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 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.

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.

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.

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.

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       April 22, 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:          April 22, 2020
SUBJECT:     Title IX Investigator Job Description

BACKGROUND:
Attached is the job description for the new classification of  Title IX Investigator. This position is being created to address the needs of the district to be able to complete proper investigations in a timely fashion. The position is cost neutral as it will replace the use of substitute retired administrators to conduct investigations over the past year.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the Title IX Investigator.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Superintendent
FROM:        Cheryl Hazell-Small, Interim Director, Special Education
DATE:          April 22, 2020
SUBJECT:    Approval of Instructional Assistant Visually Impaired-Braille Transcriber for the 2019-2020 School Year

BACKGROUND INFORMATION
The District provides special education Braille Transcription for Visually Impaired students.  The required transcription provides accommodations and modifications to support access to the general education curriculum. The Instructional Assistant provides appropriate compliance and copyright decisions based on AB 422 for the production of alternative media, supports acquisition and distribution of E-text, Braille transcription, large print, and/or alternative media of instructional materials to students who are visually impaired.  Additionally, the Instructional Assistant confers with the instructional staff of the visually impaired, classroom teacher, and/or other service providers concerning adapting lesson plans and materials to meet student needs and ensuring an educational benefit.   

POLICY/CODE:
Education Code 56350 (d)(1)2, 56351.5         

FISCAL IMPACT:
Not to exceed $56,082 funded from the Special Education Budget.

STAFF RECOMMENDATION:
Approve the Instructional Assistant Visually Impaired-Braille Transcriber described above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: School Board
FROM:    Brent Stephens, Ed,D, Superintendent
DATE:  April 22, 2020\
SUBJECT:  Approval of Resolution 20-049 Affirming Support of AB 2016 - Ethnic Studies Model Curriculum Draft

PURPOSE:  
For the Berkeley Board of Trustees to approve the Resolution 2019-20-24: Affirming Support of California Assembly Bill 2016- Ethnic Studies Model Curriculum Draft. 

BACKGROUND INFORMATION: 
AB2016 (2015-16) states that there is a growing body of academic research that shows the importance of meaningful and relevant curriculum and that the inclusion of ethnic studies in a curriculum has a positive impact on pupils of color.  SEC.2 Section 51d226.7 (a) The Instructional Quality Commission (IQC) shall develop and the state board shall adopt, modify, or revise a model curriculum in ethnic studies. (B) the Ethnic Studies Model curriculum shall be written as a guide to allow school districts to adapt their courses to reflect the pupil demographics in their communities.  

California is one of the first three states, alongside Oregon and Vermont, to create a Model Ethnic Studies Curriculum (ESMC) draft in June of 2019.  It was developed by Ethnic Studies high school teachers and University Faculty experts. The California course materials focus on the evolving people of color in California, such as Native Americans, African Americans, Asian Americans, Latinos, Arab Americans, Central American immigrants and Pacific Islanders.  The curriculum goes beyond ethnicity to talk about gender, class, and many other forms of identity, diversity, inclusion, and equity.  

By voting for the Ethnic Studies Model Curriculum Resolution Berkeley Unified joins the California Latino School Boards Association, the California Asian Pacific Islander School Board Members Association the California Teachers Association, California Faculty Association, and over a hundred community based organizations.

FISCAL IMPACT:
none. 

RECOMMENDATION:
Support the Resolution: Affirming Support of California Assembly Bill 2016 - Ethnic Studies Model Curriculum Draft. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           April 22, 2020
SUBJECT:    Approval of Resolution # 20-048. Declaration of Election Results for Measure H  

BACKGROUND INFORMATION:
On November 20, 2019, the Board of Education (“Board”) of the Berkeley Unified School District (“District”) adopted Resolution # 20-018 calling an education parcel tax election within the boundaries of the District to be used to provide essential maintenance of buildings, classrooms, grounds, roofs, electrical, mechanical/plumbing systems, and address fire/safety hazards.  The education parcel tax measure was designated as “Measure H” by the Alameda County (“County”) Registrar of Voters office.  On March 3, 2020, the voters within the District voted to approve “Measure H” by greater than the two-thirds (2/3) affirmative vote requirement.  Measure H authorizes the District to continue to levy the District’s existing special tax at 9.1¢/square foot on improvements, and $20/parcel on unimproved parcels, for 10 years, with cost-of-living adjustments, low-income exemptions, independent citizen and auditor oversight.  The Measure H proceedings were authorized, and the election conducted, pursuant to the California Constitution, related California law and District Resolution # 20-018.

