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Regular Meeting
Berkeley USD
March 11, 2020 7:30PM
1231 Addison Street, Berkeley, CA 94702

1. Call to Order - 5:45 PM
Quick Summary / Abstract:

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. 




2. Closed Session Public Testimony
Quick Summary / Abstract:

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. 




3. Closed Session
Quick Summary / Abstract:

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.

3.1. Superintendent's Evaluation (Gov Code. Section 54957)Confidential agenda item.
3.2. Public Employee Discipline/Dismissal/Release/Evaluation (Government Code Sections 54954.5(e), 54957)Confidential agenda item.
3.3. Conference with Legal Counsel—Anticipated Litigation (Gov. Code Section 54956.9(b)) – Two (2) Potential CasesConfidential agenda item.
3.3.1. 201920-07Confidential agenda item.
3.3.2. 201920-08Confidential agenda item.
3.4. Conference with Legal Counsel - Existing Litigation (Government Code Section 54596(a))Confidential agenda item.
3.4.1. OAH Case No. 2019091113Confidential agenda item.
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of March 11, 2020
6. Snapshot of Our Schools - Jefferson Elementary School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Stephens, Ed.D., Superintendent
FROM: Baje Thiara, Associate Superintendent
PRESENTERS: Mary Cazden, Principal, Seonaid Dickinson, Response to InterventionTeacher, Beth Trevor, Literacy Coach
DATE: March 11, 2020
SUBJECT: Jefferson Literacy - Meeting the Needs of Every Student!

PURPOSE:

In this presentation Jefferson staff will discuss literacy work that is being done in Tiers 1, 2 and 3 to support students and classroom teachers in literacy. In Tier 1, the literacy coach, Beth Trevor will explain how professional development works with the Wednesday Literacy Labs and and follow-up coaching that support components of a TCRWP lesson. The Response to Intervention teacher, Seonaid Dickinson, will discuss how the Coordination of Services Team uses data to identify focal students for literacy interventions. She will then share a few examples of Tier 2 and 3 literacy interventions. Finally, we will discuss a case study and share some student work samples.



 
Attachments:
Jefferson Elementary School Presentation
7. Report on Closed Session
8. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. 

9. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
10. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
11. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

12. Consent Calendar - approval requested
12.1. Approval of Human Resources Reports
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       Mrch 11, 2020
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.











 
Attachments:
Certificated Personnel Report 03.11.20
Classified Personnel Report 03.11.20
12.2. Approval of MOUs between BUSD and BFT
Rationale:

Berkeley Unified School District

 

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent
DATE:         March 11, 2020
SUBJECT:  Approval of BFT MOU’s

BACKGROUND INFORMATION:
Approval of the following BFT MOUs that were signed since the last board meeting of November 6, 2019, is being requested:

  • CAS Support Group Leader Stipend
  • Berkeley Independent Study Implementation - Address the transition of Berkeley Independent Study teachers from hourly employees to salaried employees.  The MOU will address the date of implementation, FTE calculations, the Instructional Day, and the Sick Leave Transition.
  • Compensation for Career and Technical Education (CTE) Teaching Positions.
  • Summer School and Extended School Year (ESY) Daily Rates for 2020.





 
Attachments:
BUSD BFT MOUs
12.3. Approval of New Job Description: Special Education & Student Services Associate Deputy Attorney
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Brent Stephens, Ed.D., Superintendent
FROM:             Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:              March 11, 2020
SUBJECT:       Special Education & Student Services Associate Deputy Attorney Job Description

BACKGROUND:
Attached is the job description for the new classification of  Special Education & Student Services Associate Deputy Attorney. This position is being created to address the legal needs of the Special Education and Student Services departments. The position is cost neutral as it will use a portion of the amount budgeted for legal costs.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the Special Education & Student Services Associate Deputy Attorney.





