The Presiding Officer will call the meeting to order at 6:00 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:       September 18, 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:       September 18, 2019
SUBJECT:      Approval of MOUs between BUSD and Universities 

BACKGROUND INFORMATION:
BUSD has entered into agreements with the following universities to provide the university students with internships and/or student teaching so they may gain practical teaching, administrator, nursing, or counseling experience in an education setting.

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education ratify the memorandums of understanding (MOU) between the District and the following universities:

• California State University, East Bay (CSUEB)
• Emerson College
• National University
• St. Mary’s College
• San Francisco State University
• University of San Francisco

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed.D., Superintendent
FROM:        Bajé Thiara, Associate Superintendent, Educational Services
DATE:         September 18, 2019
SUBJECT:   Approval of Overnight Field Trip Requests

BACKGROUND INFORMATION
The following overnight field trips are being requested:

Tilden Regional Park, Berkeley, CA, October 3-4, 2019
Approve participation of 23 fourth grade students, 1 teacher and 10 other adults from Jefferson Elementary on a two-day, one-night field trip Tilden Regional Park. The group will depart Jefferson at 10:00 a.m. on Thursday, October 3^rd and return at 2:00 p.m. on Friday, October 4, 2019. The students will be taking part in a hands-on study of our local ecology and watershed. In addition, we will be focusing on team-building activities to build a successful learning environment for our school year. Narrative and essay writing will follow our trip. BUSD will provide transportation to and from the event.  The students will sleep in gender specific tents.  The cost of $40.00 per student will be funded by PTA and parent donations. No student will be denied access based on ability to pay.  Requested by: Mary Cazden, Jefferson Principal

Pt. Bonita Retreat Center, Sausalito, October 9-11, 2019

Approve participation of seventy-five fifth grade students, four teachers and eight other adults on a three-day, two-night field trip to Pt. Bonita Retreat Center in Sausalito, CA. The group will depart Washington School on Wednesday, October 9^th at 9:30 a.m., and return Friday, October 11, 2019 at 2:15 p.m.  The group will engage in hands on science based lessons, learning about the environment, healthy nutrition and wellness, hiking, and thoughtful team building activities. BUSD will provide transportation. Students will sleep in gender specific cabins. The $261.00 cost per student will be paid from grants, fundraising and parent donations. No student will be denied access based on inability to pay. Requested by: Katia Hazen, Washington Principal.

BHS Executive Leadership Retreat, Tilden Park, Berkeley, CA October 14-15, 2019
Approve participation of 30 Berkeley High School students, 1 teacher and one or two other adults on a two-day, one-night field trip to Tilden Park-Gillespie Youth Camp. The group will depart BHS on Monday, October 14^th at 1:00 p.m., and return Tuesday, October 15, 2019 at 12:00 p.m. This retreat is critical to the team-building and skills development of the ASB leadership team and BHS. The way in which student leadership at BHS operates has significant effects on school culture and thus achievement of all types of students; as the way in which they identify with the school is positive or negative, comfortable or uncomfortable, that they are valued or unvalued and that academics are important or not. Students will sleep in supervised, gender specific tents chaperoned by staff and parents. The total student cost of $400-500 will be funded by ASB funds and parent donations. No student will be denied access based on inability to pay. Requested by Tammy Rose, Vice Principal, Berkeley High School.

Pt. Bonita Retreat Center BHS-AHA Juniors, Sausalito, CA, November 7-8, 2019
Approve participation of 55 11^th grade AHA students and six teachers on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, November 7^th at 9:30 a.m., and return Friday, November 8, 2019 at 2:00 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $3.500.00 for the trip will be paid for by parent donations, BHSDG funds and CPA grant. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal.

Pt. Bonita Retreat Center BHS-AHA Seniors, Sausalito, CA, March 12-13, 2020
Approve participation of 63 12^th grade AHA students, seven teachers and one IA on a two-day, one-night field trip to Pt. Bonita Retreat Center, Sausalito, CA. The group will depart Berkeley High School on Thursday, March 12^th at 9:30 a.m., and return Friday, March 13, 2019 at 2:00 p.m. The group will engage in collaborative projects and learning throughout the two-day retreat that form an integral part of our core art based curriculum. They will also be participating in group challenges, community building activities, arts integration projects and shared clean-up responsibilities. BUSD will provide transportation. Students will sleep in gender specific cabins. The cost of $3.500.00 for the trip will be paid for by parent donations, BHSDG funds and CPA grant. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal.

POLICY/CODE:
Education Code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

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

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed.D., Superintendent
FROM:          Bajé Thiara, Associate Superintendent, Educational Services
DATE:            September 18, 2019
SUBJECT:    Approval of Out-of-State Travel Requests

BACKGROUND INFORMATION

The following out-of-state travel requests are being requested:

International Baccalaureate Workshop, Durham, NC October 10-13, 2019
Approval for Berkeley International High School’s request for I.B. teachers Susi Lopez and Itziar Aperribay to travel to Durham, NC to receive specific IB training in Spanish at the Hyatt Palace in Durham, NC. The four-day, three-night conference training is necessary to provide a comprehensive and complete program for students in the BIHS program. Not all subjects are offered in California and this necessitates out of state travel for the professional training. Registration and meals for this training will be paid from BHS general Fund. Requested by: Erin Schweng, BHS Principal.

