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Regular Meeting
Berkeley USD
April 15, 2020 7:00PM
Zoom Webinar

1. Call to Order - 5:30 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:30p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:00 p.m.  Zoom Webinar instructions are below. 

NOTICE - COVID-19 PUBLIC HEALTH EMERGENCY: 

BOARD MEMBERS TO ATTEND VIRTUALLY 

Pursuant to the Governor's Executive Order N-25-20, all members of the Board of Education as well as the Superintendent and District Staff, will join the meeting via phone/video conference and no teleconference locations need be posted. 

• To observe the April 15 meeting by video conference, please click here and enter the video password 7l5WeS at the noticed meeting time. It may help to download the Zoom app before the meeting if you don’t have it already. Instructions on how to join a meeting by video conference are available at: https://support.zoom.us/hc/en-us/articles/201362193 -Joining-a-Meeting. 


• To listen to the meeting by phone, please call at the noticed meeting time (669) 900-9128, then enter Webinar ID 809-430-261, then press “#”, then enter the call password 270631, then press “#”. If asked for a participant id or code, press #. Instructions on how to join a meeting by phone are available at: https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone.

• To view the meeting after it has been recorded, please go to https://www.berkeleyschools.net/schoolboard/board-meeting-information/




There are two ways to make public comment at the prescribed time near the beginning of the meeting, or in extended public comment near the end of the meeting. The Board President will introduce the allotted period of time for Public comments, organize the comments, and indicate who will be speaking next. 

• To comment by video conference, click on the Participants button at the bottom of your screen and select the “Raise Your Hand” button to request to speak when Public Comment is being taken on the eligible Agenda item. When called upon, you will be unmuted. After the allotted time, you will then be re-muted. 

• To comment by phone, you will be prompted to “Raise Your Hand” by pressing “*9” to request to speak when Public Comment is being taken on the eligible Agenda Item. When called upon, you will be unmuted. After the allotted time, you will then be re-muted. Instructions of how to raise your hand by phone are available at: 

https://support.zoom.us/hc/en-us/articles/201362663 -Joining-a-meeting-by-phone.





Attachments:
BCCE COVID-19 MOU
2. Closed Session Public Testimony
Quick Summary / Abstract:

Public Testimony related to closed session items 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. For instructions on how to make public comment during a Zoom meeting, please refer to item #1 of this agenda.






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. Conference with Legal Counsel - Existing Litigation (Government Code Section 54596(a))Confidential agenda item.
3.1.1. OAH No. 2019120508Confidential agenda item.
3.2. Conference with Legal Counsel—Anticipated Litigation (Gov. Code Section 54956.9(b)) – Two (2) Potential CaseConfidential agenda item.
3.2.1. 201920-09Confidential agenda item.
3.2.2. 201920-10 Confidential agenda item.
3.3. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)Confidential agenda item.Was edited within 72 hours of the Meeting
3.3.1. Berkeley Federation of Teachers (BFT)
3.3.2. Berkeley Council of Classified Employees (BCCE)
3.3.3. Professional and Technical Engineers, Local 21
3.3.4. Union of Berkeley Administrators
3.4. Public Employment (Government Code Section 54957)
3.4.1. Assistant Superintendents Confidential agenda item.
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of April 15, 2020
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. For instructions on how to make public comment during a Zoom meeting, please refer to item #1 of this agenda.


8. 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).
9. 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.
10. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

11. Consent Calendar - approval requested
11.1. 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:       April 15, 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 4.15.20
Classified Personnel Report 4.15.20
11.2. Approval of Updated Job Description: Director of State, Federal, and Special Projects
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:        April 15, 2020
SUBJECT:      Updated Director of State, Federal, and Special Projects Job Description

BACKGROUND:
Attached is the updated job description for the classification of  Director of State, Federal, and Special Projects. This position is being created to address the needs of the Education Services department in addressing State and Federal Mandates. The position is cost neutral as it will use a portion of the amount budgeted for consultants and due to the reduction of the Executive Director of K-8 Schools to Director of K-8 Schools.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the updated duties of the Director of State, Federal, and Special Projects.