 
Attachments:
Special Education & Student Services Associate Deputy Attorney Draft Job Description
12.4. Approval of New Job Description: Visual and Performing Arts (VAPA) Clinician (Walk On Coach)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                   Brent Stephens, Ed.D., Superintendent
FROM:             Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:              March 11, 2020
SUBJECT:       VAPA Clinician (Walk On Coach) Job Description

BACKGROUND:
Attached is the job description for the new classification of  VAPA Clinician (Walk On Coach). This position is being created to address the legal changes to the independent contractor rules. This is a temporary/at will/unrepresented position with no impact on current classified or credentialed positions. This will be cost neutral as it will replace the current independent contracts used by the district to bring these services to our students.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the VAPA Clinician (Walk On Coach).




 
Attachments:
Visual and Performing Arts Clinician (Walk On Coach) Draft Job Description
12.5. Non-Reelection of Probationary Certificated Employees
Quick Summary / Abstract:



Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed.D., Superintendent
FROM:         Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources      
DATE:          March 11, 2020
SUBJECT:   Non-Reelection of Probationary Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a probationary contract.  An individual newly-employed by the District must serve a probationary period before earning permanency. A probationary certificated employee shall be notified, on or before March 15 of the employee’s second complete consecutive school year of probationary employment, of the District’s decision to not reelect the employee for the next succeeding school year.

POLICY/CODE:
Education Code section 44929.21(b)

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.




 
Attachments:
Resolution for Probationary Non-Reelections
12.6. Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed. D., Superintendent
FROM:          Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources      
DATE:          March 11, 2020
SUBJECT:   Release/Non-Reelection of Temporary and/or “Probationary 0” Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a temporary contract for multiple specified reasons.  Such employees may be released at the end of the school year at the Board’s discretion.  To prevent overstaffing, to maintain the integrity of the employment process, and to ensure that the District employs the best available certificated staff, it is prudent to release Temporary (including “Probationary 0”) employees at the conclusion of the school year.  Such individuals may re-apply for vacant positions in the District.

POLICY/CODE:
Education Code Sections 44954 and 44909

FISCAL IMPACT:
Reduction in employee costs

STAFF RECOMMENDATION:
Approve the Resolution.






 
Attachments:
Resolution for Temporary Releases/Non-Reelections
12.7. Approval of Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed.D, Superintendent
FROM:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          March 11, 2020
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. Wells Fargo donated $420. to Rosa Parks Principals Discretionary Account.
  2. Berkeley Public Schools Fund donated $373.07 for substitute for safety officer Mark Griffin to chaperone field trips 10/7 & 10/21/2019.
  3. Wells Fargo donated $420. To Rosa Parks Principal Discretionary Account.
  4. Berkeley High School Development Group donated $28,500. to Berkeley High School 2nd Semester After School Tutoring.
  5. Berkeley Public Schools Fund donated $91.36 to Longfellow for teacher Shannon Houston to give private music lessons to 2 students.
  6. Berkeley Public Schools Fund donated $101.85 to Mariah Castle “Peer Learning Community” for BUSD Theater Teachers.
  7. Nathan Phillips Photography donated $300. to Washington Principal’s Discretionary Fund.

 

STAFF RECOMMENDATION:
Accept the donations to the District and request staff to extend letters of appreciation. 

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $30,206.28 in donations



 
12.8. Approval of Contracts/Purchase Orders for Services Contracts Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed. D., Superintendent