Annual ACTFL Conference, Washington, DC-November 21-24, 2019
Approval for Xin Chen, BHS World Language Teacher, to attend this four-day, three-night conference at the Walter E. Washington Convention Center in Washington, DC. The ACTFL Annual Convention and World Languages Expo is an international event bringing together more than 6,000 language educators from all languages, levels, and assignments. Our goal is to provide a comprehensive professional development experience that will have an impact on language educators at all levels of teaching and in turn impact their students to succeed in their language learning process. The Program, which will feature more than 700 educational sessions in a variety of formats, will focus on innovative programs, emerging trends that impact the language profession, and research-informed practices. More than 250 companies will be exhibiting their latest products and services. Requested by: Erin Schweng, Berkeley High School Principal.

October Coaching of Writing 2019, Teachers College, New York, NY October 19-23
Susanne Reed, Coordinator of Professional Development, Rose James, District Literacy Coach, Beth Trevor, Jefferson Literacy Coach,  Amy Fry, Oxford Literacy Coach, Cara Eisenberg BAM Literacy Coach, Liliana Aguas, Sylvia Mendez Literacy Coach to attend this 4 day, 4 night training.  The TCRWP Coaching Institute will provide site and district certificated staff with the expertise to support rigorous Tier 1 Writing instruction through instructional coaching.  This will impact all K-5 students. The purpose of the Coaching Institute is to increase the impact of the Writing Workshop model for students in the Tier 1 Classroom setting. Travel and conference is approximately $14,000 and will be paid with Title II funds.

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:              Brent Stephens, Ed.D., Superintendent
FROM:          Jan Hamilton, Executive Director of Special Education
DATE:           September 18, 2019
SUBJECT:     Approval of MOU for Hearing Screening Services for the 2019-20 School Year 

BACKGROUND INFORMATION:
The District contracts with Hearing Conservation Associates to Provide Hearing Screening services for BUSD students who are in grades K, 2, 5,8,10 and special education. 

POLICY/CODE:
Education Code 39800         

FISCAL IMPACT:
The fiscal impact of these services is estimated not to exceed $19,371.60 funded from General Fund.

STAFF RECOMMENDATION:
Approve the MOU listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed.D, Superintendent
FROM:       Pauline Follansbee, Assistant Superintendent of Business Services
DATE:       September 18, 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. John Muir PTA donated $8,228.00 to provide lower grade students greater access to laptops and computer literacy.
2. Malcolm X PTA donated $117,000.00 to program support per the SGC approved MX 19-20 Site Plan.
3. Cragmont PTA donated $3,000.00 To Kindergarten singing class.
4. Cragmont PTA donated $18,000.00 To MOSAIC overnight field trip.
5. Oxford PTA donated a total of $ 61,500.00 to Oxford Art Program, Math Coach, IA and PE Instructional Specialist.
6. Oxford PTA donated a total of $23,300.00 to Oxford Substitute Teacher coverage, BACR contract, Noon Supervision, Supplies.
7. Dorian Photography donated $14.56 and Merv Rasmussen donated $100. to Oxford Principal Discretionary Fund.
8. Cragmont PTA donated $2,200.00 to Math Intervention Teacher partial funding.
9. Philanthropic Ventures Foundation donated $970. To Cragmont School 3^rd Grade Field Trip.
10. Mollie Blustein donated $210.20 collected from parents to Cragmont School.

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 $234,522.76 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:        September 18, 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. Hearing Conservation Associates, to provide hearing screening services to BUSD students for the period from 7/1/19 - 6/30/20. The cost will not exceed $19,371.60 To be paid from General Fund. Requested by Jan Hamilton.
2. Folger Graphics, to provide printing services for Berkeley Adult School for2019 - 2020SY. The cost will not exceed $24,270. To be paid from Adult Education Fund. Requested by Thomas Reid.
3. Inspiring You Counseling Center, to provide behavioral services to students at Berkeley Technology Academy for 2019 - 2020SY.The cost will not exceed $58,000.To be paid from a California Department of Education Comprehensive Support & Improvement Grant.Requested by Heidi Weber.
4. Increase in contract to The Coder School to provide afterschool enrichment classes at Cragmont Elementary School. The Board originally approved $12,000 on September 4, 2019. The additional amount needed is $12,720 for a total amount of $24,720. To be paid from PTA Donations. Requested by Aaron Jorgensen.
5. Illuminate Ed, to provide EduClimber software and support for 2019 – 2020SY to support tracking of programs and interventions for McKinney-Vento eligible students, English Learners, and students with 504 plans.. The cost will not exceed $29,433. To be paid from one-time Differentiated Assistance funds. Requested by Jay Nitschke. 
6. Linda Wing, to provide consulting services related to Berkeley, Research, Assessment and Evaluation (BREA). Thw cost will not exceed $20,000. To be paid from General Fund. Requested by Dr. Brent Stephens. 

