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 5:30 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

RESOLUTION NO. 20-013 

RESOLUTION IN SUPPORT OF “United Against Hate Week in Berkeley”

WHEREAS, since January 2017, there has been an alarming increase in fringe ideologies using hatred as a means of intimidation; and

WHEREAS, numerous policy positions, from wanting to build a wall to most recently separating families at the border, combined with the actions and rhetoric of President Trump, have fueled the normalization of hateful and racist discourse; and 

WHEREAS, attacks on immigrants, synagogues, Muslims, people of color, women, the LGBTQI community, and our most vulnerable are now more frequent, resulting in an uptick in hate crimes and the open promotion of xenophobic ideas; and 

WHEREAS, in response to the numerous events and to clearly state our shared value, Berkeley developed the Berkeley Stands United Against Hate campaign, which was adopted by several other cities in the Bay Area, and served as a uniting and hopeful beacon amidst a challenging time, declaring our commitment to inclusivity; and

WHEREAS, to further respond to the divide currently facing our nation, cities across the Bay Area are organizing a “No Hate Week” that will take place November 17-22, 2019;

THEREFORE, the Berkeley Unified School District declares November 17-22, 2019 as “No Hate Week” and will support and encourage appropriate educational and community events. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       October 23, 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:       Board of Education
FROM:     Brent Stephens, Ed.D., Superintendent
DATE: October 23, 2019
SUBJECT: Coordinator, BREA

STAFF RECOMMENDATION: 
Staff recommends Board approval for the appointment of Thomas Reinhardt as Berkeley Research, Evaluation & Assessment (BREA) Coordinator. Interviews have been held and reference checks have been completed.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       October 23, 2019
SUBJECT:     Changes to Contracts for Independent Study Teachers

BACKGROUND INFORMATION:
Given the California Ed Code and the responsibility to properly classify the teachers in the Berkeley Independent Study program, District staff is recommending the following changes, which honor the years of service these teachers have provided to the students of BUSD. After these changes are made eleven (11) BIS teachers will have permanent status, two (2) will have probationary 2 status, and one (1) will have probationary 1 status. 

Berkeley Unified School District

TO:               Brent Stephens, Ed.D., Superintendent
FROM:         Bajé Thiara, Associate Superintendent, Educational Services
DATE:          October 23, 2019
SUBJECT:   Out-of-State Travel Request

BACKGROUND INFORMATION:
The following out of state travel request is being requested:

La Cosecha 2019 Annual Dual Language Conference in Albuquerque, NM, November 13-16,2019
Approval for Veronica Valerio Duncan Principal at Sylvia Mendez Elementary School to attend this four day, three night dual language conference which will give Veronica the opportunity to attend presentations and workshops to support two-way immersion education.  Requested by Maggie Riddle, Executive Director, K-8 Schools.  Travel and conference cost will be paid by Title III funds.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION
Approve the out of state travel consistent with District policies and instructional programs.

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:          Jan Hamilton, Executive Director of Special Education

Date:           October 23, 2019

Subject:     Approval of Master Contract for Nonpublic Agency Services for 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.

Speech Pathology Group (SPG) will assign a Board Certified Behavior Analyst (BCBA) Clinical Supervisor to serve as a single point person for BUSD to coordinate services, problem-solve and address priorities, as directed by district administrators. 

SPG will also provide the following services:

• SPG will reassign Registered Behavior Technicians (RBTs), based on BUSD’s priorities
• SPG will provide consistent sub coverage for RBT
• SPG behaviorists will focus solely on school-based services and therefore, understand the collaborative nature of working with IEP teams, administrators, and site-based staffed  
• SPG behavior teams will have Counseling Enriched Classroom (CEC) experience and will support the Rosa Parks Elementary School (CEC)   
• BCBAs will create and implement fade plans to foster student autonomy
• RBTs will far exceed the minimum qualifications required by the Behavior Analyst Certification Board. They will participate in monthly continuing education tailored to meet the needs of the district
• SPG will focus on data. RBTs will record daily data on tablets assigned by SPG. Data will be reviewed weekly by BCBAs and progress reports will be generated three times per year, or at any time upon request. District-wide outcome data will also be provided.