FROM:      Pauline Follansbee, Asst. Superintendent of Business Services

DATE:       March 11, 2020

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. William Ribak to provide after school enrichment classes at Cragmont Elementary for the period from 9/17/19 - 5/22/20. The cost will not exceed $11,600. To be paid from PTA Donations. Requested by Aaron Jorgensen.
  2. The City of Berkeley to provide fire inspection services for the Maintenance Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
  3. Bosco to provide general contracting services for the Maintenance Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
  4. SyTech Solutions to provide digital imaging services for Human Resources department for the period from 7/16/19 – 6/30/20. The cost will not exceed $48,464. To be paid from General Fund. Requested by Pauline Follansbee.
  5. Gloria Estavillo to provide English Language Development Support for Educational Services Department for the period from 3/25/20 – 6/30/20. The cost will not exceed $20,000. To be paid from Tier III State & Federal and Testing & Assessment General Fund. Requested by Baje Thiara.
  6. Strategies for Learning, Inc. to provide instructional remediation sessions for Special Education Department for the period from 7/1/19 – 6/30/20. The cost will not exceed $10,500. To be paid from Special Ed Fund. Requested by Baje Thiara.
  7. Ratification of contract with Prime Mechanical to provide walk-in freezer repair services at Berkeley High School for the period from 7/1/19 – 6/30/20. The cost will not exceed $38,343. To be paid from Measure H. Requested by Steve Collins.
  8. Increase to PO#200202 to Shoreline, to provide HAZMAT services for the Maintenance Department for the period from 7/1/19 – 6/30/20. The Board originally approved $30,000 on 6/12/19. The additional amount needed is $45,000 for a total amount of $75,000. To be paid from Measure H. Requested by Steve Collins.
  9. Increase in contract, PO#201771 to Marutzzella Castro, to provide services as Interim Title IX Coordinator for the remainder of the 2019/20 SY. Original contract issued 2/5/20 for $9000. The additional amount needed is $3000 for a total amount of $12,000. To be paid from General Fund. Requested by Baje Thiara.
  10. Liz Angoff to provide IEE Assessments for two students as required by Special Education Department for the 2019/20SY. The cost will not exceed $12,800. To be paid from Special Ed Fund. 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.











 
12.9. Approval of Master Contract for Residential Nonpublic School for 2019-2020 School Year (Mountain Valley Child and Family Services)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

To:                  Brent Stephens, Ed. D., Superintendent

From:             Bajé Thiara, Associate Superintendent, Educational Services  

Date:               February 19, 2020

Subject:          Approval of Master Contract for Residential Nonpublic School for 2019-2020 School Year

 

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.

 

Residential Non Public Schools

# of Students

Estimated Total Cost

Mountain Valley Child and Family Services, Inc

1

$80,231.00

Total

1

$80,231.00


 POLICY/CODE

Education Code 56034, 56366

           

FISCAL IMPACT

Not to exceed $80,231.00from the Special Education Budget which may require an additional contribution from the General Fund.

 

STAFF RECOMMENDATION

Approve the Master Contract for the Residential Nonpublic School listed above.




 
12.10. Approval of Master Contracts Amendment for Nonpublic School for 2019-2020 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

  To:                Brent Stephens, Ed. D., Superintendent

From:             Bajé Thiara, Associate Superintendent, Educational Services 

Date:               March 11, 2020

Subject:          Approval of Master Contracts Amendment for Nonpublic School for 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.

 

Non Public Schools

# of Students

Estimated Total Cost

A better chance school

1

$34,304.00

Total

1

$34,304.00

Contract for 4 special education students was approved on 8/21/2019 Board meeting, item 12.22. We are adding one student current contract, which will bring the new total to $245,409.00.


POLICY/CODE

Education Code 56034,56366

           

FISCAL IMPACT

Not to exceed $34,304.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

 

STAFF RECOMMENDATION

Approve the Master Contracts Amendment for the Nonpublic School listed above.





 
12.11. Approval of Contract Amendment for Nonpublic Agency Services for the 2019-20 School Year (Seneca)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

To:              Brent Stephens, Ed.D., Superintendent

From:         Bajé Thiara, Associate Superintendent, Educational Services 

Date:          March 11, 2020

Subject:     Approval of Contract Amendment 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.


Nonpublic Agency

Services

# of students

Estimated Total Cost

Seneca Family of Agencies-NPA

Behavior Coaching

4

$366,245.00

TOTAL



$366,245.00



Board approved $386,000.00 for CEC class service on 10/2/19 meeting, item 11.11. We are adding $366,245.00 to current contract for behavior coaching service, which will bring the new total to $752,245.00.

 

POLICY/CODE

Education Code 56363

         

FISCAL IMPACT

Not to exceed $366,345.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

 

STAFF RECOMMENDATION

Approve the Master Contract Amendment for the Nonpublic Agency listed above.