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:             Pauline Follansbee, Assistant Superintendent
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:        September 18, 2019
SUBJECT:   Approval of District Insurance Premiums and Broker Fees for FY 2019-2020

BACKGROUND INFORMATION

Myer, Stevens & Toohey provides the Districts Student Accident Insurance.

The premium for services for coverage period August 1, 2019 through July 31, 2020 is $55,495, which represents a $58 increase from last year’s premium of $55,437.

Staff is satisfied with the services provided by Myers, Stevens & Toohey, and is requesting approval to continue their contract.

FISCAL IMPACT:
The impact for fiscal year 2019-20 is $55,495 within the Self Insurance Fund as compared to $55,437 the prior fiscal year 2018-19.

STAFF RECOMMENDATION:
Approve insurance premiums and broker cost for Fiscal Year 2019-20

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Pauline Follansbee, Assistant Superintendent
FROM:        Kimberle Sanders, Supervisor Risk Management/Benefits Department
DATE:        September 18, 2019
SUBJECT:   Ratification of District Insurance Premiums and Broker Fees for FY 2019-2020

BACKGROUND INFORMATION:

California Public Entity Insurance Authority Excess Workers Compensation Program (CSAC-EIA)

The District became self-insured for workers compensation on January 1, 2004.  At that time, the District solicited quotes for "excess insurance" at a self-insured retention (SIR) level of $250,000.  CSAC-EIA, a joint powers authority of cities, counties and special districts provides excess worker’s compensation insurance in excess of $250,000.

The premium deposit for CSAC-EIA services for coverage period July 1, 2018 through June 30, 2018 is $326,500.00, which represents a $16,000 decrease from last year’s premium of $342,500.00.

Staff is satisfied with the services provided by CSAC-EIA and is requesting approval to continue their contract.

POLICY/CODE:
Labor Code Sections 3700 to 3705

FISCAL IMPACT:
The impact for Fiscal Year 2019-20 is $326,500.00 within the Self Insurance Fund as compared to $342,500.00 the prior Fiscal Year 2019-20.

STAFF RECOMMENDATION:
Approval of insurance premiums and broker cost for Fiscal Year 2019-20.

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         September 18, 2019
SUBJECT: Approval of Payroll Warrants Issued in August 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 August 2019.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$7,601,123.99, for August 2019 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in August 2019.   

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:        September 18 , 2019
SUBJECT: Approve Listing of Warrants issued in August 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 August is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,054,454.66 for the month of Aug 2019 from various funds.   

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:          September 18, 2019
SUBJECT:    Ratification of Legal Services Agreements for Fiscal Year 2019-20

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

Sonoma County of Education School & College Legal Services to provide legal services as directed by the Superintendent, Assistant Superintendent of Business Services, and Director of Special Education. The District will be utilizing these services for special education services.  The attorney billable rates are $265 per hour all Attorneys, Litigation $265, Mandated Services $265, Labor Relations Coordinator $235, Paralegal/Paraprofessional $130, Law Clerk $ 95.

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:              Brent Stephens, Ed.D., Superintendent
FROM:          Jan Hamilton, Executive Director of Special Education
DATE:           September 18, 2019
SUBJECT:     Approval of Master Contract for Nonpublic Agency Services for the 2019-20 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.  This service was provided to students  requiring 1:1 support during the 2018/2019 school year and was extended for continuity to serve students during the Extended School Year (ESY) a four week duration.   

POLICY/CODE:
Education Code 56363        

FISCAL IMPACT:
Not to exceed $26,000.00 funded from the Special Education Budget which may require an additional contribution from the General Fund. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D, Superintendent
FROM:           John Calise, Executive Director of Facilities
DATE:            September 18, 2019
SUBJECT:   Approve an Increase to a Contract with CAW Architects to Provide Additional Design Services for the Berkeley Community Theater Project

BACKGROUND INFORMATION:
The Board approved on June 27, 2018 a new contract in the amount of $3,351,773 to begin the schematic design of the Berkeley Community Theater after a previous contract scoping and programming for its initial design.  In this phase, the deliverables will include design, construction documents and construction administration.   