 
Attachments:
Director of State, Federal, and Special Projects
11.3. Approval of BFT, BCCE, Local 21 & UBA COVID-19 MOU’s
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:    Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent
DATE:          April 15, 2020
SUBJECT:  Approval of BFT, BCCE, Local 21 & UBA COVID-19 MOU’s

BACKGROUND INFORMATION:
Approval of the following BFT MOUs that were signed since the last board meeting of March 11, 2020, is being requested:

  • Impacts of COVID-19 Pandemic Parts 1 & 2 with BFT
  • Impacts of COVID-19 Pandemic Parts 1, 2 & 3 with BCCE
  • Impacts of COVID-19 Pandemic Parts 1 & 2 with Local 21
  • Impacts of COVID-19 Pandemic Parts 1 & 2 with UBA

 
Attachments:
BUSD COVID-19 MOUs
11.4. Approval of Revision to the Planning and Oversight (P&O) Committee Bylaws
Rationale:


BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:        Natasha Beery, Director of BSEP and Community Relations
DATE:        April 15, 2020
SUBJECT:  Proposed P&O Bylaws Revision

BACKGROUND INFORMATION:
The Bylaws for the BSEP Planning and Oversight (P&O) Committee were last approved in 2008; the goal of this revision is to bring the Bylaws into alignment with BSEP Measure E1 of 2016, and to expand the Committee’s oversight to include Measure E of 2020, the Berkeley Educators Recruitment and Retention Act (BERRA), as proposed in the ballot language of Measure E.

The proposed revisions were presented to the full P&O Committee at the 3/24/2020 meeting, and the P&O Steering Committee members provided additional input before approving the revision on 4/7/2020. Please note: the Board Policy Subcommittee would ordinarily have reviewed the proposed revised P&O Bylaws as well, but the Policy Subcommittee has been unable to meet over the past months.

With the approval and agreement of the Planning and Oversight Committee, a proposed BERRA budget was provided for review by the Steering Committee and will be by the time of the Board review also brought to the full P&O Committee for review on April 14, 2020.

POLICY/CODE:
Berkeley Schools Educational Excellence Act of 2016
Berkeley Educator Recruitment and Retention Act of 2020 

FISCAL IMPACT
None.

STAFF RECOMMENDATION:
Approve the revised P&O Committee Bylaws.


 
Attachments:
Revised P&O Bylaws
11.5. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         April 15, 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. McMillan Security Services to provide security access control services for the West Campus Parking Lot Project. The cost will not exceed $37,727.To be paid from Measure I.Requested by John Calise.
  2. Construction Testing Services to provide special testing and inspection services for the West Campus Capacity Increment No. 2 Project. The cost will not exceed $50,193.00. To be paid from Measure I. Requested by John Calise.
  3. Increase in contract, PO 201926 for Engeo in the amount of $20,000 for geotechnical testing and observation during construction for the athletic field for the West Campus Project. The cost not to exceed $24,000. To be paid from Measure I. Requested by John Calise. 

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

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

 
11.6. Approval of Resolution 20-044 to Contract with Stronger Builders as a General Contractor for the Rosa Parks Elliptical Canopy Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities    
DATE:            April 15, 2020
SUBJECT:    Approval of a Contract with Stronger Builders as a General Contractor for the Rosa Parks Elliptical Canopy Project and approve Resolution 20-044

BACKGROUND:
The Rosa Parks Elliptical Canopy Project supports the certification of the original Rosa Parks construction and is required by the Division of the State Architect in order to move forward with subsequent projects including the Multi-purpose Room Roof Replacement Project.

The Rosa Parks Elliptical Canopy Project has undergone a competitive bidding process.  The project was publicly advertised twice before the bid opening as required per Public Contract Code.  A mandatory pre-bid site walk occurred on February 25th where 10 contractors attended.  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 March 5, 2020.  The bid results were as follows:

CONTRACTOR

Total Base Bid

Stronger Builder Services

$480,000

Bay Construction

$498,000

OnPoint Construction, Inc.

$628,886

Three bids were received.  The lowest responsible bidder is Stronger Builder Services.

RECOMMENDATION:
Approve a contract with Stronger Builder Services as a general contractor for the Rosa Parks Elliptical Canopy Project and Approve Resolution 20-044.

FISCAL IMPACT: 
Cost award by this action: $480,000 to be paid from Measure I bond funds and are contained within the project budget.

 
Attachments:
Measure I Program Budget Summary Worksheet
Resolution 20-044
11.7. Approval of Resolution 20-043 to Contract with W.A. Thomas as a General Contractor for the Muir Kitchen Cafeteria Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:                  Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities    
DATE:             April 15, 2020
SUBJECT:      Approval of a Contract with W.A. Thomas as a General Contractor for the Berkeley High School Portables Project and Approve Resolution Number 20-043

BACKGROUND:
The Berkeley High School Portables Project supports the modernization of the Berkeley Community Theater Project which will begin construction Summer 2020.

The Berkeley High School Portables Project has undergone a competitive bidding process.  The project was publicly advertised twice before the bid opening as required per Public Contract Code.  A mandatory pre-bid site walk occurred on February 13th where 15 contractors attended.  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 March 5, 2020.  The bid results were as follows:

CONTRACTOR

Total Base Bid

W.A. Thomas Co., Inc.