 
12.12. Out of State Travel Approval Request (This trip has been canceled and board consent is no longer required) Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT  

 
TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Bajé Thiara, Associate Superintendent, Educational Services
DATE:         March 11, 2020
SUBJECT:  Approval of Out-of-State Travel Request


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

10th National Farm to Cafeteria Conference in Albuquerque, NM, April 21-24, 2020
Approval for Jezra Thompson Supervisor of Gardening and Cooking Program to attend this four day, three-night conference which will give Jezra the opportunity to attend presentations and workshops to support food systems education for K-12 schools.  Requested by Jezra Thompson, Supervisor of Gardening and Cooking Program.  Travel and conference cost will be paid by Healthy Berkeley grant funds. 

BUSD will continue to actively monitor all COVID-19 (coronavirus) guidance to schools. Please note that this might mean the cancellation of student trips.


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

 







 
12.13. Accept the Completion of King Middle School Seat Refurb. and Projection System Project and Approve Resolution Number 20-034
Rationale:

    BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent

FROM:        John Calise, Executive Director of Facilities       

DATE:        March 11, 2020

SUBJECT: Accept the Completion of King Middle School Seat Refurb. and Projection System Project and Approve Resolution Number 20-034

 

BACKGROUND INFORMATION

On March 27, 2019, the Board awarded a contract to Bay Construction, Inc. to modernize the King Auditorium.   The project is now complete and staff requests Board acceptance of the project which will allow filing a Notice of Completion with the County and permit release of retention.


POLICY/CODE

California Public Contract Code 20110-20118. 

 

FISCAL IMPACT

The project was funded with Measure I bond funds. The original contract award was $1,045,000.  The project had change orders in the amount of $56,291.92 or 5%.  The total amount spent for the project was $1,101,291.92. 

 

STAFF RECOMMENDATION

Accept the project as complete and approve resolution number 20-034



 
Attachments:
Resolution 20-034
12.14. Approval of Overnight, Out-of-State, and International Field Trip Requests (This item has been pulled due to an upcoming district decision to cancel all field trips until further notice.) Was edited within 72 hours of the Meeting
Rationale:

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed.D., Superintendent
FROM:         Bajé Thiara, Associate Superintendent, Educational Services
DATE:          March 11, 2020
SUBJECT:   Approval of Overnight, Out-of-State & International Field Trip Requests

BACKGROUND INFORMATION
The following overnight, out-of-state and international field trips are being requested. BUSD will continue to actively monitor all COVID-19 (coronavirus) guidance to schools. Please note that this might mean the cancellation of student trips.

Berkeley High School CAS Students Havana, Cuba, March 27-April 3, 2020
Approve participation of 34 Berkeley High School CAS students, and seven teachers, and one other adult on an eight-day, seven-night trip to Cuba. The group will depart on Thursday, March 26th and return on Friday, April 3, 2020. CAS staff working with the local organization Green Cities Fund, Inc. and their Cuban counterpart, have designed an educationally and experientially-rich program for 34 CAS students 10th-12th grade. Students will learn about and directly experience various aspects of Cuba’s rich and complex cultural, political and economic history in the capital city of Havana and the western town of Vinales. In both locations, participants’ lodging will be in home stays. Each participant will share lodging with at least one other person and room assignments will be determined taking students’ comfort levels with their peers into account. The cost of $2,000.00 per student will be paid by families, donations and student-led fundraising. No student will be denied access based on inability to pay. Requested by: Erin Schweng, BHS Principal. (Teacher: S. Schaudel)

JEA/NSPA 2020 Convention, April 16-19, 2020
Approve participation of twenty-six Berkeley High School newspaper and yearbook students, two teachers and one other adult on a four-day, three-night trip to Nashville, TN to attend the Journalism Educator Association/National Scholastic Press Association convention. The group will depart San Francisco International airport on Thursday, April 16th and return on Sunday, April 19, 2020. The JEA/NSPA brings thousands of journalism students together from across the country to attend sessions lead by scholastic and professional leaders, attend media tours, and promote the journalism profession. Students will also have an opportunity to compete in prestigious competitions that will assist in their college admissions. Students will sleep in gender specific hotel rooms. The cost of $395.00-$1,000.00 per student be paid for by parent donations, fundraising and grant money. No student will be denied access based on inability to pay. Requested by: Erin Schweng, Berkeley High School Principal. (Teachers: G. Mage, P. Rodrigues)