Following the receipt of the Certification of Election Results (confirming that at least two-thirds (2/3) affirmative votes on Measure H were favorable), the Board now desires to cause an entry of such fact upon its minutes and to certify the Alameda County Board of Supervisors and Alameda County Superintendent of Schools confirmation of such election proceedings. 

It is the recommended procedure to adopt a resolution certifying the election results and directing the filing of that resolution with the County Board of Supervisors and the Superintendent of Schools office.  District’s legal counsel has prepared Resolution # 20-048 to take these actions.  A copy of the Certification of the Election Results and the election report, as received from the County Registrar of Voters, are attached to Resolution # 20-048 as Exhibit “A.”

POLICY/CODE:
California Education Code 15111

FISCAL IMPACT:
Measure H will be used to provide essential maintenance of buildings, classrooms, grounds, roofs, electrical, mechanical/plumbing systems, and address fire/safety hazards.

STAFF RECOMMENDATION:
Based on the requirements of State law, the approval of Measure H by voters within the District and the recommendations of legal counsel with respect to the levy of a special parcel tax, it is recommended that the Board adopt Resolution # 20-048.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            April 22, 2020
SUBJECT:    Approval of Resolution # 20-047. Declaration of Election Results for Measure G  

BACKGROUND INFORMATION:
On November 20, 2019, the Board of Education (“Board”) of the Berkeley Unified School District (“District”) adopted Resolution # 20-016 calling a general obligation bond election within the boundaries of the District to finance designated District capital projects, facilities and supporting infrastructure subject to certain limitations imposed by California law.  The general obligation bond measure was designated as “Measure G” by the Alameda County Registrar of Voters office.  On March 3, 2020, the voters within the District voted to approve “Measure G” by greater than the 55% affirmative vote requirement.  Measure G authorizes the District to issue and sell up to $380,000,000 of general obligation bonds.  The Measure G proceedings were authorized, and the election conducted, pursuant to the California Constitution, the provisions of Proposition 39, related California law and District Resolution # 20-016.

Pursuant to the provisions of the California Elections Code, the Alameda County Registrar of Voters has provided the District with a Certification of Election Results for Measure G.  Under the provisions of California Education Code Sections 15124 and 15274, following receipt of the Certification of Election Results (confirming that at least 55% of the total votes on Measure G were favorable), the Board is required to cause an entry of such fact upon its minutes and to certify to the Alameda County Board of Supervisors and Alameda County Superintendent of Schools confirmation of the election proceedings.  This action must be taken before the District can take action to provide for the issuance of the general obligation bonds authorized by the voters in approving Measure G.

In order to satisfy these statutory requirements by the District, it is the recommended procedure to adopt a resolution certifying the election results and directing the filing of that resolution with the County Board of Supervisors and the Superintendent of Schools office.  District Legal Counsel has prepared Resolution # 20-047 to take these actions.  A copy of the Certification of the Election Results and the election report, as received from the County Registrar of Voters, are attached to Resolution # 20-047 as Exhibit “A.”

POLICY/CODE:
California Education Code 15111

FISCAL IMPACT:
Measure G will provide funding to improve and finance designated capital projects, facilities and supporting infrastructure

STAFF RECOMMENDATION:
Based on the requirements of State law, the approval of Measure G by voters within the District and the recommendations of Legal Counsel with respect to issuance of the authorized general obligation bonds it is recommended that the Board adopt Resolution # 20-047.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           April 22, 2020
SUBJECT:      Approval of Resolution # 20-046. Declaration of Election Results for Measure E  