$287,000

ERA Construction, Inc.

$345,000

Bay Construction, Inc.

$414,000

CF Contracting, Inc.

$542,196

Four 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 Berkeley High School Portables Project and Approve Resolution 20-043.

FISCAL IMPACT: 
Cost award by this action: $287,000 to be paid from Measure I bond funds and are contained within the project budget.

 
Attachments:
Measure I Program Budget Summary Worksheet
Resolution 20-043
11.8. Approval of Resolution 20-042 to Contract with W.A. Thomas as a General Contractor for the Berkeley High School Portables Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                  Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities    
DATE:             April 15, 2020
SUBJECT:      Approval of a Contract with W.A. Thomas as a General Contractor for the Muir Kitchen Cafeteria Project and Approve Resolution 20-042

BACKGROUND:
The John Muir Kitchen Cafeteria Project supports the District’s goal of upgrading elementary school kitchens.

The Muir Kitchen Cafeteria Project has undergone a competitive bidding process.  The project was publicly advertised twice before the bid opening as required per Public Contract Code.  A mandatory pre-bid site walk occurred on February 13th where 15 contractors attended.  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 March 4, 2020.  The bid results were as follows:

CONTRACTOR

Total Base Bid

W.A. Thomas Co., Inc.

$2,065,000

Ef Brett and Company, Inc.

$2,495,000

Mar Con Builders, Inc.

$1,665,319

Three bids were received.  MarCon Builders had the lowest price, but their subcontractors were not prequalified and therefore, MarCon’s bid was non-responsive.  The lowest responsible bidder is W.A. Thomas.

RECOMMENDATION:
Approve a contract with W.A. Thomas as a general contractor for the Muir Kitchen Cafeteria Project and Approve Resolution 20-042.

FISCAL IMPACT: 
Cost award by this action: $2,065,000 to be paid from Measure I bond funds and are contained within the project budget.

 
Attachments:
Measure I Program Budget Summary Worksheet
Resolution 20-042
11.9. Approval of Resolution 20-041 to Contract with MarCon Builders as a General Contractor for the Cragmont Kitchen Cafeteria Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities
DATE:  April 15, 2020
SUBJECT:  Approval of a Contract with MarCon Builders as a General Contractor for the Cragmont Kitchen Cafeteria Project and Approve Resolution 20-041

BACKGROUND:
The Cragmont Kitchen Cafeteria Project supports the District’s goal of upgrading elementary school kitchens.

The Cragmont Cafeteria Project has undergone a competitive bidding process. The project was publicly advertised twice before the bid opening as required per Public Contract Code. A mandatory pre-bid site walk occurred on February 13th where 15 contractors attended. 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 March 4, 2020. The bid results were as follows:

CONTRACTOR

Total Base Bid

Saboo, Inc.

$1,537,000

Mar Con Builders, Inc.

$1,765,039

W.A. Thomas Co., Inc.

$2,084,000

Three bids were received. Saboo had the lowest price, but their mechanical, electrical and plumbing subcontractors were not prequalified as required and therefore, Saboo’s bid was non-responsive.The lowest responsible bidder is MarCon Builders.

RECOMMENDATION:
Approve a contract with MarCon Builders as a general contractor for the Cragmont Kitchen Cafeteria Project and approve Resolution 20-041.

FISCAL IMPACT:
Cost award by this action: $1,765,039 to be paid from Measure I bond funds and are contained within the project budget.


 
Attachments:
Measure I Program Budget Summary Worksheet
Resolution 20-041
12. Action Items
12.1. Update on COVID-19 and BUSD ResponseWas edited within 72 hours of the Meeting
Rationale:


 
12.1.1. Update on BUSD Distance Learning PlanWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM:  Brent Stephens, Superintendent
DATE:  April 15, 2020
SUBJECT: COVID-19 Updates and Distance Learning

BACKGROUND: 
On March 13, BUSD closed its schools in response to the COVID-19 pandemic, and the following week County Health Officers issued a six-county Shelter-in-Place order that closed all district offices as well.

On March 18, the California Department of Education issued its guidance to schools about “distance learning”, and urged schools to begin to develop long-term plans to support student learning during the Shelter-in-Place period, however long it should last. In the next five days, BUSD conducted a comprehensive survey of all teachers, consulted extensively with labor partners to create MOUs to define a variety of agreements about employee work during the school school facilities closure period, wrote a draft plan for district-wide distance learning in grades PK-12, and solicit feedback from dozens of administrators about this plan. Also during this initial two-week period, BUSD created a new “Home Learning Resources” webpage, initiated plans for distributing thousands of Chromebooks to families, ensured the continuity of meal service for more than 600 families per day, and conduct wellness surveys for vulnerable families and students. Work during this period also included planning for re-establishing instruction at Berkeley Adult School, which serves about 6,000 students per year.