STAFFING 

27 RBTs will be provided:

• One-to-one support using ABA principles for high needs/high profile cases 
• Whole classroom support/modeling within Counseling Enriched Classrooms
• Detailed data collection for each one-to-one case, using tablets issued by SPG
• Dedicated RBTs to provide sub coverage and staffing for immediate needs

BCBA Clinical Supervisor will: 

• Oversee all SPG behavior services within the district and serve as a point person for BUSD staff. 
• Ensure that all staff assigned to BUSD are oriented to district-specific policies and procedures
• Review data for all cases for quality assurance and in preparation to report case-specific and district-wide outcomes 
• Attend BUSD behavior staff meetings, taking notes to ensure that all SPG staff receive this information
• Field district requests for RBT staffing or reassignments
• Immediately address any concern brought by BUSD administration or staff
• Deliver materials, including tablets, reinforces or training supplies
• Assist with documentation preparation and data review for challenging cases
• This dedicated BCBA Clinical Supervisor will also supervise RBTs working within the district and will therefore be familiar with sites and staff

1-2 BCBA Clinical Supervisors will provide:

• Weekly direct supervision for each RBT providing one-to-one support
• Support to teachers and site staff to problem-solve and ensure effective implementation of behavior plans
• Summaries and outcome data for one-to-one cases three times per year (to align with progress reports), or as often as requested
• Clear and responsive communication with district administrators and site staff to coordinate effective service delivery 

SPG will provide Speech Language Pathologist (SLPs) to serve BUSD speech services.  SLPs will work with BUSD students to prevent, assess, diagnose and treat speech, language, social communication, and cognitive-communication. Services will include but will be not limited to assessments, services, progress monitoring, and input and collaboration with the student’s IEP team as it relates to students’ speech needs.

SPG will provide BUSD with school psychologist.  School psychologist will complete assessments and will provide ongoing support and guidance as it relates to serving students’ with IEP’s.  School psychologists will apply their advanced training in human development, behavior, and mental health to help students excel in the school environment.  

POLICY/CODE

Education Code 39800

FISCAL IMPACT

Not to exceed $ 3,359,435.24 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:             Jan Hamilton, Executive Director of Special Education

Date:               October 23, 2019

Subject:          Approval of Master Contracts for Residential Nonpublic Schools for 2019-20 School Year (7/1/2019-12/31/2019)

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.

The service period will be six months. Students may come back from RTC or need to extend the services after six months.

POLICY/CODE

Education Code 56034, 56366

FISCAL IMPACT

Not to exceed $202,791.70 from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION

Approve the Master Contracts for the Residential Nonpublic Schools listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

To:               Brent Stephens, Ed.D., Superintendent

From:           Jan Hamilton, Executive Director of Special Education

Date:            October 23, 2019

Subject:        Approval of Master Contracts for Nonpublic Schools for the 2019-2020 School Year

BACKGROUND INFORMATION

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

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

POLICY/CODE

Education Code 56034,56366

FISCAL IMPACT

Not to exceed $682,217.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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:           October 23, 2019

Subject:     Approval of Memorandum of Understanding with County of Alameda Health Care Services Agency for the 2019-2020 School Year

BACKGROUND INFORMATION

The District contracts with the County of Alameda Health Care Services Agency, Behavioral Health Care Services (BHCS), with respect to the provision of Educationally Related Mental Health Services (ERMHS) under the Individuals with Disabilities Education Act. BHCS will provide ERMHS to students with disabilities, as requested by the District, including assessment, assessment reports, consultation and IEP attendance, individual, group, and family therapy, crisis intervention, collateral therapy and case management and shall bill the District.

Multiyear MOU 2017/2018/2019 for mental health services (2017-2018 SY approved in 4/11/2018 Board meeting, item#12.8). 2019-2020 school year estimated amount is $929,772.28 based on 2018-2019 school year payment.

POLICY/CODE

Education Code 56363

FISCAL IMPACT

Not to exceed $929,772.28 funded from the Special Education Budget.

STAFF RECOMMENDATION

Approve the MOU for the County of Alameda Health Care Services.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Dr. Brent Stephens, Ed.D., Superintendent

FROM:        Pauline E. Follansbee, Assistant Superintendent, Business Services

DATE:        October 23 , 2019

SUBJECT: Approve Listing of Warrants issued in September 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 September 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 September 2019.

FISCAL IMPACT:

$7,756,853.29 for the month of September 2019 from various funds.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        October 23, 2018

SUBJECT: Approval of Payroll Warrants Issued in September 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 September 2019.

