at Presidio in San Francisco. The group will depart Willard Middle School at 9:30 a.m. on Wednesday, September 25^th, and return at 12:00 p.m. on Thursday, September 26, 2019.  The Ambassadors will work closely with Willard’s Positive Behavior Intervention Support Team to promote kindness, respect, responsibility, safety empathy, teamwork, and getting along together as a group in both the planning and execution of the trip. In addition, there is a physical education dimension to the trip. Students will be taking 3-mile hikes each day, engage in cooperative, team-building group activities and games which require both stamina and ingenuity. The spirit of cooperation is woven into each activity including meal preparation and clean up, tent living, and campfire activities.  D Harris Tours, approved by BUSD will provide transportation.  Students will sleep in gender specific tents on the grounds.  The cost of $30.00 per student will be funded by family donations and Willard PTA funding.  No student will be denied access based on inability to pay. Requested by Debbie Dean, Willard Principal (Teacher: Jen Antonuccio)

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          School Board
FROM:          Beatriz Leyva-Cutler, Vice President
DATE:            August 21, 2019
SUBJECT:    Approval of Resolution 20-005 in Recognition of September 2016 as Attendance Awareness Month 

BACKGROUND INFORMATION:
One of the earliest warning signs that a student will drop out of high school is chronic absence–or missing 10 percent of the school year for any reason, whether excused or unexcused. Nationwide, an estimated 5 million to 7.5 million students are chronically absent every year.

We can make attendance a top priority starting in the early grades by educating the community around the importance of ensuring students are attending school, and using data to identify students and schools in need of additional support in this area.

Reduction of chronic absenteeism will assist schools and communities to more effectively make measurable and productive improvements for overall student outcomes. 

POLICY/CODE:
None 

FISCAL IMPACT:
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 20-005.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Brent Stephens, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        Aug 21, 2019
SUBJECT: Approve Listing of Warrants issued in June 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 June is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

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

FISCAL IMPACT:
$5,330,769.77 for the month of June 2019 from various funds.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens,  E.d.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         August 21, 2019
SUBJECT: Approval of Payroll Warrants Issued in June 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 June 2019.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL iMPACT:
$8,199,027.57, for June 2019 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in June 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        August 21, 2019
SUBJECT: Approve Listing of Warrants Issued in July 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 July is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

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

FISCAL IMPACT:
$5,646,606.80 for the month of July 2019 from various funds.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         August 21, 2018
SUBJECT: Approval of Payroll Warrants Issued in July 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 July 2019.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,800,705.99, for July 2019 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in July 2019.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        August 21, 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. Ratification of contract to Crown Worldwide Moving, to provide moving services for the West Campus Capacity Moving. The cost will not exceed $50,000. To be paid from Measure I. Requested by John Calise.
2. Ratification of contract to Raffi Properties,to lease space for West Campus 7/15/19 – 6/30/20. The cost will not exceed $60,000. To be paid from Measure I. Requested by John Calise.
3. Ratification of contract to The Professional Tree Care Company, to provide tree care 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.
4. Ratification of contract to United California Glass and Door, to provide door and gate repair 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.
5. Ratification of contract to Younger Wunar, to provide general contracting and concrete services for the Maintenance Department for the 2019-20 SY. The cost will not exceed $60,000. To be paid from Measure H. Requested by Steve Collins.
6. Ratification of contract to Packet Fusion Inc., to provide maintenance and equipment support for district phone system for the 2019-20 SY. The cost will not exceed $43,987. To be paid from General Fund. Requested by Jay Nitschke.
7. Ratification of contract to McMillian Security Systems to provide installation of security door system at district office. The cost will not exceed $25,070. To be paid from Measure H. Requested by Steve Collins.
8. 18 Reasons, to provide training, fund raising technical assistance and after-school curriculum development for the Cooking and Gardening program for the 2019-20SY. The cost will not exceed $50,000. To be paid from General Funds. Requested by Jezra Thompson.
9. Newsela to provide Newsela PRO School Licenses at Martin Luther King, Jr., Longfellow and Willard Middle School for the period of 7/1/19 to 6/30/20.  The cost will not exceed $18,150.  To be paid from General fund.  Requested by Pasquale Scuderi.
10. Garner Consulting, to provide leadership essentials, interdepartmental collaboration, and departmental process improvement sessions for 2019-20 SY. The contract also includes management coaching services. The cost will not exceed $30,268.To be paid from General Fund and Departmental Budgets.Requested by Pauline Follansbee.
11. Child Therapy Institute to provide counseling and mental health services for Berkeley Arts Magnet Elementary School for the period from 8/26/19 - 6/12/20. The cost will not exceed $17,000. To be paid from BSEP Fund. Requested by Rene Molina.
12. UC School of Optometry, to provide vision screening services to BUSD students for the period from 7/1/19 - 6/30/20. The cost will not exceed $10,125. To be paid from General Fund. Requested by Jan Hamilton.
13. Cherie Marie Corea Spivey, to provide psychologist services to Special Education Department for the 2019-20 SY. The cost will not exceed $21,000. To be paid from Special Education Fund. Requested by Jan Hamilton.
14. Child Therapy Institute of Marin to provide counseling and mental health services for 3 preschool sites for the period from 8/26/19 – 6/12/20. The cost will not exceed $41,030. To be paid from BSEP Fund and Child Development Fund. Requested by Maria Carriedo.
15. Stephanie Allan to provide CTE Program and Curricula development for BUSD for the period from 7/1/19 - 6/30/20. The cost will not exceed $32,000. To be paid from CTE Incentive Grant Funds.  Requested by Wyn Skeels.
16. Museum of Children's Art to provide fundamental visual arts skills for students at Oxford Elementary school for the period from 8/26/19 - 6/12/20. The cost will not exceed $19,850. To be paid from Restricted Donations and BSEP VAPA fund. Requested by Beth Rhine.
17. Bay Area Community Resources to provide counseling services at Jefferson Elementary School for the period from 8/19/19 – 6/29/20. The cost will not exceed $10,000. To be paid from Restricted Donations. Requested by Mary Cazden.
18. 18.Bay Area Community Resources to provide counseling services at Oxford Elementary School for the period from 8/19/19 – 6/29/20. The cost will not exceed $10,000. To be paid from BSEP Funds. Requested by Beth Rhine.
19. Raynard Anderson to provide behavioral specialist services to Berkeley Technology Academy for 2019-20SY. The cost will not exceed $55,000. To be paid from a California Department of Education Comprehensive Support & Improvement Grant. Requested by Neil Smith.
20. Goodwin Simon Strategic Research, to provide Opinion Research Services for the period from 8/22/19 – 11/15/19. The cost will not exceed $30,000. To be paid from General Fund. Requested by Natasha Beery.