On March 26, BUSD published its Distance Learning Plan, with sections describing technology access, Weekly Distance Learning Activity Sets created by newly formed “Distance Learning Teacher Leaders”, weekly assignments from teachers, and weekly online “Office Hours” for students. The plan also outlined supplemental support for students who receive ELD and Special Education services.

During Spring Break, teams of central office administrators designed lesson resources for teachers and created training materials for teachers on technologies associated with remote learning management and videoconferencing.

On April 6, the district launched its Distance Learning Plan and, after a serious breach of a Zoom session at the high school, instituted a three-day moratorium on online interaction in order to better safeguard the privacy of online teacher-student interactions. On April 9, BUSD held its first online Town Hall to engage more than 500 community members in discussions about a variety of issues related to school closures and distance learning.

At this Board meeting, the Superintendent and staff will provide the Board of Education with updates on the school closures and distance learning, including progress on the restoration of Zoom as an approved tool for online interaction, summer and re-entry planning, high school graduation, preliminary data about the first week of student participation, school construction, employee relations, and volunteer efforts. 

As part of this agenda item, staff will ask for Board action on two items: 

  1. Approval of temporary adjustments to Board Policy 5121, Student Grading, to shift all grading at the secondary level from A-F letter grades to “Pass/No Pass” for the second semester of the 2019-2020 school year

  2. Approval of a resolution declaring BUSD facilities projects as essential government functions



 
Attachments:
April 15, 2020 Update to the Board, COVID-19 and Distance Learning
12.1.2. Approval of Temporary Revision to BP 5121: Student Grading Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM: Brent Stephens, Superintendent
DATE: April 15, 2020
SUBJECT: Approval of temporary adjustments to Board Policy 5121, Student Grading, to shift all grading at the secondary level from A-F letter grades to “Pass/No Pass”

BACKGROUND INFORMATION: 
At this Board meeting, the Superintendent and staff will provide the Board of Education with updates on the school closures and distance learning, including progress on the restoration of Zoom as an approved tool for online interaction, preliminary data about the first week of student participation, school construction, employee relations, and volunteer efforts. 

As part of this agenda item, staff will ask for Board action on two items, including: 

  • Approval of temporary adjustments to Board Policy 5121, Student Grading, to shift all grading at the secondary level from A-F letter grades to “Pass/No Pass”

The temporary adjustments to this policy are attached to the Board agenda for public review.

These temporary adjustments to BUSD policy are made by the Superintendent in keeping with Emergency Resolution 20-038, which was enacted by the Board of Education on March 13, 2020.

The intent of this temporary policy adjustment is to prevent undue adverse impact to students’ Grade Point Average (GPA), academic standing, promotion to the next grade level, college application, or completion of BUSD’s high school graduation requirements. 

Student Grading During the COVID-19 School Closure Period

Pass/No Pass: BUSD hereby alters its current letter based grading system for students in Grades 6-12, effective during the period of COVID-19 school closures and including the fourth quarter of the 2019-2020 School Year and the second semester of the 2019-2020 school year. For all classes in these grades, students shall be marked for the fourth quarter and second semester using only “pass” or “no pass”.

Special Circumstances: Second semester “pass” and “no pass”grades should account for an individual student’s performance in the third quarter, and teachers should also attempt to account for a change in student participation during the school closure period that may have been the result of diminished access to education due to circumstances related to the school closure, such as access to a computer or the internet, disrupted housing or employment in the family, additional work responsibilities due to disrupted family income, illness due to COVID-19, or extended caretaking obligations due to mandatory school closures.

Marking Student Participation During the School Closure Period: During the time of school closures, BUSD has modified its attendance taking requirements to include two key measures of student participation in distance learning: A) Participation in Teacher’s Office Hours, and B) completion of weekly assignments, to be marked as either “yes” of “no”. Students should be aware that these two elements of the Distance Learning Plan are recorded by teachers and may be factors in teachers’ “pass/no pass” grading. These represent minimum reporting requirements during the period of school closure, and teachers may maintain additional assessment information of their choosing that may inform a final “pass” or “no pass” grade. 

Teachers should communicate to students what factors they will consider in assigning a final “pass/no pass” grade at the end of the semester. 

Teachers are encouraged to offer students feedback on their work, and take additional steps to maintain students’ motivation during the school closure period.