NatureBridge Field Science Retreat-Marin Headlands, CA, April 27-29, 2020
Approve participation of 18 fifth grade students, one teacher and three parents from Cragmont Elementary School on a three-day, two-night field trip to the Marin Headlands. The NatureBridge program is a hands-on outdoor education program. This ties into the California fifth grade science standards for physical and life sciences. Particularly for socioeconomic disadvantaged children, field trips such as this allows them to get out into an environment they would not otherwise have the opportunity to experience firsthand. This field trip also addresses and aligns with social-emotional learning standards. The BUSD Toolbox curriculum teaches students strategies for coping with stress and building resilience. This field trip offers a hands-on, experimental learning opportunity in which students learn to build teams, problem solve and use their Toolbox skills to negotiate challenges presented to them by the NatureBrudge staff. The group will depart on Monday, April 27th at 10:00 a.m. and return Wednesday, April 29, 2020 at 1:00 p.m. Students will sleep in gender specific dorms and BUSD will provide transportation. The cost of $200-250.00 per student is being paid through class fundraising and parent donations.  No student will be denied access based on inability to pay. Requested by Michelle Sinclair, Cragmont Principal. (Teacher: J. Moniz)

Close Up Washington, D.C., April 19-23, 2020
Approve participation of 225 8th graders, four teachers and 19 parent chaperones from Martin Luther King Middle School on a five-day, four-night field trip to Washington, D.C. to participate in the Close-Up Program. Students will meet at San Francisco International Airport on Sunday, April 19th at 3:00 a.m. and parents will pick up their students at the airport upon returning April 23, 2020. The Close-Up curriculum offers students a first-hand look at our government through talks with their national representatives as well as the opportunity to learn about the functioning of their government. Close- Up staff provides student supervision at a ratio of 10:1. Students will stay in D.C. area hotels, four to a room on gender specific floors, with stationed Close-Up representatives to ensure that curfew and other rules are enforced. The cost of $1987.00 per student is being paid by fundraising, scholarships and parent donations. No student will be denied access based on ability to pay. Requested by: Janet Levenson, MLK Principal. (Teacher: Victoria Edwards)

POLICY/CODE
Education Code 35330
Board Policy 6153

FISCAL IMPACT
As indicated above.

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







 
13. Action Items
13.1. 2020-2021 Budget Reductions & PrioritiesWas edited within 72 hours of the Meeting
Rationale:

 

 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Ed.D., Superintendent
PRESENTERS: Pauline Follansbee, Assistant Superintendent Business Services
Baje Thiara, Associate Superintendent, Educational Services
DATE: March 11, 2020
SUBJECT: Budget Proposals for Unrestricted General Fund

PURPOSE:
Review and approve budget proposals for the Unrestricted General Fund for FY 2020-21.

BACKGROUND INFORMATION:
With the BUSD Board and staff having approved a target of $1,000,000 in ongoing reductions to the general fund for 2020-21, the annual budget development cycle has become more complex.

The Superintendent proposed an initial set of budget reductions during the week of February 24 to the Superintendent’s Budget Advisory Committee (SBAC) which totaled $1,340,253 after an increase for a Title IX Investigator. After feedback from SBAC the Educator Advisory Committee (EAC), principals and the management team, the second proposal for budget reductions were compiled during the week of March 9, and totaled $1,418,253. The attached schedule reflects both proposals and include transfers to other funding sources.

The embedded table reflects the proposed reductions to the Unrestricted General Fund as well as an increase for the Title IX investigator. This schedule was presented to the EAC and SBAC on March 9th and 10th respectively, and was approved.