Currently, we are in the construction documents stage and the Board has approved the contractor to work with us as a part of the Lease-Lease Back delivery method for pre-construction services. The current contract with approved modifications within 10 percent is $3,509,403. Facilities staff is requesting approval of increase in contract with CAW Architects for services performed to provide information for follow on projects at Berkeley High School Theater and to provide required documents for an enhanced audio visual scope to the main stage to enhance student performance.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

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

STAFF RECOMMENDATION:
Increase the authorization for CAW Architects by $112,850.  If approved, the new total authorization for this contract will be $3,622,253. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Superintendent Stephens and School Board Members       
FROM:   Erin Schweng, BHS Principal                
DATE:    September 18, 2019       
SUBJECT:   Approval of Voting Members for the North Coast Section 

BACKGROUND INFORMATION: 
In order to fully participate as voting members in our North Coast Section Athletic Conference, this form needs to be approved by our governing board.  The form authorizes Ross Parker and Robin Van der Vegt to be voting members at the twice-yearly meetings. 

POLICY/CODE: 
Ed. Code 33353 (a) 1

STAFF RECOMMENDATION: 
Approve the aforementioned voting members from Berkeley High School for the North Coast Section Athletic Conference.

BERKELEY PUBLIC SCHOOLS

Official Minutes

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:32pm. She reported that the Board convened to Closed Session at 6pm. 

Roll Call
Board of Education:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present
Ka’Dijah Brown, Director – Present by phone
Julie Sinai, Director -- Present
Arvin Hariri, Student Director, BHS – Present
Oneida Abrams, Student Director, BTA -- Absent 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Evelyn Tamondong-Bradley, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
Motion to approve agenda:
Alper/Sinai and approved 5-0. 

RECOGNITION
Superintendent Donald Evans was presented with resolutions from the Alameda County Office of Education, the State Department of Education, the office of Congresswoman Barbara Lee, and the City of Berkeley in honor of his years of service as Superintendent of BUSD.

The Board also expressed their gratitude for his leadership and wished him well on his retirement. 

The Board recognized Public Information Officer Charles Burress who is retiring; Assistant Superintendent of Human Resources Evelyn Tamondong-Bradley, who is moving on from BUSD; outgoing president of the Berkeley Federation of Teachers Cathy Campbell; and outgoing student director Arvin Hariri. 

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

Consideration of Student Expulsion (Ed. Code Section 48918(c))

Case No. 022105
This item was postponed to the June 26 Board meeting.

Case No. 040203

This item was postponed to the June 26 Board meeting.

Public Employment Appointment (Government Code Section 54957)

Coordinator, District Library Services
Motion to appoint Jessica Lee as the new District Coordinator of Library Services:
Alper/Sinai and approved 4-0. 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Evelyn Tamondong-Bradley) Local 21 Negotiations

BCCE

BFT

UBA

The Board received an update on negotiations and provided direction; no action was taken.

SNAPSHOT OF OUR SCHOOLS

Longfellow Middle School
Longfellow Middle School Students presented a video highlighting the things they are proud of the most about their school community.

PUBLIC TESTIMONY

A total of 22 people addressed the Board: 

Eleven comments in support of extending lunch periods. 

Three comments advocating for additional support for Longfellow. 

Three comments in opposition to REALM Charter’s request for material revision. 

Three comments in support of hiring of bilingual staff at Sylvia Mendez. 

One comment reading aloud a resignation letter by a special education teacher.

One comment in advocacy for increased teacher compensation.

UNION COMMENTS
BFT President Cathy Campbell addressed the Board one last time as president thanking staff and all with whom she’s worked to serve BUSD students. She thanked Dr. Evans, Assistant Superintendent of Human Resources Evelyn-Tamondong and wished them well as they move on.

COMMITTEE COMMENTS
PTA Council President Mara Kolias addressed need for additional lunch time and commented in support of additional supports for Longfellow. 

PAC Co-Chair Dominica Spears provided comments on behalf of the committee in advocacy of additional math support for students, proper spending of support funds allocated for extended day programs, holding schools accountable for bias and negative school climates, and a close review of the restorative justice process and protocol.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Superintendent Evans thanked all who came out tonight. He thanked all of the officials for the dedicated proclamations. He acknowledged the students and parents who came out to advocate for additional lunch time and said he will be working with the principals to identify the best solution. He thanked Charles Burress, Evelyn Tamondong-Bradley, Arvin Hariri and Cathy Campbell and wished them well as they move on from BUSD.

Director Sinai thanked Longfellow for its presentation. She thanked Director Alper for his seventh annual mock trial.  She shared that she attended the adult school’s graduation. She thanked Dr. Evans for his work in BUSD these last six years.

Director Alper pointed out the pride flag affixed on the wall behind the dais saying that we should not take for granted how welcoming our community is as there are neighboring communities who do not get to experience the same acceptance. 

Director Hariri thanked all who have come to the meetings He shared that this is his last meeting and thanked the Board and the Superintendent for their mentorship.

Vice President Leyva-Cutler acknowledged the comments made tonight advocating for support for our students. She requested written notes from the PAC and BFT to more closely review their recommendations.

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

Approval of REALM Charter’s Request for Material Revision - Action
Allotted Time: 30 min
Actual time: 28 min 

Director Alper led this item explaining that the Board was set to take action on this matter at its last meeting but postponed its vote and instead set out a list of conditions to be met by REALM in order for the Board to take action. Since then, REALM submitted a revised request for material revision inclusive of said conditions. Tonight the Board will take action on REALM’s revised submission of material revision request, and a vote on BUSD’s intent to revoke REALM’s charter will immediately follow. 