Physical Education: Under the current Shelter-in-Place directives, students’ physical and mental well-being continues to be important, and many students will experience the negative effects of diminished opportunities for exercise, outdoor activity and fresh air, participation in cooperative sports, and education about nutrition and wellness. Physical Education teachers are encouraged to think creatively about assignments and demonstration of knowledge during the school closure period, and shall also issue “pass” and “no pass” grades to students during the school closure period.

Elective Courses: The same policy adjustments shall apply to all elective courses, and teachers are responsible for ensuring that students receive assignments during the school closure period and have access to elective teachers during the school closure period. BUSD recognizes that elective teachers’ creativity will be necessary during this school closure period, and that many elective experiences depend a great deal on content-specific instructional spaces, group work, and other opportunities available only at school.

Notice to Families About Students Who May Not Pass a Class: This temporary adjustment in the district’s grading policy does not waive sections of current policy and California Education Code that call for the timely notification of families when a student is at risk of failing a class. During the school closure period, these sections of BUSD policy shall be construed to mean “at risk of receiving a ‘no pass’ grade”. This notification to families shall take place no later than Friday, May 15.

Grade Point Averages (GPA): All BUSD calculations of GPA shall exclude “pass” and “no pass” grades issued during the period of school closures.

Credit Recovery: Students who receive a “No Pass” grade for a course shall be required to repeat the course, and when possible the district will make available a free online option for earning credit for this class.  

 
Attachments:
BUSD Temporary Grading Policy During School Closure
12.1.3. Approval of Resolution 20-045 Declaring Facilities Projects as Essential Governmental Functions
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities    
DATE:             April 15, 2020
SUBJECT:      Approval of Resolution 20-045 Declaring Facilities Projects as Essential Governmental Functions

BACKGROUND:
On March 16, 2020, the Alameda County Public Health Officer in collaboration with the City of Berkeley Health Officer issued a “Shelter in Place” order, directing residents of Alameda County and the City of Berkeley to stay home and shelter at their place of residence.  This order also declared that only essential operations are to remain in place with all other businesses, services and projects being shut down.  Within the order, public works construction is deemed as an essential service that can continue during the “Shelter in Place”. 

In these unprecedented circumstances, the declaration of facilities projects as essential governmental functions by the Governing Board will authorize the Superintendent or designee to take any and all actions necessary to ensure the continuation of public works construction as appropriate.  Declaration of these projects as essential will allow the Facilities Division to ensure that projects related to the health and safety of the District’s students and staff remain on schedule. 

RECOMMENDATION:
Approval of the Resolution to allow ongoing construction during the “Shelter in Place”

FISCAL IMPACT: 
None


 
Attachments:
Resolution 20-045
12.2. Recommendation for Expenditure of BSEP Funds for Support for Teaching in FY 2020-21
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Board of Education
FROM:        Brent Stephens, Superintendent and
Bajé Thiara, Associate Superintendent for Educational Services
DATE:        April 15, 2020
SUBJECT: Recommendation for Expenditure of BSEP Funds for Support for Teaching 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]  These purposes, of reducing class sizes and supporting excellence in teaching, are together referred to as the High Quality Instruction (HQI) budget for BSEP Measure E1.

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).

The Teacher Template for 2020-21 was presented separately to the P&O at the 2/11/2020 meeting and approved at the 2/25/2020 meeting. The Board approved the Teacher Template at its regularly scheduled 3/11/2020 meeting. The projected CSR costs associated with the Teacher Template are included in the full HQI budget summary in this document, along with the costs of the plans for the “Support for Teaching” purposes, so that the full budget can be seen in context.

PROGRAM SUMMARY - Support for Teaching

In addition to the Class Size Reduction goal, which is achieved through the aforementioned transfer of funds from BSEP to the General Fund, this resource supports a number of expenses in support of high quality instruction, as permitted by the Measure. These expenses, under the rubric of “Support for Teaching”, may include Professional Development, Program Evaluation, Expanded Course Offerings, and Classroom Support. Unlike the “teacher transfer” which is calculated at the end of the year, these expenses are “directly charged” at the time the actual costs for the programs are incurred. 

An initial budget for this resource begins with the proposed costs of the Teacher Template transfers to the General Fund to achieve the class size reduction targets. For 2020-21, this calculation, together with the fund balance from the first years of the measure, is projected to provide sufficient funding to support significant program elements, as summarized below, while reserving some fund balance for future needs.