BACKGROUND INFORMATION:
On November 20, 2019, the Board of Education (“Board”) of the Berkeley Unified School District (“District”) adopted Resolution # 20-017 calling an education parcel tax election within the boundaries of the District to be used to recruit and retain qualified teachers and staff for the District by providing funding to improve public school educator salaries and address hard-to-staff positions.  The education parcel tax measure was designated as “Measure E” by the Alameda County (“County”) Registrar of Voters office.  On March 3, 2020, the voters within the District voted to approve “Measure E” by greater than the two-thirds (2/3) affirmative vote requirement.  Measure E authorizes the District to levy qualified special taxes on property within the boundaries of the District in the amount of 12.4¢/square foot on improvements, and $25/parcel on unimproved parcels, for 12 years, with annual cost-of-living adjustments, low income exemptions, and independent citizen and auditor oversight.  The Measure E proceedings were authorized, and the election conducted, pursuant to the California Constitution, related California law and District Resolution # 20-017.

Following the receipt of the Certification of Election Results (confirming that at least two-thirds (2/3) affirmative votes on Measure E were favorable), the Board now desires to cause an entry of such fact upon its minutes and to certify the Alameda County Board of Supervisors and Alameda County Superintendent of Schools confirmation of such election proceedings. 

It is the recommended procedure to adopt a resolution certifying the election results and directing the filing of that resolution with the County Board of Supervisors and the Superintendent of Schools office.  District’s legal counsel has prepared Resolution # 20-046 to take these actions.  A copy of the Certification of the Election Results and the election report, as received from the County Registrar of Voters, are attached to Resolution # 20-046 as Exhibit “A.”

POLICY/CODE: 
California Education Code 15111

FISCAL IMPACT:
Measure E will provide funding to improve public school educator salaries and address hard-to-staff positions

STAFF RECOMMENDATION:
Based on the requirements of State law, the approval of Measure E by voters within the District and the recommendations of legal counsel with respect to the levy of a special parcel tax, it is recommended that the Board adopt Resolution 20-046.

TO:         Board of Education  

FROM:           Brent Stephens Ed.D, Superintendent
John Calise, Executive Director of Facilities

DATE:           April 22, 2020  
SUBJECT:   Facilities Plan Modifications:  Measure I Program Budget Adjustments

PURPOSE:  To ensure that the Measure I Program Budgets are updated and reflect current project funding requirements and current program revenue projections. 

BACKGROUND INFORMATION:
The Board approved the Measure I Reallocation Plan budget in January 2018.  There have been additional plan updates as noted below. On January 23, 2019, May 29, 2019, September 4^th, 2019, and December 11^th, 2019 there were approved modifications to this plan. On February 19, 2020 the Board approved the latest revisions to the Measure I Program Budget.  At this time, it is appropriate to consider the following modification to Measure I program budget.  See the attached Measure I Program Budget worksheet.   

1. Create a project budget to replace capital equipment at the District’s Central Kitchen located at Martin Luther King Jr. Middle School.  The Wrapper, known as the “pack-out” machine that is currently used by Nutrition Services was not replaced when the new Central Kitchen opened in 2011.  This piece of equipment is nearly 30 years old and has become increasingly more difficult to service and repair.  The “pack-out” machine is essential to daily operations for Nutrition Services.

FISCAL IMPACT:  
Cost Neutral All costs are contained within Measure I.

RECOMMENDATION:  
Approve the transfer of funding from the Auxiliary Projects Project line, to the Capital Equipment Replacement Project and transfer funds for additional projects from the remaining Measure I balance. All costs are contained within the Measure I Program and updated expenditure budget. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:            April 22, 2020
SUBJECT:  Approval to Purchase a replacement Wrapper (“pack-out”) machine for Nutrition Services

BACKGROUND INFORMATION: 
In 2011, when the newly constructed central kitchen was opened, the Facilities Division provided new fixtures, furniture and equipment (FF&E) throughout.  Due to budget constraints and equipment costs, certain pieces of equipment such as the “pack-out” machine were not replaced.  The current “pack-out” machine is nearly 30 years old and has become increasingly difficult and costly to maintain.   Additionally, this machine is what is used to package and seal all meals that are distributed to the individual school campuses.  This equipment is essential to the daily operations of Nutrition Services.