He asked the Board to go down the line and express their individual stance with respect to this vote:

·      Alper said he would vote against the merger.

·      Leyva-Cutler said she would vote against the merger.

·      Sinai said she would not support material revision

·      Brown said that she would vote in favor of material revision request

·      Hariri said that he would vote to approve material revision request

Alper moved to deny request for material revision; Leyva-Cutler seconded motion. Motion carried on a 3-2 vote:

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

Approval of Notice of Intent to Revoke Charter ­­– Action
Allotted Time: 30 min
Actual time: 20 min 

Legal Counsel John Yeh explained that voting to revoke REALM’s charter was a separate procedure from the preceding vote on REALM’s material revision request. He provided some context noting the number of notices of violation issued to REALM since early 2017. The current proceeding is a result of unresolved fiscal issues and tonight’s vote is the last of a three-step process. A vote to revoke REALM’s charter results also in the adoption of a resolution outlining the findings. REALM would have the option of appealing an adverse decision at the County level.

Alper moved to revoke REALM’s charter and adopt accompanying resolution. Motion seconded by Leyva-Cutler. Motion carried on a 4-1 vote:

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

Public Hearing for BUSD’s Local Control and Accountability Plan (LCAP) Time Certain: 9PM

Director Hariri opened public hearing at 10:21PM.

One comment in support of allocating LCAP funds to adequately support EL students.

Director Hariri closed public hearing at 10:24PM

Public Hearing for Preliminary Budget for Fiscal Year 2018-2019 – Time Certain: 9:20PM

Director Hariri opened public hearing at 10:25PM.

No one came forward.

Public hearing closed at 10:25pm.

Assistant Superintendent of Business Services presentation highlighted changes between 2018-19 estimated actuals and 2019-20 budget, multi year projections, and other considerations. Questions and discussion followed.

Update on Plan to Explore Revision to Middle School Assignment Process
Allotted time: 15 min
Actual time: 25 min

Associate Superintendent Pasquale Scuderi and Manager of Admissions Francisco Martinez presented preliminary ideas about revisions to the way the District makes middle school assignments. Currently students are assigned to King and Willard based on zones, and assigned to Longfellow at the request of families. They noted that the latter assignment process is based on a magnet school program model that is no longer applicable or funded. The goal of a possible revision to the middle school assignment process is to ensure that each middle school’s population is reflective of Berkeley’s demographics and consistent with the District’s integration goals. Their presentation included a proposed timeline that would place the rising 6^th grade class of 2020-21 under new model.

Director Hariri moved to extend open session to 11:20pm; Director Alper seconded. Motion carried on a 5-0 vote.

This presentation continued with Martinez walking the audience through a sample map illustrating one possible delineated zones as an example of what a three-zone system could look like, highlighting where students live relative to the middle school they attend and proposing possible assignment scenarios. Staff emphasized that it was not making any proposals tonight.  Questions and discussion followed. 

Approval of Tentative Agreement with Berkeley Council of Classified Employees (BCCE) for Successor Agreement for 2018-19

Motion to approve Tentative Agreement with BCCE for successor agreement for 2018-19:
Alper/Brown and unanimously approved 5-0.

Approval to Enter into an Agreement with the Home Depot Pro Institutional (formerly Supply Works) to Continue Purchasing Supplies as Part of a Piggyback Bid with Fresno Unified through a US Communities Bid

Leyva-Cutler explained that she requested to have this item pulled from consent to state that she was not supportive of BUSD conducting business with Home Depot due to the company’s support of the current administration’s efforts to build a wall and further perpetuate the separation of families: 

Alper moved to approve this item with the request that staff consider Leyva-Cutler’s comments moving forward: Motion was seconded by Hariri.

Sinai amended motion to request that staff move forward with this agreement to purchase from Home Depot only if unable to find an alternative vendor able to supply the same products; Alper seconded motion. Motion carried on a 4-1 vote:

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

EXTENDED PUBLIC COMMENT
Three comments advocating for the hiring of bilingual personnel at Sylvia Mendez Elementary.

ADJOURNMENT
11:20PM

BERKELEY PUBLIC SCHOOLS

Official Minutes

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:30pm. She reported that the Board convened to Closed Session at 5:30pm.

Roll Call
Board of Education:
Judy Appel, President – Excused
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present
Ka’Dijah Brown, Director – Present
Julie Sinai, Director -- Present 

Administration:
Donald E. Evans, Ed. D, Superintendent
Pasquale Scuderi, Associate Superintendent, Educational Services
Pauline Follansbee, Interim Assistant Superintendent, Business Services
Vacant, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA 

Motion to approve agenda:

At the request of Director Alper, item 12.17, Approval of Contracts/Purchase Orders for Services Contracts, was moved to action.