Professional Development                                        

The Professional Development (PD) Department works to build and sustain teacher capacity. With the arrival of the Common Core State Standards, the 2012 ELD Standards and corresponding ELA/ELD Framework, the 2016 Dyslexia Guidelines; as well as the Next Generation Science Standards (NGSS), professional learning efforts in ELD, math, literacy, and science have required deep investments as well as intensive and expansive coordination. The District’s PD Coordinator oversees and coordinates professional learning in all core subject areas at district-wide events, and at teacher-led Wednesday staff meetings throughout BUSD. The Professional Development Department also plays a leadership role in support for three student groups that have historically been underserved in the district: English Learners, students with disabilities, and African American students. In the coming year, the Professional Development department will also play a lead role in support for expanded educational experiences related to healthy relationships, consent, and positive gender identity.

In addition, the PD funds support the development of professional learning community (PLC) work and protocols at all levels of the District. A particularly important support funded through this budget is the district’s K-5 Lead Literacy Coach who both supports students and supports the teachers working with students who face the largest and most pronounced literacy challenges. At Berkeley High, the budget also forms the core of a teacher-led professional development team that works on curriculum as well as culturally-responsive teaching. 

The full proposal for the Professional Development plan for 2020-21 was presented for P&O discussion on March 10 and March 24, 2020.                                                 

Program Evaluation                                                                   

As the District implements numerous educational programs designed to improve student achievement, staff must be able to assess the effectiveness of these programs in meeting their goals. Equity-driven and data-driven decision-making is critical to student success, and therefore, the District established the Berkeley Research, Evaluation, and Assessment (BREA) office to provide needed expertise.

BREA’s evaluations improve the ability of the School Board, staff, School Site Councils (SSCs) and the public to make informed decisions about the effectiveness of programs in order to maximize the use of resources to meet the needs of students, and in particular our most underserved students. BREA develops and maintains a central data warehouse of district and state mandated assessments which may be analyzed at the site, classroom, case-management or student levels to identify students who should be engaged through the intervention model. In addition, BREA teams with the Professional Development staff to support the development of data reporting systems across a range of program needs and works with the Office of Family Engagement and Equity in their efforts to document family and student engagement efforts.

The full proposal for the Program Evaluation plan for 2020-21 was presented for P&O discussion on March 10 and March 24, 2020.

Expanded Course Offerings (ECO)                                                      

This funding provides Middle and High School students with a wide variety of options for before-school and after-school elective and enrichment classes that are not available within the master schedule. For example, ECO classes at Berkeley High include Advanced Placement (AP) augmentation classes, providing access to AP coursework for students who might not otherwise have such access, as well as AVID class, science labs, yearbook and music.

The proposal for 2020-21 is to have BSEP continue to provide 7.6 FTE, as follows:

  •       0.4 FTE Longfellow Middle School
  •       0.4 FTE Willard Middle School
  •       0.8 FTE King Middle School
  •       6.0 FTE Berkeley High School

Classroom Support

This resource may provide additional FTE for special programs in need of support beyond that provided through the Teacher Template calculation.

U9 Support                                                                                       5.0 FTE 

With the inception of the Universal 9th Grade program at BHS, additional FTE was needed to provide more individualized attention as the students transition into high school. In 2018-19, BSEP took on 2.0 FTE of the needed 5.6 FTE, with the remainder provided by LCAP and the General Fund. In 2019-20, the BSEP portion of the FTE was increased to 5.0 FTE, to relieve the General Fund during a period of budget reductions.      

TWI Support                                                                                     0.6 FTE

At Sylvia Mendez Elementary School, an additional 0.6 FTE is provided for a teacher who provides small group supports to help manage a gap in proficiency in a student's home language while also trying to grow their skills in a second language. The small group intensive reading and writing groups helps equalize the challenges of kids and families in dual language instruction, providing support for students who are struggling academically in general and who did not have the advantage of bilingual preschools or other preparations. Without this support, the TWI program could become a very stratified program that best serves only those who already have tremendous educational and cultural advantages.        

International Baccalaureate Support                                               0.4 FTE  

In 2019-20, as part of the reductions to costs in the General Fund, BSEP took on partial funding for the 1.0 position of International Baccalaureate Coordinator at Berkeley High School. The IB Coordinator is responsible for alignment of the IB curriculum and pedagogy, staff training and support, IB assessment, components of the IB program, including the Extended Essay and the Creativity, Action, Service project. The Coordinator ensures compliance with all programmatic requirements of the International Baccalaureate Organization, and also facilitates family and student engagement for the 360 students enrolled in IB courses.