The board is asked to Move to accept the adjustments to the General Fund that are listed in the Board Memorandum accompanying this item.

 

  1. Reductions to the General Fund($901,253)
  2. Shifts to other revenue sources ($617,000)
  3. New General Fund expense ($120,000)

NEXT STEPS:

The board will be presented with additional discussions on budget reductions and increases for 2020-21 school year at subsequent board meetings.

FISCAL IMPACT

Budget Reductions total $1,518,253 and increases total $120,000 for a net on-going budget reduction of $1,398,253

 

 

 

 

 

 


 

 



 
Attachments:
20-21 General Fund Reductions and Priorities, BOE Mtg, 03.11.20
20-21 General Fund Reductions and Priorities, Worksheet, BOE Mtg, 03.11.20
13.2. Certification of Second Interim Report for the Period Ending January 31, 2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Ed., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            March 11, 2020
SUBJECT:    Certification of Second Interim Report for the Period Ending January 31, 2020

Staff has prepared the Second Interim report in compliance with Education Code EC 42131(a)(1) requirements and AB1200.  The Second Interim Report covers the reporting period from July 1, 2019 ending January 31, 2020.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period to determine whether or not the district is able to meet its financial obligations. The following certifications may be assigned:

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

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the Second Interim Report, along with assumptions using the School Services of California, Inc. Dartboard, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.  The Second Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

  1. Assumptions
  2. Variance Report
  3. Comparative Reports
  4. District certification of Second Interim Report
  5. Form 01 – General Fund on Restricted and Unrestricted formats
  6. Form 11–67 for all other District funds
  7. Form A – Average Daily Attendance
  8. Form Cash—Cash Flow
  9. General Fund Multi-year Projection using the MYP software (under separate cover)
  10. Criteria and Standards
This Second Interim Report along with the Multi-year Projections (under separate cover) indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the Second Interim Report to the County with a positive certification.

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

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the Second Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years



 
Attachments:
2019-2020 Second Interim Report
Staff Presentation: 2019-2020 Second Interim Budget Report
13.3. BSEP Revised Teacher Template 2020-21
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             BSEP Planning and Oversight Committee

FROM:       Brent Stephens, Superintendent and Bajé Thiara, Associate Superintendent for Educational Service

DATE:        March 11, 2020

SUBJECT: Recommendation for Expenditure of BSEP Funds for Class Size Reduction in FY 2020-21

 

BACKGROUND INFORMATION

According to Measure E1 of 2016, “sixty-six percent (66%) of the Available Revenues shall be dedicated annually to reducing class sizes at all District-operated K-12 schools, and may also be allocated to provide funding for professional development, classroom support, program evaluation, and expanded course offerings.”[1]

Class Size Reduction and the Teacher Template

The contribution of BSEP Class Size Reduction (CSR) Funds for classroom teachers is estimated using a planning tool known as the “Teacher Template” . The Teacher Template calculates student enrollment and staffing for class size ratios to be paid for by General Fund (GF) resources, and then calculates additional staffing to be paid for by BSEP funds to determine the total number of teacher staffing, expressed as Full Time Equivalent (FTE).

In 2019-20, a $2.0 million cut target drove a search for reductions in costs, increases in revenues, and alternative funding sources. Nearly 10% of that goal was met by increasing the amount transferred to the General Fund from BSEP through a revised calculation of “Direct Support” costs, which are permitted under the terms of Measure E1 as “costs associated with the opening or maintaining of classrooms to reduce class sizes.” 

For 2020-21, continuing pressures on the General Fund are driving the recommendation to adjust the relative contributions of the GF and BSEP to the class size reduction calculation, so that for K-5 grades, the GF will support staffing ratios at 36:1 (instead of 34:1), and BSEP will provide the funds to bring the class sizes down to the specified targets. This is permitted under the terms of Measure E1, as “Reducing Class Sizes” means that the BSEP revenues shall be allocated to reduce class sizes “below the staffing ratios supported by the District’s Unrestricted General Fund.” Class sizes will not be affected; the BSEP funds will be assuming a greater share of the FTE required to achieve targeted class sizes because the General Fund is unable to support better ratios at this time.