Staff recommends the use of the California Uniform Public Construction Cost Accounting Act (CUPCCAA) to purchase the Ameripak Horizontal Flow Wrapper (Series 40) from Echo SPS.  This purchase falls under the CUPCCAA purchase threshold of $95,200 and was the lowest cost among other quotes received.

POLICY/CODE:
California Uniform Public Construction Cost Accounting Act (CUPCCAA) Pursuant to PCC 22032

FISCAL IMPACT:

Award by this action:

Equipment cost including installation and training, 3 year extended warranty (in addition to original warranty), and applicable taxes shall not exceed $78,513. All costs are contained within the Measure I Project Budget.

STAFF RECOMMENDATION:
Approve the purchase of equipment from ECHO SPS in the amount of $ 78,513.  

BERKELEY PUBLIC SCHOOLS

Official Minutes

Roll Call

Board of Education:
Beatriz Leyva-Cutler, President - Present
Ty Alper, Vice-President - Present
Judy Appel, Director - Present
Ka’Dijah Brown, Director - Present
Julie Sinai, Director - Present
Estella Hemp, Student Director, BHS - Absent
Edwin Castro-Romero, Student Director, BTA - Absent 

OPEN SESSION

APPROVAL OF REGULAR MEETING AGENDA
A motion was made by Vice-president Alper to approve the consent calendar. The motion was seconded by Director Brown. All voted in favor, motion passed 5-0 

REPORT OUT ON CLOSED SESSION
Vice-President Alper reported out on closed session: 

Superintendent’s Evaluation
The Board discussed the Superintendent’s evaluation 

Conference with Legal Counsel - Anticipated Litigation
The Board heard an updated and provided direction 

Conference with Legal Counsel - Existing Litigation

OAH Case No. 2019090888

Director Appel made a motion to approve staff recommendation and it was second by Vice-President Alper. All voted in favor and the motion passed by 5-0 

Claim No DSC153595

The Board heard an update.

CAND Case 18-cv-6968-MMC

Motion made by Vice-President Alper  to approve staff recommendation. Motion was second by President Leyva-Cutler. Motion passed 4-1,  Director Appel and Sinai voted in favor, Director Brown voted against. Motion passed 4-1. 

WC CL # 120500107

Motion made by Director Sinai to approve staff recommendation. Second by Director Appel. All voted in favor, and motion passed 5-0

President Leyva-Cutler gave an overview of tonight’s meeting. 

PUBLIC TESTIMONY

A total of 2 people addressed the board jointly to address the issue of youth and family homelessness impacting BUSD students. Five minutes were allocated to this issue.

Rachel Alper/Auden Friedman - Addressed youth homelessness in Berkeley. Urged board to approve contract with the Institute for Child Poverty & Homelessness (ICPH), an independent non-profit to collect data on youth homeless in Berkeley. The ICPH can do the work for free when contracted by the school district and city council. Ms. Alper and Mr. Friedman pointed out that the need for this contract comes from the conflict in the numbers reported by the City of Berkeley and the school district. They quoted that a person by person count done by BUSD reported about 200 families in Berkeley are homeless or housing insecure, whereas the City of Berkeley reported only 37 families. A contract with the ICPH would allow for accurate data that the City of Berkeley and BUSD can use to allocate appropriate funds for homeless families and students in Berkeley.

RECOGNITION:

Dr. Ray Ortiz:

President Leyva-Cutler honored Dr. Ortiz’s contribution to the school District while serving on the Personnel Commission for the past five years. President Leyva-Cutler read aloud a recognition on behalf of the Board. 

Dr. Ortiz thanked the board for the recognition. 

SNAPSHOT OF OUR SCHOOLS - WILLARD MIDDLE SCHOOL 

Willard Middle School principal Debbie Dean presented to the board about the successes at Willard Middle School where over the past 5 years it has seen a rise in SBA scores, as well as the student population that has risen to 700 students. Through short presentations from students and staff they explained their successes. 

UNION COMMENTS:

BFT:
Matt Mayer, president of the BFT union thanked the negotiations team, the Superintendent, and the school board for their hard work on contract negotiations. 