In addition to the 6.0 FTE for Classroom Support listed above, a continuation of BSEP funding from 2019-20, there are 8.0 FTE proposed for funding from this resource beginning in 2020-21, as follows:


Support for Students with Disabilities                                                  5.0 FTE

This addition to the BSEP HQI budget will permit the district to provide additional support for students with disabilities. First, three new Special Education teachers will be assigned from the Special Education department each year to provide case management and Specialized Academic Instruction (SAI) for students with IEPs in the schools with the highest average caseloads. Two of these teachers will work at the elementary level and one will be assigned to the middle school level. The remaining two teachers, of the five new teachers in total, will be deployed from the Special Education department to support Special Education assessments, with a particular focus on the completion of initial assessments. By providing this relief from caseload size and assessment, Special Education teachers will have more time to focus on classroom instruction and support, thereby bolstering the district’s ongoing commitment to the tenets of Least Restrictive Environment and full inclusion.

 

 

504 Coordinator                                                                             1.0 FTE

At Berkeley High School, there are over 400 students with Section 504 accommodations to support their academic success. Students with 504 plans, and the teachers who are responsible for the implementation of these accommodations, would benefit from the guidance and supervision of a dedicated 504 Coordinator.

 

BHS Student Activities Director                                                      1.0 FTE

Students at Berkeley High are supported in their engagement in a wide range of extracurricular activities which provide opportunities for student leadership, volunteerism, activism, social support, athletics, arts, and more. The Director of Student Activities (DOSA) oversees more than 100 registered student clubs and their staff sponsors who provide options for peer engagement activities during lunch and after school, collaborates with athletics, arts, academics departments, students and administrators to offer a variety of educational and social programs. In addition, the DOSA teaches the elective course "Leadership Study and Practice" to six whole-school leadership teams, working directly with over 80 Associated Student Body (ASB) leadership students who earn elective credit for their participation at weekly meetings to plan activities for their classmates, guiding student leaders and providing input to administrators in shaping the culture and values of the BHS community towards the goals of the school wide action plan. The DOSA also works with over130 junior and senior high school student Link Leaders who serve as ambassadors for the incoming 9th grade students at orientation and beyond during monthly training sessions. This position has been funded through the General Fund allocation to Berkeley High, and due to the close work with students across the school, is proposed for ongoing funding through this BSEP resource.


BHS Dean of Attendance                                                                1.0 FTE    

The Dean of Attendance monitors and supports school-wide attendance, and makes direct interventions with students by meeting with families and students who are chronically absent from school. This position is responsible for the formal processes of the School Attendance Review Team (SART) which gathers teachers, counselors, student support staff, students, and families to create a plan to improve both the student’s attendance and their academic success. The Dean also refers students who do not show progress after the SART to the School Attendance Review Board (SARB), which includes collaboration with the District’s Student Services department. At the SARB, the Dean represents the school site and interventions implemented with the student and family in order to aid Student Services in creating a contract with the student to improve their attendance. This position had initially been funded through General Fund resources, and in 2019-20 was funded through BSEP Measure A carryover funds.

Resource Summary for High Quality Instruction 2020-21

BSEP Measure E1, Resource 0741         

Since the inception of BSEP Measure E1, the BSEP resource for High Quality instruction, under the subsection of Classroom Support, has taken on the funding of a total of 13 FTE in ongoing costs added since the inception of the BSEP E1 Measure. In addition, the 2019-20 recalculation of the Direct Support contribution is providing a nearly $200,000 increase in the transfer from BSEP to the General Fund, and the 2020-21 adjustment of the GF/BSEP contributions to Class Size would provide nearly $1.2M in additional transfer to the GF, while maintaining the promised class size targets.

These costs are being supported through the additional revenues provided through the Measure E1 special tax. The allowed COLA increases of 2.9% and 4.5%, in the second and third years of the Measure, have provided revenue to mitigate some of the reductions in expenditures needed in the General Fund. These adjustments appear to be reasonable and sustainable. Initial budget models for the Measure had been conservatively predicated on lower COLA increases, as in the four years prior to Measure E1, there had been COLAs of zero to 1.57%, averaging 0.86%. Given the experience of the 10 year BSEP Measure A, which had been challenged by these low COLAs in the face of rising costs, the budgeting models and measure language for Measure E1 allowed for the possibility of building a fund balance in case of flattening revenues and/or increased costs.

For 2020-21, a 2.5% COLA is not projected to keep pace with rising costs, (salary increases are already at 2.5%), without including mandatory costs such as STRS/PERS. Should BSEP revenues flatten further in later years, and/or costs increase substantially, it may be necessary to adjust the added FTE and/or recalibrate the allocation of costs between the BSEP funds and other sources such as the General Fund.