The Teacher Template, representing the plan for Class Size Reduction in 2020-21, was reviewed by the BSEP Planning and Oversight (P&O) Committee on 2/11/2020. In order to clearly demonstrate the effects of adjustments to the GF/BSEP relative contributions, as well as understand comparisons to the previous year, an annotated template was provided that notes key factors, including the GF/BSEP contributions as well as planned class size adjustments at elementary school level as the 23:1 class size continues to be implemented one grade at a time, changes in enrollment, changes in average compensation, and changes in the rounding factor that brings classroom calculations to the necessary classroom FTE. This comparison document is provided as Attachment A.

The Teacher Template was approved by the P&O at the 2/25/2020 meeting, with no further changes, and is provided for Board approval as Attachment B.

Additional expenses provided by the same BSEP Resource, under the rubric of High Quality Instruction/Support for Teaching, will be brought to the Board at a future meeting upon review of the BSEP P&O Committee. These expenses include Professional Development, Program Evaluation, Expanded Course Offerings, and Classroom Support.

POLICY/CODE:

Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1)

FISCAL IMPACT:

Expense to the BSEP Measure E1 High Quality Instruction resource in 2020-21 and transfer to the General Fund for the purpose of Class Size Reduction is estimated to be $15,364,700.

STAFF RECOMMENDATION:

Approve the recommendation for expenditure of BSEP Funds for High Quality Instruction (Class Size Reduction) for FY 2020-21.

 

 


[1] BSEP Measure E1 of 2016, Section 3.A


 
Attachments:
CSR Attachment A
CSR Attachment B
CSR Presentation
14. Discussion Items
14.1. Report on Middle School Student Assignment Community EngagementWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education

FROM: Brent Stephens, Superintendent

DATE: March 11, 2020

SUBJECT: Middle School  Student Enrollment Policy, Community Engagement Plan

BACKGROUND INFORMATION 

The Berkeley Unified School District Board of Education has directed the Superintendent to develop a plan for further engaging the Berkeley community on the topic of middle school student enrollment. Elements of this community engagement will include a review of a variety of indicators, the identification of key issues in the current enrollment policy, and recommendations for adjusting this policy.

This process will include the review of a variety of indicators, including demographic information about BUSD’s three middle schools; outcome information about student learning; and educator, caregiver, and community input. 

The purpose of this nine-month engagement process is to inform the Superintendent’s recommendation to the Board of Education about the middle school student enrollment policy. Included in a possible Board decision about middle school student enrollment could be:

  • Adjusting the current middle school enrollment system so that the middle schools achieve demographic parity (racial and socio-economic integration), as our elementary schools and high school currently do. Possible options for the middle school assignment plan could include 

  • Leaving the current middle school enrollment policy in place

  • Creating attendance zones for all three middle schools; or

  • Creating “feeder patterns” for each middle school - a cluster of elementary schools that would feed into a designated middle school

This engagement plan contemplates a Board decision about the enrollment policy in November, 2020.  A Board decision in November 2020 could be to implement a new plan for the start of the 2021-2022 school year, or it could be to implement a new plan at a later date, i.e., at the start of the 2022-2023 school year.




 
Attachments:
Middle School Attendance Policy, Community Engagement Plan 03.11.20
Middle School Student Assignment Policy, Community Engagement Plan, Staff Presentation 03.11.20
14.2. Coronavirus (COVID-19) Presentation
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education

FROM: Brent Stephens, Superintendent and Natasha Beery, Director of BSEP and Community Relations

DATE: March 11, 2020

SUBJECT: BUSD Preparations and Response to COVID-19 (coronavirus)

BACKGROUND INFORMATION

As the number of coronavirus (COVID-19) cases and concern around the potential for community spread in Berkeley continues to grow, staff will provide a brief presentation on our district’s current response and further planning for the potential impact of the virus in our schools and community.