BOARD MEMBER AND SUPERINTENDENT COMMENTS

Director Sinai thanked the Willard community for their presentation and for using data to inform best practices to teach children. She also thanked BFT and both negotiation teams for coming to a ratified agreement, she also extended her appreciation to all teachers and staff who came out over the past couple of years to inform the community about what they were facing. Ms. Sinai addressed the public comment on youth homelessness and encouraged the youth commission to also reach out to the City to work on accurately counting homeless youth in Berkeley.

Director Brown appreciated Willard for their presentation. She shared that the students’ presentation in particular resonated with her. She is interested in seeing data about the types of gains made with African American students around math and language arts in hopes that the information can help close the gap for African American students.

Director Appel also thanked the Willard community for their presentation. She was grateful to BFT and both negotiating teams for reaching a contract agreement. She is proud of how the district is embracing United Against Hate Week.

No comment from Vice-President Alper. 

President Leyva-Cutler thanked board member Sinai for her comments on youth homelessness. She appreciated the Willard community for their presentation and wants to look at how the District can amplify what is happening at Willard in our other schools. Ms. Leyva-Cutler looks forward to United Against Hate activities to be part of our regular calendar.

Superintendent Stephens acknowledged that the board will undertake a number of important decisions at tonight’s meeting. One of them being the ratification agreement with BFT, and also thanked Samantha Tobias-Espinosa for her work and leadership to the District’s negotiations team. He also thanked John Calise for his work on two tax measures: the General Obligation Bond Measure and the Berkeley Public Schools Facilities Maintenance Act of 2020. He also thanked Natasha Beery for her expertise in the creation of a new measure for educator recruitment and retention. Lastly, he thanked the board for its leadership. He thanked Berkeley Schools for their efforts to celebrate United Against Hate Week, and finally also acknowledged Transgender Day of Awareness and read a quote from a BUSD Board resolution that can be found on our website.

CONSENT CALENDAR

A motion was made by Vice-President Alper to approve the consent calendar. The motion was seconded by Director Brown. All voted in favor, motion passed 5-0 

PUBLIC HEARING:

Public Hearing on the Superintendent’s Recommendation for Approval for Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (BCCE)

President Leyva-Cutler opened the public hearing at 8:00pm.

Superintendent Stephens explained that the District is required by law to hold a public hearing and solicit public comment. The board would vote later in the agenda to approve the Superintendent’s recommendation of initial proposals for reopeners between the district and the BCCE union.

There were no public comments.

PUBLIC HEARING:

Public Hearing on the Superintendent’s Final Recommendation for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020

President Leyva-Cutler opened the public hearing at 8:20pm.

Superintendent Stephens and Natasha Beery present to the board the Superintendent’s final recommendation for the Berkeley Public Schools Educator Recruitment and Retention Act 2020 or BERRA.

The Superintendent explained that BUSD has reached a moment of crisis with recruitment and retention of staff that is affecting students. He explained that in 2019-20 there were many teaching, special education and paraprofessional openings, and provided data that shows that BUSD salaries are not competitive compared to other area district, noting that BUSD ranks number 16 out of 18 on experienced teacher salaries. He further explained that compared to other Districts we’re not able to use “concentration dollars” that come from the state to apply for salaries. Similarly, BUSD does not have a local tax that is devoted to compensation.While the District does enjoy the benefits from BSEP, it does not have a local revenue that can be applied toward compensation. Dr. Stephens pointed out that Berkeley voters are very supportive of our school system and through multiple polls it is evident that there is strong commitment to the idea of a local tax measure to support BUSD educators.

The Superintendent explained that BERRA has a number of important components by way of revenue, and is anticipated that there will be approximately $10 million of tax collected per year with a $9.5 million yield as available revenue. The rate per square foot is anticipated to be 0.124 per year on developed properties and $25 a year on undeveloped parcels. The structure of the tax being proposed is 95% of available revenues to be directed to educator compensation, with the exception of the Superintendent and senior leaders; 5% of available revenues to be directed to BUSD programs designated to recruit staff for hard-to-fill positions such as Special Education.