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:             Brent Stephens, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          August 21, 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. Altamont Education Advisory Board awarded a grant to BUSD for $13,600.00 for funding Striving for Zero Waste Across Berkeley.
2. Rebeca Manrique donated $20.00 to Cragmont for Materials and Supplies.
3. Berkeley Public School Fund donated $158.45 to Classroom Grant 10-176 to Mary Martin “Improving Literacy & Access through Improved AAC”
4. Berkeley Public School Fund donated $448.79 to Tracey Iglehart for time spent working on 2020 Vision Math Group project.
5. Berkeley Public School Fund donated $655.00 to Strategic Impact Grant 5-749 to Janine Herbertson “Connecting Educator Mindset with Achievement Gaps”
6. Berkeley Public Schools Fund donated $28.98 to Strategic Impact Grant 1-706 to Valerie Gutwirth for BUSD Dance PLC.
7. Berkeley Arts Magnet PTA donated $8,228.21 to BAM for chrome books and licensing materials.

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 $25,357.69 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent Business Services
DATE:        August 21, 2019
SUBJECT:  Authorized Agents and Authorized Signers 

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

Staff is submitting Resolution #20-003-Authorized Agents and Authorized signers for Payroll Warrants and Disbursements, and Resolution #20-004-Authorized Agents for Official Documents and Reports for Fiscal Year 2019-2020 for approval to be submitted to the Alameda County Office of Education as required. 

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolutions #20-003, #20-004 by a unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D. Superintendent 
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:          August 21, 2019
SUBJECT:   Ratification of District Insurance Premiums and Broker Fees for FY 2019-2020

BACKGROUND INFORMATION:

Alliance of Schools for Cooperative Insurance Programs (ASCIP)

The District entered into an agreement with ASCIP in the year 2002 to provide general liability and property insurance coverage for the District. 

For the Fiscal Year 2019-2020 , the premium is $877,740 which is an increase of $84,383 over the previous year.  For Fiscal Year 2018-2019, the insurance premium for ASCIP was $793,357.

The premium increase is a result of an increased property valuation and the excess liability rating.

Staff is satisfied with the services provided by ASCIP and is requesting approval to continue their contract through June 30, 2020 at this rate. 