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$8,187,417.94, for September 2019 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in September 2019.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D, Superintendent
FROM:  Pauline Follansbee, Assistant Superintendent of Business Services
DATE:   October 23, 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. The Sports Basement donated $539 to Sylvia Mendez PTA.
2. Ackerman’s Servicing Volvo’s Inc. donated $15.47 to Rosa Parks Principal’s Discretionary Fund.
3. Daniel Jung-Disney VolunEars Grants donated $500 to Rosa Parks Principal’s Discretionary Fund.
4. YourCause Wells Fargo Community Support Campaign donated $420 to Rosa Parks Principal’s Discretionary Fund.
5. YourCause Wells Fargo Foundation Educational Matching Gifts. Program donated $420 to Rosa Parks Principal’s Discretionary Fund.
6. The Sports Basement donated $548 to Rosa Parks Principal’s Discretionary Fund.
7. Philanthropic Ventures Foundation donated $500 to Rosa Parks Principal’s Discretionary Fund.
8. Philanthropic Ventures Foundation donated $500 to Rosa Parks Principal’s Discretionary Fund.
9. Berkeley Public Schools Fund donated $2,928.64 to Berkeley Certified Educator Cohort PD, Schools Fund 19-20.
10. University of California donated $7,500 to Sylvia Mendez Mural.
11. Emerson PTA donated $400.
12. YourCause, LLC Trustee for Wells Fargo donated $2,500 to Malcolm X School.
13. Malcolm X Schools PTA donated $3,655 to Puberty Education with Contractor Ivy Chen.
14. The Sports basement donated $419 to Cragmont School.
15. Growing Leaders donated $1,754 to Cooking and Gardening for Anna Reed.
16. Rosa Parks PTA donated $99,462.
17. Berkeley High School Development Group donated $31,500 to the Principal’s Discretionary Fund for after school tutoring for 1^st semester.
18. Berkeley Public School Fund donated $850 to Berkeley High School U9 Year 2 Summer PD 18-765.
19. Berkeley Public School Fund donated $957.79 to pay for Silicon Valley Math Initiative Professional Development Meetings.
20. Berkeley Public Schools Fund donated $1,105.15 to pay for Berkeley Educator Cohort PD.

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 $156,074.05 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:        October 23, 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. Haynes Family of Programs, to provide NPS services for special education student for the 2019/20SY. The cost will not exceed $35,000. To be paid from Special Education Funds. Requested by Jan Hamilton.
2. Leadership Associates, to provide the Superintendents advisement services for the 2019/20SY. The cost will not exceed $11,000. To be paid from General Fund. Requested by Brent Stephens.
3. Parisi Transportation Consulting, to provide temporary traffic control plan for Berkeley Community Theater Project. The amount will not exceed $23,000. To be paid from Measure I. Requested by John Calise.
4. Increase in contract to Terracon to provide hazardous materials survey services for the Berkeley Community Theater Project. The Board originally approved $20,000 on 5/3/17. The additional amount needed is $10,000 for a total amount of $30,000. To be paid from Measure I. Requested by John Calise.
5. Increase in contract to Seven Eleven Body Shop to provide additional repair services to buses due to collision damages incurred. The Board originally approved $20,000 on 9/26/19. The additional amount needed is $10,000 for a total amount of $30,000. To be paid from General Fund. Requested by Sheila Collier.
6. Ratification of contract with Hobsons, Inc. to provide Naviance software for career and transcript delivery of high school students during 2019/20SY. The cost will not exceed $12,582.12. To be paid from CTE Fund and General Fund. Requested by Jay Nitschke.
7. Ratification of contract with Nema Construction to replace lighting at Berkeley High School football stadium for the 2020FY. The cost will not exceed $33,040.00.  To be paid from Measure H. Requested by Steve Collins.
8. Ratification of contract with Consolidated Partitions to provide locker installation services for Willard Middle School boys’ locker room for the 2020 FY. The cost will not exceed $27,000. To be paid from Measure H. Requested by Steve Collins.
9. Perry Chen, to provide consulting services to support the Longfellow Long Term Vision Plan and LCAP/EL strategic planning for the 2020-2023 plan for the period of 11/1/19 to 6/30/20.  The cost will not exceed $65,000.  $35,000 to be paid from a Berkeley Public Schools Fund grant and $30,000 will be paid from LCAP funds.  Requested by Baje Thiara.