Motion to approve the agenda as amended:
Sinai/Alper and approved 4-0.

REPORT CLOSED SESSION

Vice President Leyva-Cutler reported out on closed session:

Consideration of Student Expulsion (Ed Code Section 48918(c))

Case No. 022105
Motion to approve deferral agreement:
Brown/Sinai and approved 4-0.

Case No. 040203
Motion to approve staff recommendation:Alper/Leyva-Cutler and approved 4-0.

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

Case No.122206
Motion to approve expungement of student record:
Alper/Brown and approved 4-0.

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

OAH Case No. 201904145
Motion to approve staff recommendation:
Alper/Brown and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Recused
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director -- Yes

OAH Case No. 2019040484

Motion to approve staff recommendation:
Brown/Sinai and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Recused
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director -- Yes

OAH Case No. 2019050461
Motion to approve staff recommendation:
Alper/Leyva-Cutler and approved 4-0. 

Public Employee Appointment (Government Code Section 54957)

Vice Principal, Longfellow
Motion to approve the appointment of Doreen Bracamontes as Vice Principal at Longfellow Middle School:
Alper/Leyva-Cutler and approved 4-0.

Authorize the Superintendent to Appoint Employees During the Board’s Summer Recess
Motion to authorize the Superintendent to appoint employees during the Board’s summer recess:
Sinai/Brown and approved 4-0.

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Roy Combs)

Berkeley Federation of Teachers (BFT)
The Board heard an update on this matter; no action was taken.

Snapshot of Our Schools
Presented on excellence through equity at Washington Elementary. 

PUBLIC TESTIMONY
A total of two people addressed the Board:

·      One comment in gratitude of staff at King CDC

·      One comment regarding budget for the offices of student services and title IX complaints 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Vice President Leyva-Cutler recognized Associate Superintendent Scuderi, thanking him for his years of service to BUSD and wishing him well as he moves on. 

Director Sinai also recognized Scuderi for his educational leadership and added that he will be missed. She went on to announce that the City of Berkeley approved budget for workforce housing planning.  

Director Alper thanked Director Sinai for her work around workforce housing. He also thanked Associate Superintendent Scuderi, saying that his departure was a great loss for BUSD, even though the continued purge of Dodgers fans from the District was worthy of celebration. 

Director Brown thanked Associate Superintendent Scuderi for his commitment to BUSD students and families. She congratulated Superintendent Evans on his retirement. 

Superintendent Evans thanked Principal Hazen for a wonderful presentation on the work happening at Washington Elementary. He thanked Associate Superintendent Scuderi and wished him all the success in his new role as Superintendent in Alameda USD.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Alper/Brown and approved 4-0 

Approval of Contracts/Purchase Orders for Services Contracts 12.7

Motion to approve contracts/purchase order for services:
Alper/Brown and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Yes
Julie Sinai, Director -- Recused 

Update on K-9 Math in BUSD – Discussion/40 min Actual:56 min
Allotted time: 40 min
Actual time: 56 min 

Presenters:
Pasquale Scuderi, Associate Superintendent
Maggie Riddle, Executive Director, K-8 Schools
Suneye Cardakli, 9^th Grade Math Coordinator
Tracey Iglehart, K-5 Math Coach
Ryan Keely, Middle School Math Coach

Presenters reported that much discussion has taken place with math teachers, administrators and district staff in response to ongoing concerns around mathematics. Their presentation outlined challenges and areas of improvement as well as potential strategies to address each of them.

Approval of Local Control and Accountability Plan (LCAP) for 2019-20 –  Action
Time allotted: 20 min

Actual time: 4 min

Associate Superintendent Scuderi requested Board approval of the final 2019-20 LCAP for submission to the County: 

Motion to approve final LCAP:
Alper/Sinai and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Absent
Julie Siniai, Director -- Yes

Approval of Adopted Budget for 2019-20 – Action
Alper/Leyva-Cutler and approved 3-0:
Beatriz Leyva-Cutler, Vice President – Yes
Ty Alper, Director/Clerk – Yes
Ka’Dijah Brown, Director – Absent
Julie Siniai, Director -- Yes 

ADJOURNMENT:
9:10pm

BERKELEY PUBLIC SCHOOLS

Official Minutes

Vice President Beatriz Leyva-Cutler called the meeting to order at 7:30pm. She reported that the Board convened to Closed Session at 5:36pm. 

Roll Call
Board of Education:
Judy Appel, President – Present
Beatriz Leyva-Cutler, Vice President – Present
Ty Alper, Director/Clerk – Present
Ka’Dijah Brown, Director – Present
Julie Sinai, Director -- Present
Estella Hemp, Student Director, BHS – Present

Administration:
Brent Stephens, Ed. D, Superintendent
Neil Smith, Interim Associate Superintendent, Educational Services
Pauline Follansbee, Assistant Superintendent, Business Services
Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
Lyz Chairez, Recorder 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
Motion to approve agenda:
Alper/Appel and unanimously approved 6-0 

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

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

OAH Case No. 2019050357
Motion to approve settlement for this matter:
Alper/Brown and approved 5-0

OAH Case No. 2019040934
Motion to approve settlement for this matter:
Alper/Sinai and approved 5-0. 