The District is proposing a 12-year term for this tax measure. The language of the measure has also included a variety of exemptions for homeowners, such as very low income seniors, exemptions for taxpayers with social security disability insurance, and taxpayers with supplemental security income. Superintendent Stephens mentioned that the COLA is calculated at the Bay Area Consumer Price Index.

No public comment.

Questions and discussions followed 

PUBLIC HEARING:

Public Hearing on the Superintendent’s Final Recommendation for the Berkeley Public Schools Facilities Safety and Maintenance Act of 2020 

Superintendent Stephens and John Calise presented to the board the Superintendent’s final recommendation for the Berkeley Public Schools Facilities and Maintenance Act of 2020

Superintendent Stephens and Director of Facilities John Calise explained that the purpose of the Facilities and Maintenance Act of 2020 is to provide essential maintenance of buildings, classrooms, grounds, etc. to address fire and safety hazards. Mr. Calise explains that this special tax has provided over the past 20 years has funded all of the maintenance and grounds activities within the district, which allows the District to maintain schools, and relieves stresses from the general fund, allowing said monies to go directly to the classrooms.

The annual revenue projections with the new tax beginning in July of 2020 would be about $7.3 million, about 9 cents per square foot. About 65% of that goes to salary and benefits, the remainder would go toward supplies, contracts, and indirect costs.

The renewal of the Maintenance tax will fund maintenance and grounds until the year 2030. The early sunset and renewal of measure H would address increased costs without cut to services.

No public comment. 

ACTION 

Approval of Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (BCCE) 

A motion was made by Director Sinai to approve the Initial Proposals for Reopeners Between the District and the Berkeley Council of Classified Employees (BCCE). The motion was seconded by Vice-President Alper. All voted in favor, motion passed 5-0

Approval of Resolution 20-017, the Berkeley Public Schools Educator Recruitment and Retention Act of 2020, Calling an Election on March 3, 2020 to Impose a Qualified Special Tax on All Parcels of taxable Real Property in the District’s Boundaries. 

A motion was made by Director Brown to approve Resolution 20-017, the Berkeley Public Schools Educator Recruitment and Retention Act of 2020, Calling an Election on March 3, 2020 to Impose a Qualified Special Tax on All Parcels of taxable Real Property in the District’s Boundaries. The motion was seconded by Director Sinai. All voted in favor, motion passed 5-0.

Director Sinai says that while she moves to approve Resolution 20-017 she strongly believes that the State should be paying Districts more money to pay teachers. 

Directors Leyva-Cutler, Appel and Brown all agree with Director Sinai’s remarks. 

Approval of Resolution 20-018, the Berkeley Public Schools Facilities Safety and Maintenance Act of 2020, Calling an Election on March 3, 2020 to Impose a Qualified Special Tax on All Parcels of taxable Real Property in the District’s Boundaries. 

A motion was made by Vice-President Alper to approve Resolution 20-018, the Berkeley Public Schools Facilities Safety and Maintenance Act of 2020, Calling an Election on March 3, 2020 to Impose a Qualified Special Tax on All Parcels of taxable Real Property in the District’s Boundaries. The motion was seconded by Director Appel. All voted in favor, motion passed 5-0. 

Approval of Resolution 20-016 for the General Obligation Bond Measure. 

Director of Facilities John Calise presents to the board the Capital Planning Budget for the General Obligation Bond, in over 10 years, the District will need roughly $421 million. The goal is to improve our overall facilities as well as services offered to BUSD students.

Projects range from seismic updates, finishing of projects that have begun over the past two decades such as the completion of Berkeley high school, new classrooms, etc.

The total bond authorization for the 2020 Measure is $380 million. The average cost is $45.21 per $100,000 of assessed value. BUSD is committed not to exceed $172.80 per $100,000 assessed value for all combined General Obligation Bonds. The current funding model shows for 2021-22 to cost $158.97 per $100,000, it is expected that the cost will decrease each year thereafter and by 2030 the cost per $100,000 should be below $100.

Vice-president Alper commended Mr. Calise for his work on the bond measure and for his leadership.

A motion was made by Director Appel to approve Resolution 20-016, for the General Obligation Bond Measure. The motion was seconded by Vice-President Alper. All voted in favor, motion passed 5-0.