 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:        John Calise, Executive Director of Facilities        

DATE:         October 23, 2019

SUBJECT:  Approval to Enter into a Lease to Purchase Agreement with Flowater for seventeen water stations

BACKGROUND INFORMATION

BUSD passed a sustainability plan in November, 2018. As part of the plan, staff has been working on reducing waste throughout the District. One major source of waste is the use of disposable cups that the Nutrition Services Department must use to serve water to students during lunch.

Staff researched solutions based on the following criteria: healthy filtered water, ability to be installed in the cafeterias, rate of flow, and potential curriculum integration. Flowater water stations satisfy all of the criteria.  

We would like to enter into a two-year lease-to-purchase agreement for seventeen Flowater stations for fiscal years 2020 and 2021.  The first year costs for installation, lease and service is $31,900. The second year cost for purchasing the machines is $64,600. The total contract amount is $96,500.

POLICY/CODE

Board Policy 3310 

FISCAL IMPACT

$1,200 is to be paid from General Fund and the balance is to be paid from Measure H. All items are contained within the budget lines. Staff will also research grants to help defray costs.  

STAFF RECOMMENDATION

Approve contract with Flowater for an amount not to exceed $96,500.        

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities    
DATE:            October 23, 2019
SUBJECT:     Approval of a Contract with W.A. Thomas as a General Contractor for the Rosa Parks Portable Project and Approve Resolution 20-010

BACKGROUND:
The Rosa Parks Portable Project supports the Rosa Parks Multi-purpose Room Roof Replacement Project which will bid later this month.  Due to the construction at the multipurpose room, school programs like music, after school, physical education during inclement weather and evening community meetings for the PTA and community need a space during the six-month MPR project.  For this reason, a 48’x40’ portable classroom will be temporarily installed on the field for the site’s use.

The Rosa Parks Portable Project has undergone a competitive bidding process.  The project was publicly advertised two times before the bid opening as required per Public Contract Code.  A mandatory pre-bid site walk occurred on September 19th where 15 contractors attended.  Dozens of prime contractors and subcontractors were solicited to participate.  Prime contractors and mechanical, electrical and plumbing subcontractors were prequalified to bid on this project.  Bids were publicly opened on October 3, 2019.  The bid results were as follows:

 Three bids were received.  The lowest responsible bidder is W.A. Thomas.

RECOMMENDATION:
Approve a contract with W.A. Thomas as a general contractor for the Rosa Parks Portable Project.

FISCAL IMPACT: 
Cost award by this action: $471,000.  All costs are contained within Measure AA bond funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Ed.D., Superintendent

FROM:             John Calise, Executive Director of Facilities

DATE:              October 23, 20189

SUBJECT:         Approval of Contract Modification 2 with CAW Architects for Modernization of West Campus Capacity Project

BACKGROUND INFORMATION

On December 7, 2016 the Board of Education approved a contract for CAW Architects to complete a Scoping and Assessment Study of West Campus Capacity Project.

The project is currently under construction:  kitchen, minor upgrades to classrooms, library and site work.  The auditorium is currently in review with the Division of the State Architect. 

Originally, West Campus was to serve as a temporary campus for elementary schools while their sites were under construction so as not to disturb the learning process. The original project had minimal scope.  Since this may be a long term location for an elementary school, staff has requested additional improvements including a new artificial turf field, additional play structure, community garden, new site fencing, elevator, sinks in every classroom as well as requirements by public agencies including trash enclosure and fire sprinklers at the gymnasium.

Facilities staff is requesting approval of contract modification 2 with CAW Architects to provide architectural and engineering services for the additional scope.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT

Contract award by this action: $428,172 to be Paid from Measure I Bond Funds.  Project budget to be established with the Measure I Bond Reallocation.

STAFF RECOMMENDATION

Approve contract modification 2 with CAW Architects for the Modernization of the West Campus Capacity Project.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: October 23, 2019
SUBJECT: Approve a Contract with KDI Group Inc. for the Berkeley Community Theater Project  

BACKGROUND INFORMATION 
Berkeley Unified School District is currently working on the pre-construction phase of the Berkeley Community Theater Project.  In anticipation and preparation for the project to begin in June of 2020, the Facilities Department requested proposals for DSA approved inspectors for this project.  After proposal review and a competitive interview process, staff agreed on a recommendation for the Board. The State requires that routine inspection be performed by a qualified Inspector of Record.  Additionally, due to the size and scope of this project, DSA requires a second inspector (an assistant IOR) on the project.  