Claim No. 16-087238
Motion to approve settlement for this matter:
Alper/Brown and approved 5-0.

Claim No. 120200195
Motion to approve settlement for this matter:
Sinai/Appel and approved 5-0.

Conference with Legal Counsel—Anticipated Litigation (Gov. Code Section 54956.9(b)) – One (1) Potential Case

Motion to approve settlement for this matter:
Appel/Leyva-Cutler and approved 5-0 

Public Employee Appointment (Government Code Section 54957)

Associate Superintendent, Educational Services
Motion to approve appointment of Baje Thiara as Associate Superintendent, Ed Services:
Sinai/Brown and approved 5-0. 

Assistant Superintendent, Human Resources
Motion to approve the appointment of Samantha Tobias-Espinosa as Assistant Superintendent, Human Resources:
Appel/Alper and approved 5-0

Special Education Program Supervisor, District Office

Motion to approve the appointment of Lena Sweeney as the Special Education Program Supervisor:
Sinai/Brown and approved 5-0.

Special Education Program Supervisor, Berkeley High School

Motion to approve the appointment of Eileen Jacobs:
Alper/Appel and approved 5-0.

Dean of Attendance, Berkeley High School

Motion to approve the appointment of Aman Watson as Dean of Attendance, BHS:
Alper/Leyva-Cutler and approved 5-0.

Vice Principal, King Middle School

Motion to approve the appointment of Elizabeth Cornwell as Vice Principal of King Middle School :
Sinai/Appel and approved 5-0. 

Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Roy Combs)

Berkeley Federation of Teachers (BFT)
The Board received update and gave direction; no action was taken.

RECOGNITION
Teacher Jacqueline Omania honored as a recipient of the President’s Award 

PUBLIC TESTIMONY
A total of three people addressed the Board: 

Three comments in support of Ms. Omania’s work and in gratitude to the Superintendent and the Board for recognizing her achievements. 

UNION COMMENTS
BCCE President Linette Robinson shared feeling hopeful with the news transition in administration and requested that a thorough evaluation goes into the compensation for classified staff. 

COMMITTEE COMMENTS

Rob Collier, PTA Council President offered the committee’s cooperation and partnership to the Board to address the issues that are coming ahead. He welcomed President Appel back to the Board remarking that her leadership and determination are appreciated. He also welcomed Superintendent Stephens.

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Student Director Estella Hemp thanked her peers for electing her and looks forward to this year.

Vice President Beatriz Leyva-Cutler welcomed President Appel, Superintendent Stephens, and Student Director Estella Hemp. 

Director Ka’Dijah Brown welcomed President Appel back sharing how inspired she was by her resilience.

President Judy Appel thanked all of her colleagues for their support and encouragement. She thanked Leyva-Cutler for stepping up in her absence and for leading amazing work.

Director Julie Sinai welcomed Director Appel back. She also welcomed Student Director Estella Hemp to the Board. She announced that plans for exploration of possible workforce housing sites are moving forward. With respect to public education funding, she reported that there is an initiative to bring $1 billion generated from corporate tax. She will come back in September with senate bill number to request the Board’s endorsement.

Director Ty Alper welcomed Estella Hemp as the new Student Director; he thanked Neil Smith for stepping in in support of the District.; and welcomed President Appel remarking that she’d been greatly missed.. 

Superintendent Stephens welcomed President Appel, Student Director Hemp and the entire community into a new school year. He thanked all of the educators and union partners with whom he met over the summer. He went on to read aloud a statement communicating to the public of a new federal rule, asserting that it would not impede with immigrant families’ access to programs from which they are benefitting, including public education. He reaffirmed that BUSD stands in support of all students and their families.

CONSENT CALENDAR
Motion to approve the Consent Calendar:
Hemp/Alper and unanimously approved 6-0. 

ACTION ITEMS

Action to Confirm Board Officer(s) for Remainder of Calendar Year 2019 – Action (5 min)
Appel resigned from her role as Board President and moved to appoint Leyva-Cutler as President and Alper as Vice-President for this calendar year; Brown seconded motion. Motion carried on a 6-0 vote.

ADJOURNMENT
8:15pm.

BERKELEY PUBLIC SCHOOLS

Vice President Alper called the meeting to order at 10AM. 

Roll Call
Board of Education:
Beatriz Leyva-Cutler, President – Absent
Ty Alper, Vice President/Clerk – Present by phone
Judy Appel, Director– Present
Ka’Dijah Brown, Director – Absent
Julie Sinai, Director – Present by phone 

APPROVAL OF SPECIAL MEETING AGENDA
Motion to approve special meeting agenda:
Appel/Sinai and unanimously approved 3-0 

Approval of Resolution 20-007 for Exemption to the Separation-From-Service Requirement Pursuant to Section 24214.5 or 26812 of the Education Code – Action (5 min):

Motion to approve resolution 20-007:
Sinai/Alper and approved 3-0. 