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
$877,740 is within the General Fund Budget

STAFF RECOMMENDATION:
Approval of Ratification of payment for insurance premiums and broker cost for Fiscal Year 2019-2020.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed.D, Superintendent   
FROM:          Pauline Follansbee, Assistant Superintendent Business Services
DATE:          August 21, 2019
SUBJECT:     FY 2019-20 Mandate Block Grant (MBG) Funding 

BACKGROUND INFORMATION:
Beginning in Fiscal Year (FY) 2012-13, funds for mandated costs reimbursements became available through a newly established Mandate Block Grant (MBG) to support state mandated activities.  Pursuant to the new legislation, school districts make an annual choice to receive funds for mandated activities, either through the MBG or through the claim reimbursement process.

The enacted State Budget provides funding for Mandate Block Grant (MBG) for fiscal year 2019-20. These funds are unrestricted in use. 

Allocation of funds is based on average daily attendance (ADA) calculated as of the second principal (P-2) apportionment for the 2018-19 fiscal year.  For fiscal year 2019-20, the District will receive $32.18 per ADA for students in grades K-8, and $61.94 per ADA for students in grades 9-12.

In order to receive the funding appropriated in the 2019 Budget Act, the District must opt-in to the MBG program by August 30, 2019. This will replace the mandated claim reimbursement program, which could result in more revenue, but not guaranteed from the State in the near future.

Staff is recommending that the District opt-in for fiscal year 2019-20, to receive guaranteed funding of $393,822.

FISCAL IMPACT:
$393,822 included in General Fund revenue for FY 2019-20 

STAFF RECOMMENDATION:
Opt into the MBG for FY 2019-20 to receive guaranteed state funding of $393,822.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens Ed.D, Superintendent
FROM:          Neil Smith, Assistant Superintendent, Educational Services
DATE:           August 21, 2019
SUBJECT:   Approval for CalSAFE Agreement for Child Development Services between Berkeley Unified School District (BUSD) and the YMCA of the East Bay/Early Childhood Impact

BACKGROUND INFORMATION:
For the past four years, the district has contracted with both the YMCA of the East Bay and the City of Berkeley to provide services for the district’s California School Age Families Education (CalSAFE) program located at the Vera Casey Center in Berkeley.  The YMCA has provided child care services for the children of teen parents, so these parents could attend school; the City has provided parent training and support services for these young families. This year the YMCA has agreed to expand the services it offers to include both childcare as well as parenting classes and support for the student/teen parents. 

The attached Memorandum of Understanding (MOU) replaces the previous ongoing MOU with the YMCA of the East Bay. The district is billed by the YMCA for the services provided to both parents and children based on the previous grant from the CDE. The funding for CalSAFE is now allocated to the district as a part of the base LCFF funding, and the cost for the services provided by the YMCA has been included in the budget as an expected expense for 2019-20.

A copy of the MOU with the YMCA to provide CalSAFE Child Development Services has been attached.  Board approval is required for payment of services.

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

FISCAL IMPACT:
Approximately $30,000 to be paid from the General Fund to the YMCA of the East Bay

STAFF RECOMMENDATION:
Approve the Memorandum of Understanding with the YMCA of the East Bay to provide CalSAFE Childcare, Parent Education and Support Services.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D, Superintendent
FROM:        Neil Smith, Assistant Superintendent, Educational Services
DATE:          August 21, 2019
SUBJECT:   YMCA of the East Bay/Early Childhood Impact – Head Start

BACKGROUND INFORMATION:
BUSD contracts annually with the YMCA of the East Bay to provide services for children and families in accordance with the Early Childhood Impact Head Start Program as a part of the district’s pre-school services. BUSD pre-schools provide Head Start enhanced services for 100 pre-school students each year at a rate of $339.12 per month per student. Services required by Head Start include home visits for each student, additional screening and assessments for each student, and individual student plans. The annual contract total for BUSD pre-schools is $339,120 for the 2019-2020 school year. 

Funds received from the YMCA will be used to pay for additional staff time to meet Head Start requirements, materials, and a coordinator to ensure compliance with Head Start regulations and oversee annual monitoring and audits.

GOAL:
Prepare pre-school children for success in elementary school by providing age appropriate curriculum and instruction that nurture and develop children’s academic, social, emotional and physical well-being

POLICY/CODE:
California Development Division
Ed Code Title 5 

FISCAL IMPACT:
$339,120 paid by the YMCA of the East Bay to BUSD’s Child Development Program

STAFF RECOMMENDATION:
Approve the contract with the YMCA of the East Bay.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Neil Smith, Assistant Superintendent, Educational Services
DATE:         August 21, 2019
SUBJECT:  Approval of Amended with the CA Department of Education for Child Care Services for 2018-2019

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding for 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 school age students.