POLICY/CODE
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT
$622,500. All costs are contained in the Measure I Bond Fund.  

STAFF RECOMMENDATION
Approve KDI Group Inc. for a contract of $622,500.       

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:         October 23, 2019
SUBJECT:  Tentative Agreement with the Union of Berkeley Administrators (UBA) for Successor                Agreement for 2018-21

BACKGROUND INFORMATION:
The District and the Union of Berkeley Administrators (UBA)are parties to a collective bargaining agreement that ended June 30, 2018. On June 13, 2019, representatives for the District and Local 21 reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2021. The UBA membership ratified this Tentative Agreement on October 6, 2019.

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

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the Tentative Agreements.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Board of Education  

FROM: Brent Stephens, Superintendent, Ed.D 

DATE:   October 23, 2019 

SUBJECT: Oxford, landslide deformation report 

BACKGROUND:

On September 26, 2018 the Board approved a Geotechnical services contract for Alan Kropp and Associates, a Berkeley-based Geotechnical Engineering firm to perform a geotechnical survey which was required by the Division of the State Architect for the reconstruction project of the existing multi-purpose room on the Oxford campus.  The reconstruction project (Board approved in January of 2018) included the demolition of the old Multi-Purpose Building and construction of a new Multi-Purpose Building with new Classrooms on the lower level. The project also included major reconfiguration and renovations to the existing Classroom/Administration wing.  

After initial site evaluation, Kropp had indicated in meetings with the District that there was a need for an expanded geotechnical investigation of the site based upon potential soil movement in the neighborhood where the campus is located.  This issue required a more extensive study to meet the requirements for project approval from the California Geological Survey (CGS) as well as the Division of State Architect (DSA).  

Based on the information provided in this meeting and validated by governing State agencies, the facilities department brought a contract modification to the Board on November 14, 2018.  The contract for more extensive services and investigation was approved and physical data collection took place over the winter break. The contract included analysis, reporting, coordination with CGS and DSA to develop project foundations which could possibly mitigate identified geo-hazards.  The scope of work as defined in the contract included multiple, very deep borings and several large-diameter borings which will allow the team geologist to accurately characterize the site conditions.  

On September 12, 2019 the Landslide Deformation Report was completed and delivered to District staff.  A study of the 444-page report by staff revealed there to be an elevated level of risk at the site which was different than what District staff had been previously aware of. 

As of October 23, 2019, BUSD staff has presented a summary of this report in three separate meetings with Oxford teachers and parents. These findings are summarized in this evening’s staff presentation to the Board of Education. (For the public, this presentation is included as an attachment to the October 23, 2019 Board agenda.)

As part of this evening’s presentation to the Board, the Superintendent will share, for the purpose of discussion only, a preliminary staff recommendation to relocate Oxford students and staff to the West Campus facility during the summer of 2020 for the start of the 2020-2021 school year.  I anticipate bringing this recommendation to the Board of Education for action on November 6, 2019.

POLICY/CODE

FISCAL IMPACT

None at this time

STAFF RECOMMENDATION:

To receive as information 

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Ed.D.

Date: October 23, 2019

Re: Possible March 2020 Ballot Measures: Update on Public Process and Measure Features

On November 6, 2019, BUSD staff plan to introduce for first reading a new special tax that would generate revenue for educator recruitment and retention. The Board of Education will hear a second reading of this new tax on November 20, 2019. If approved by the Board on that date, the measure will then be added to the March, 2020 ballot.

The attached document describes the key features of this measure, including the amount to be raised each year, the tax rate per square foot, the term of the tax (number of years), exemptions to the tax, the key purposes of the tax, and key provisions related to citizen and Board oversight of these revenues.

The attached document also describes the public engagement process related to the new special tax, and feedback received by staff in response to this engagement.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Bajé Thiara, Associate Supt. of Educational Services
DATE:         October 23, 2019
SUBJECT:  2019-20 Student Admissions Update

BACKGROUND INFORMATION
On June of 2015, the Berkeley Board of Education approved a new Admissions and Enrollment Policy (BP5111).  The policy directs staff to provide an annual enrollment update to the Board.  Presently, Berkeley Unified School District (BUSD) has 9839 students enrolled in district schools.  The projected student enrollment for the 2019-20 school year was 9801.  With a present student population of 9839, there are thirty eight (38) more students enrolled in BUSD schools that it was projected in the spring.  Additionally, thus far the Admissions Office enrolled approximately 1320 new students in BUSD for the 2019-20 school year.  