POLICY/CODE:

BUSD Administrative Regulation 1112.1 Crisis Communications

FISCAL IMPACT:

None at this time

STAFF RECOMMENDATION:

Receive and Discuss Presentation



 
Attachments:
Coronavirus Presentation to Board, March 11, 2020
15. Information Items
15.1. School Accountability Report Cards (SARC) for SY 2018-19
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:           Board of Education

FROM:      Brent Stephens, Ed.D., Superintendent

DATE:       March 11, 2020

SUBJECT: School Accountability Report Cards (SARC) for SY  2018-2019

BACKGROUND INFORMATION:

Every school in California is required by state law to publish a School Accountability Report Card (SARC) by February 1 of each year. The SARC contains information about the condition and performance of each California public school. All data is reported for the 2018-2019  school year, unless otherwise indicated.

Berkeley Unified School District has posted the 2018-2019  SARC for all of its schools on the BUSD website:
https://www.berkeleyschools.net/california-school-dashboard/2018-19-sarc/

POLICY/CODE:

None

FISCAL IMPACT:

None

STAFF RECOMMENDATION:

Receive the 2019 School Accountability Report Cards for information.



 
15.2. Results of March 3, 2020 Election and Implications for BUSD's BudgetWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education

FROM:       Brent Stephens, Superintendent and Natasha Beery, Director of BSEP and Community Relations

DATE:        March 11, 2020

SUBJECT: Election Results for March 3, 2020 Ballot Measures

 

BACKGROUND INFORMATION

On Tuesday, March 3, 2020, Berkeley voters declared their continued commitment to high quality public education by supporting the three school district measures which had been placed on the ballot by the School Board.

Measure E, the Berkeley Educator Recruitment and Retention Act, was created to address the urgent need to recruit and retain educators for Berkeley public schools with improved compensation and strategies that address hard-to-staff positions. This new measure required two-thirds of the vote to pass, and received 78.64% approval.

The other two measures, Measure G (Facilities Bond) and Measure H (Facilities Safety and Maintenance) represented a renewal of the Berkeley community’s investment in well-built and carefully maintained schools. The bond required  55% approval, and received 78.75% of the vote, and the maintenance tax required two-thirds (66.67%) approval and received an even higher 81.83% of the vote.

There were hundreds of volunteers who contributed to the successful development and passage of these measures. The Berkeley community’s generosity and strong support of our public schools is a point of pride, and should not be taken for granted. Many surrounding districts had tax and bond measures on the ballot as well, and only a few were successful. Berkeley USD has a long history of careful stewardship of public funds, and transparency on the use of these resources, which is a crucial part of the community trust.

Next Steps

The new measures will take effect with the 2020-21 fiscal year. Initial recommendations for expenditure of funds will come before the Board in the spring of 2020, building upon prior work presented during the planning process for these measures. Planning and oversight for each resource will be placed under the required citizen oversight committees. For the special taxes (aka parcel taxes), BUSD staff will work with City of Berkeley staff to promote clarity on the City’s taxable square footage calculations, which we will share with property owners. BUSD staff will also update information about tax rebate eligibility for the next tax year, expanding the exemptions from very low income seniors to include taxpayers with Supplemental Security Income (SSI) at any age and Taxpayers with Social Security and Social Security Disability Insurance (SSDI) income at 250% of poverty.

POLICY/CODE:

California Ed. Code Sections 15100 et seq.; and Section 15266.

California Constitution, Article XIIIA, Section 4;  Government Code Section 50075        

FISCAL IMPACT:

Beginning in the 2020-21 fiscal year, Measure E is estimated to provide $9.5 million per year to support the specified purposes of the measure, Measure G (Bond) will provide approximately $380 million over time to address facilities needs, and Measure H is estimated to provide $7.3 million per year for the specified purposes of the safety and maintenance measure.

STAFF RECOMMENDATION:

Receive for Information the Report of the Results of the March 3 2020 Election of BUSD Measures E, G and H.

 

 


 
16. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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.

17. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
18. Adjournment

Published: March 6, 2020, 5:13 PM

The resubmit was successful.