The amended amount for the California State Program Child Care Services (CCTR) is $1,752,288 a decrease of $192,000 from BUSD's BEARS program. This reflects a decrease to 34,211 of Child Days of Enrollment (CDE) from 37,962 of Child Days of Enrollment (CDE).

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

FISCAL IMPACT:
$192,000 decrease in revenue for the Child Care Services Program (CCTR).

STAFF RECOMMENDATION:
Accept the contract amendment.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:        Neil Smith, Acting Associate Superintendent
DATE:          August 21, 2019
SUBJECT:   Approval of the 2019-2020 Consolidated Application for Funding Categorical Aid Programs and Annual Title III Local Plan

BACKGROUND INFORMATION
The Consolidated Application (ConApp) for Funding is submitted annually to the California Department of Education to request funding for categorically funded programs.  The current application requires the submission of fiscal categorical program funding data, reports on expenditures and activities provided by schools and the district. While the ConApp is submitted in both February and June, each submission requires a different set of data and reports to be submitted online.  Board approval is required for the June submission as there are basic legal assurances to indicate that the school district will comply with the requirements for the following federal program funds:

• ESSA - Title I, Part A – Improving Basic Programs Operated by Local Educational Agencies to meet the educational needs of qualified students
• ESSA - Title II, Part A – Supporting Effective Instruction
• ESSA - Title III – Language instruction for Limited English

Proficient Students

A copy of the Annual Title III Local Plan has been included with this document.

A complete copy of the Consolidated Application is available in the board room for public viewing.

POLICY/CODE:
Education Code Section 64000-64001 

FISCAL IMPACT:
Approximately $1,055,368 in categorical funding 

STAFF RECOMMENDATION:
Approve the Consolidated Application for Categorical Aid programs and the Annual Title III Local Plan. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Brent Stephens, Ed. D., Superintendent
FROM:         Jan Hamilton, Executive Director of Special Education
DATE:          August 21, 2019
SUBJECT:    Approval of MOU with Wilson Language Training for Professional Development Services for 2019-20 

BACKGROUND INFORMATION:
The District contracts with Wilson Language Training to provide Professional Development services to develop a comprehensive implementation and sustainability plan to support teacher knowledge and proficiency that result in increased student success.

POLICY/CODE:
Education Code 56363        

FISCAL IMPACT:
Not to exceed $24,439.93 from the Special Education Budget 

STAFF RECOMMENDATION:
Approve the MOU listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Superintendent
FROM:         Jan Hamilton, Executive Director of Special Education
DATE:          August 21, 2019
SUBJECT:     Approval of MOU for Vision Screening Services for the 2019-20 School Year

BACKGROUND INFORMATION:
The District contracts with UC Berkeley School of Optometry to Provide Vision Screening services for BUSD students who are preschoolers, grades K, 2, 5 and special education.

POLICY/CODE:
Education Code 39800
Board Policy 3310        

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $10,125.00 funded from General Fund.

STAFF RECOMMENDATION:
Approve the MOU listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed. D., Superintendent
FROM:         Jan Hamilton, Executive Director of Special Education
DATE:          August 21, 2019
SUBJECT:     Approval of MOU with Ala Costa Centers for the Adult Transition Program for 2019-20 

BACKGROUND INFORMATION:
The District contracts with Ala Costa to provide the Adult Transition program to Special Education students with Individualized Education Programs (IEP). 

POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $433,986.00 from the Special Education Budget 

STAFF RECOMMENDATION:
Approve the MOU listed above.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed.D., Superintendent
FROM:         Jan Hamilton, Executive Director of Special Education
DATE:          August 21, 2019
SUBJECT:     Approval of Master Contracts for Nonpublic Agency Services for 2019-20
BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

POLICY/CODE:
Education Code 56363        

FISCAL IMPACT:
Not to exceed $744,984.00 from the Special Education Budget

STAFF RECOMMENDATION:
Approve the Master Contracts for the Nonpublic Agencies listed above.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed.D., Superintendent
FROM:          Jan Hamilton, Executive Director of Special Education
DATE:          August 21, 2019
SUBJECT:    Approval of Master Contracts with Nonpublic Schools for 2019-2020 

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 56034,56366           

FISCAL IMPACT:
Not to exceed $1,930,880.21 from the Special Education Budget 

STAFF RECOMMENDATION:
Approve the Master Contracts for the Nonpublic Schools listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed. D., Superintendent
FROM:         Jan Hamilton, Executive Director of Special Education
DATE:             August 21, 2019
SUBJECT:      Approval of Master Contracts with Residential Nonpublic Schools for 2019-20 

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

A Residential Treatment Center (RTC) provides students with a high-quality of care to support students’ mental health needs that require a full continuum of care. A student may require residential treatment when available school and community-based resources have been exhausted and have not successfully addressed the student's needs.

Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in residential nonpublic schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 56034, 56366           

FISCAL IMPACT:
Not to exceed $1,067,897.55 from the Special Education Budget 

STAFF RECOMMENDATION:
Approve the Master Contracts for the Residential Nonpublic Schools listed above.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM: Brent Stephens, Ed.D, Superintendent
John Calise, Executive Director of Facilities
DATE: August 21, 2019
SUBJECT: Approval of Resolution #20-001 Awarding Lease-Leaseback services to Alten Construction for the Berkeley High School Classroom Building A + Theater Renovations Project

PURPOSE:
To ensure that major District construction projects are built within budget and on schedule, utilizing the most appropriate and collaborative project delivery method.

BACKGROUND:
The Berkeley Unified School District has solely utilized the design-bid-build project delivery method for its bond construction projects. As projects become larger and more complex there are options which provide for a more collaborative approach that make sense in today’s very difficult school construction market. The Facilities team has presented material on project delivery methods to the Board’s Facilities Subcommittee including reviewing design-build, Construction Management Multi-Prime and Lease-Leaseback. In addition, the Facilities team presented a discussion item on Lease-Leaseback at the Board meeting of February 20, 2019.

The Lease-Leaseback project delivery method is authorized under Education Code 17406, which was recently (2016) updated by the Legislature and Governor to ensure transparency, accountability, and strong processes for “best value” selection of Contractor/Developer entity to build school district projects. Facilities staff presented the Lease-Leaseback option to the Board at its meeting on March 13, 2019 and the Board approved Lease-Leaseback as a project delivery method for future projects.
The Board approved the Resolution #19-028 approving the Request for Proposals for Lease-Leaseback Services on the Berkeley High School Classroom Building A + Theater Renovations project at its meeting of April 24, 2019.

The Facilities team advertised and circulated the Request for Proposals throughout the Bay Area school construction community. Statements of Qualifications and Proposals were received from six contractors on June 13, 2019. Submissions were evaluated in accordance with the criteria in the RFP. Three firms were short-listed for interview. Alten Construction, Inc. from Richmond, was ranked as the best value for the District.

FISCAL IMPACT:
Pre-Construction Services only $88,824.

RECOMMENDATION:
Approve Resolution #20-001

RELATED PAST BOARD ITEMS:
February 20, 2019 Presentation on Lease-Leaseback Project Delivery Methods. March 13, 2019 approval of Lease-Leaseback Project Delivery Method for future projects. April 24, 2019 approval of Request for Proposals for Lease-Leaseback Services for the BHS Classroom Building A + Theater Renovations Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: August 21, 2019
SUBJECT: Approval of Refuse contract with the City of Berkeley

BACKGROUND INFORMATION: 
The city of Berkeley provides refuse collection services across the District. This service includes collection of all trash, recyclable, and compostable waste. The anticipated cost for the 2018/2019 school year is not to exceed $375,000.

This is an expense that is tied to the operations of the District and will be paid from General Fund.

RECOMMENDATION:
Approve refuse contract between BUSD and the City of Berkeley

FISCAL IMPACT:
Annual cost is estimated not to exceed $375,000. This is a general fund expense.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: August 21, 2019
SUBJECT: Authorization to Approve a Change Order for the VAPA Modernization Project and Approval of Futility Resolution 20-002

BACKGROUND INFORMATION:
On October 24, 2018 the Board awarded a contract to Rodan Builders. The project is for a modernization of the locker room in the “old Gym” at West Campus. The project is not yet complete. The bid was awarded for $2,751,000.  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.  Staff predicts that the project will exceed the 10% threshold.

There are several factors that have caused the change orders to the project. These factors have included unforeseen conditions, significant abatement work and significant discrepancies between the PG&E design and the original design created by the electrical engineer.  There have been approximately 30 known changes to date that will increase the project by approximately 13%.

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution. 

POLICY/CODE:
California Public Contract Code 20110- 20118.

FISCAL IMPACT:
The project is funded through Measure I.  The final change order percentage will return to the Board when the project is recommended for acceptance.  

STAFF RECOMMENDATION:
Approve the attached Futility Resolution.     

Documents are forthcoming. 

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.