It should also be noted that for 2020-21, the amount of FTE being charged to BSEP for elementary school teachers (based on the Teacher Transfer) is likely to be lower than in future years, as we are still in the transition from the class size goals of Measure A to those of Measure E1, which means there are larger 4th and 5th grade classes currently, requiring fewer teachers for those grades. We expect additional FTE to be necessary as class sizes for those grades decrease in the next two years. We also need to consider the possibility of enrollment growth requiring additional FTE, should BUSD experience an influx of students, as occurred in the mid years of Measure A during the great recession.

At this point, with five years to go in the Measure, the current plan is to begin to draw down on the fund balance at a sustainable rate; making adjustments, if necessary, in the later years of the Measure. Multi-year Projections are generated to aid the P&O Committee in the review of the proposed expenditures.


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




 
Attachments:
BSEP HQI Professional Development
BSEP HQI Program Evaluation
Slide Deck
12.3. Approval of Superintendent's Budget Reduction Recommendations, 2020-2021Was 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:                  April 15, 2020
SUBJECT:            Superintendent's Budget Reduction Recommendations for 2020-2021

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 board approved budget reductions at the March 11, 2020 board meeting and asked staff to bring back the transfers to other funding sources at a subsequent meeting.

The embedded table reflects the proposed transfers to other funding sources, and staff is asking the board to approve the transfers to other funding sources in the amount of $514,000.   

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 transfers to other funding sources in the amount of  $514,000 will relieve the Unrestricted General Fund by $514,000.



 
Attachments:
20-21 Budget Recommendations 04.15.20
12.4. Approval of Recommendation for Expenditure of BERRA Funds for Recruitment, Retention and Development Strategies 2020-21Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent for Human Resources, and
Natasha Beery, Director of BSEP and Community Relations

DATE:        April 15, 2020
SUBJECT:  Approval of Recommendation for Expenditure of BERRA Funds for Recruitment, Retention and Development Strategies 2020-21             

BACKGROUND INFORMATION:
Measure E of 2020, the Berkeley Public Schools Educator Recruitment and Retention Act (BERRA), will provide local tax revenues to recruit and retain qualified teachers and staff for the Berkeley Unified School District, providing funding to improve Berkeley public school educator salaries and address hard-to-staff positions.

Funds from the BERRA Measure will first become available in Fiscal Year 2020-21. Ninety-five percent (95%) of the Available Revenues will be dedicated to supplementing the salaries of District Educators through a salary increase. Five percent (5%) of the Available Revenues are dedicated to providing programs designed to strengthen recruitment, retention and development strategies for certificated and classified District personnel, especially in hard-to-fill positions.

In accordance with the Measure, the recommendation for expenditure of BERRA Funds for Recruitment, Retention and Development Strategies for the FY 2020-21 was brought by staff to the Planning and Oversight Committee for review by its Steering Committee on 4/7/2020 and with suggested revisions, brought to the full committee on 4/14/2020. The attached plan is now being brought to the Board of Education for Approval.

POLICY/CODE:
The Berkeley Educators Recruitment and Retention Act of 2020.

FISCAL IMPACT:
Available revenues for this budget are projected to be approximately $480,000, of which $440,000 are planned for expenditure in 2020-21.

STAFF RECOMMENDATION:
Approve the plan for expenditures.

 
Attachments:
BERRA Plan
Resource Summary
12.5. Annual Declaration of Need for Fully-Qualified Educators
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:       Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources      
DATE:        April 15, 2020
SUBJECT: Annual Declaration of Need for Fully-Qualified Educators

BACKGROUND INFORMATION:
An annual declaration to the California Commission on Teacher Credentialing is required for those teachers whose assignments require emergency permits or limited assignment permits.  The Board of Education must certify that there are insufficient fully credentialed applicants for certain positions. Based on previous years’ actual needs and projections of enrollment, the District must indicate the number of permits it estimates it will need for the following school year.

In cases where the District must employ teachers without the proper certification, the California Education Code and Title V Regulations provide the options for legal compliance.

The California Commission on Teacher Credentialing requires that this declaration be approved during a regularly scheduled public meeting, and that this declaration not appear as part of the consent calendar.

In light of the fact that teaching credential programs are graduating fewer teacher candidates, accompanied by increased staffing needs due to recent increased funding for school districts, the need for teachers who are not fully credentialed has increased.

POLICY/CODE:
Education Code Section 44225.7
Title V Regulation 80026

FISCAL IMPACT:
None

STAFF RECOMMENDATION: 
Approve the projected permit needs as specified in the annual declaration.

 
Attachments:
Declaration of Need 2020-21 (Unsigned)
13. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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. For instructions on how to make public comment during a Zoom meeting, please refer to item #1 of this agenda.


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

Published: April 10, 2020, 6:00 PM

The resubmit was successful.