Adjourned- 10:03AM

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent
FROM: Baje Thiara, Assistant Superintendent
PRESENTER: Tom Reid, Berkeley Adult School Principal
DATE: September 18, 2019
SUBJECT: Berkeley Adult School Update

BACKGROUND:

In the last four years,  the State of California has made significant changes to funding for adult education, and introduced policies and regulations to restructure service delivery. and eliminate Average Daily Attendance as the primary Adult Education funding mechanism. Also in recent years, Berkeley Adult School engaged in a rigorous self-study for accreditation by the Western Association of Schools and Colleges (WASC); this process has led to the development of new growth areas for the school and served as a catalyst for school improvement.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM:      Brent Stephens,Ed.D, Superintendent
Natasha Beery, Director of BSEP and Community Relations
DATE:            September 18, 2019
SUBJECT:      Approval of Preliminary Recommendations for 2020 Ballot Measures

Background Information

At the Board of Education Meeting of September 4, 2019, the Board heard reports from staff on three measures that could be placed on a March 2020 ballot, including the renewal of the Berkeley community’s investment in strong and well-maintained schools through a bond and maintenance tax, as well as the possibility of a new special tax that would improve the ability to recruit and retain educators to Berkeley public schools with compensation that is competitive with area school districts.

Tonight staff is asking the Board for a decision as to whether to move forward with a timeline that could bring these measures to the voters in March 2020. 

Timeline for Consideration of Voter-Approved Measures

The deadline for measures to be submitted to the Registrar of Voters for the March 3, 2020 ballot is December 6, 2019. Therefore, the Board would need to adopt a resolution to approve measure language with two readings before that time.

Staff proposes further committee work and public engagement over the next two months to discuss further details of the proposed measures. This timeline would allow a further discussion at the October 23 Board meeting which would include recommendations on the structure of each measure, including term (in years), amount (rate and total), measure purpose and use, exemptions, and oversight provisions.

If the Board approves moving forward toward a March 2020 timeline, draft measures and resolution will be brought to the Board for first reading on November 6 and for action on November 20 in order to qualify for filing in December for a March 2020 ballot.

Public Process

For the bond, maintenance tax and proposed special tax, staff and board have engaged with workgroups and oversight committees that specialize in each area. A Facilities Master Planning process engaged extensively at the district and site level over the past year. Before the next presentation to the Board, staff proposes to include further public engagement, including a voter poll to be concluded by September 18, meetings with the BSEP Planning and Oversight Committee and the LCAP Parent Advisory Committee on September 17 and 19, respectively, a Town Hall tentatively scheduled for October 10, a “Noche en Español” on October 9, workshop with District committee leadership on October 17, as well as Superintendent’s engagement with the PTA Council, League of Women Voters, and other community groups. The results of these conversations will be reported on October 23rd for Board discussion prior to the draft measures coming to the Board on November 6, 2019 for a first reading.

RECOMMENDATION:
Receive and approve the recommendation to move forward with a March 2020 timeline for voter measures.

FISCAL IMPACT:
Bond estimated to provide about $21 million per year for facilities projects to supplement and eventually replace Measure I of 2010.

Maintenance tax to provide approximately $7 million per year beginning in 2023, replacing the current Measure H at its expiration.

Berkeley Educator Special Tax amount to be determined.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Board of Education  
FROM:            Brent Stephens Ed.D, Superintendent
John Calise, Executive Director of Facilities
DATE:            September 18, 2019
SUBJECT:      General Obligation Bond Consideration

BACKGROUND INFORMATION:
On September 4, 2019, Staff presented to the Board of Education an update on the current Capital Facilities Program and the Facilities Master Plan Process.  As a result of that presentation, Staff will present the Governing Board with a cost analysis of a General Obligation Bond to be considered as a 2020 ballot measure.  This future Bond would fund infrastructure and system replacements that will be needed across the District, along with a myriad of other project types that will enhance the student learning environment.  All of the project types that have been considered and included will allow the District to continue to provide excellent instruction that aligns with 21^st-century curriculum.

Based on work that was completed during the Facilities Master Plan Process and within the Superintendent’s Measure Planning Committee meetings, staff recommends the following:

1. To proceed with a Proposition 39 Bond in March or November which would cover District needs for the period 2021 to the end of 2030;
2. To simultaneously proceed with a renewal of the Maintenance Special Tax; and,
3. To proceed with projects that require a bond authorization of $380 million.

A review of the existing maintenance tax has resulted in no plans to increase the size of the maintenance tax beyond its yearly cost of living adjustment.

POLICY/CODE:
None

FISCAL IMPACT:
None at this time

STAFF RECOMMENDATION:
Receive as information.

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.