The new Admission Policy requires students transitioning from 5^th grade to 6^th grade and from 8^th grade to the 9^th grade to certify that they continue to be Berkeley residents.  Of approximately 753 fifth graders, 725 (96.3%) provided the necessary documents to attend the District’s middle schools.  There were about 699 eighth graders in BUSD’s middle schools during the 2018-19 school year and 674 (96.4%) complied with the enrollment policy requirements in order to continue onto Berkeley High School. 

There was extensive outreach on the part of the Admission Office to assist new families and families transitioning to middle school and high school.  Families whose children were transitioning to middle and high school were informed in writing, via personal phone calls and communications from the elementary and middle schools about the rematriculating process.  The Admissions Office was also open during three Saturdays in December and January to accommodate working families. 

In order to ascertain the compliance of the Berkeley residency requirements, at times it has been necessary to conduct address verifications.  District staff has visited 235 residences of students enrolling for the 2019-20 school year.  Of the address verifications, 44 (18.7%) students were not enrolled in Berkeley Unified Schools because families were not truthful about their Berkeley residency.  The address verifications have been conducted throughout Berkeley, Oakland and West Contra Costa. The accompanying map indicates where the bulk of the address verifications have taken place.

Berkeley Unified School District has also accepted students on inter-district permits.  There are 960 students attending BUSD on inter-district permits.  For the 2019-20 school year, 112 new students were admitted into BUSD schools.  Of the 112 granted inter-district permits 54 were for children of BUSD employees who do not live in Berkeley.  Additionally, 26 students were admitted because they had siblings attending BUSD schools.  An accompanying table details the numbers of permits granted and denied by grade.   

BUSD also denied 271 inter-district requests; 36 were students who attended BUSD schools in 2018-19 attended but did not meet the requirements of grades attendance and behavior as established by Board policy.  235 new permits were denied because of lack of space BUSD schools.   

Berkeley residents also requested inter-district permits to attend schools outside of Berkeley.  65 students requested inter-district permits for the 2019-20 school-year to attend non BUSD schools. The breakdown for the students opting not to attend BUSD is as follows:  20 for elementary school, 12 for middle school and 33 for high school.

POLICY/CODE
Board Policy 5111, Student Admissions and Enrollment

FISCAL IMPACT
None

STAFF RECOMMENDATION
Receive 2019-20 student admissions update report for information.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:       Bajé Thiara, Associate Supt. of Educational Services
DATE:        October 23, 2019
SUBJECT: School Class Size Report

BACKGROUND INFORMATION
Since 1987, Berkeley Schools Excellence Program (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all Berkeley public schools. In 2016, BSEP Measure E1 reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to continue maintaining a lower student-to-teacher class size ratio. Currently, BSEP funds approximately 30% of classroom teachers in Berkeley schools.

The class size goal in K-3 is a school-wide average of 23:1. The prior BSEP Measure A of 2006 has a goal for fourth and fifth grade as a district-wide class size average of 26:1 and it remains in place until the ultimate goal of Measure E1, a balanced school-wide average of 23:1 to be achieved by the 2022-2023 school year, the sixth year of the Measure. The goal for secondary schools remains a district-wide class size average of 28:1.

2019-20 Class Size Reports

The class size goals in elementary schools have been met.  For K-3, all school sites have averages below 23:1, and in fact school-wide class size averages are currently below 23:1 for K-5 as well.  The district-wide class size goal of 26:1 for fifth and sixth grade was also met.  A few elementary schools have a class size average of more than 26 students in fifth and fourth grade.  A solution could have been to implement 4^th/5^th grade combination classes.  However, most families and teachers do not favor combination classes.  As a result, a few elementary schools have smaller class averages in the fourth grade and/or fifth grade.  

The class size goals in middle school have been met, with an average class size of 26.5 in sixth grade.  The district-wide class size average in 7th and 8th grade is 26.7 excluding PE.

High school class size averages have been met, with an average class size of 26.9 at Berkeley High School excluding PE.  The class size average for ninth grade including the LEAP academic support elective is 24.6.  Berkeley Technology Academy class size average is 9.2 students per teacher, significantly less than the 18:1 average stipulated in the Measure.

POLICY/CODE
Berkeley Schools Excellence Project, Measure E1 of 2016

FISCAL IMPACT
None 

STAFF RECOMMENDATION
Receive the School Class Size Report for 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.