Approval of Tentative Agreement with the Berkeley Federation of Teachers for Successor Agreement for 2019-21 

A motion was made by Vice-President Alper to approve the Tentative Agreement with the Berkeley Federation of Teachers for Successor Agreement 2019-21. The motion was seconded by President Leyva-Cutler. All voted in favor, motion passed 5-0. 

No presentation was prepared, but Dr. Stephens did share a set of documents for the board, which were also included online.

ADJOURN
 8:52pm

BERKELEY UNIFIED SCHOOL DISTRICT 

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

BACKGROUND INFORMATION: 
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:

1. Zoom

2. Technology Access

3. Distance Learning Enrichment

4. Instructional Assistants

5. Summer, 2020

6. Fall, 2020

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

1. The Superintendent will request that the Board of Education close school facilities for the remainder of the school year. In the event that the Alameda County Public Health Officer indicates that schools may re-open, this decision will be re-visited.

   
   
   
   

BERKELEY UNIFIED SCHOOL DISTRICT

TO: BUSD Board of Education
FROM: Brent Stephens, Superintendent
DATE: April 22, 2020
SUBJECT: Approval of Superintendent’s Recommendation to Extend School Closure until the End of the School Year

The Superintendent will request that the Board of Education close school facilities for the remainder of the school year. In the event that the Alameda County Public Health Officer indicates that schools may re-open, this decision will be re-visited.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:           Bajé Thiara, Associate Superintendent for Educational Services an
Natasha Beery, Director of BSEP and Community Relations
DATE:            April 22, 2020
SUBJECT:    Recommendation for 2020-21 Expenditure of BSEP Funds fo Essentials for Excellence: Libraries, Music/VAPA and Technology

BACKGROUND INFORMATION:

According to BSEP Measure E1 of 2016,

“Twenty-seven percent (27%) of the Available Revenues shall be dedicated annually to providing programs designed to improve the academic proficiency and educational experience of all students by providing equitable access to an enriched, challenging and engaging curriculum. Available Revenues may support all costs attendant to providing these services at district-operated schools, including operational costs. These revenues shall be allocated to district-wide programs as follows:

School Libraries: Seven and a quarter percent (7.25%) of the Available Revenues shall be allocated annually to provide student access to quality school libraries… 

Music and Visual and Performing Arts Programs: Six and a quarter percent (6.25%) of the Available Revenues shall be allocated annually to providing quality instructional programs in music and the visual and performing arts for elementary and middle school students…. 

School Site Programs: Ten and a quarter percent (10.25%) of the Available Revenues shall be allocated annually for School Site Programs to each K-12 school on a per pupil basis.

Instructional Technology: Three and a quarter percent (3.25%) of the Available Revenues shall be allocated to providing instructional technology in schools, and access for students to computers and instructional technology.”^[1] 

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The 2020-21 plans for funds allocated for Libraries, Music/VAPA, and Technology were reviewed and approved at regularly scheduled P&O meetings on April 14, 2020. The summary for these plans, and associated appendices, are provided with this document. The School Site Program plans are being prepared and reviewed by School Site Councils and will come to the P&O for discussion on June 2 before being presented to the Board.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1)

FISCAL IMPACT:
Expense to the BSEP Measure E1 Resources for Library, Music/VAPA and Technology is projected to total $5,279,661 which includes providing $275,254 to the General Fund based on the indirect cost rate of 5.25%.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for Essentials for Excellence (Libraries, Music/VAPA and Technology) for FY 2020-21.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: BUSD Board of Education
FROM: Brent Stephens, Superintendent
DATE: April 22, 2020
SUBJECT: Approval of Superintendent's Recommendations for Reductions to the 2020-2021 LCAP Budget

Each year, California schools receive supplemental funding intended to provide additional support to students who are counted as “unduplicated” in the district’s enrollment. These students include English Language Learners, students who qualify for Free and Reduced Price Lunch, and homeless and foster youth. In BUSD, state Supplemental Funds are often referred to as “LCAP funds”, and total about $5.5M each year.

In the coming school year, a number of pressures on the Supplemental budget will force reductions in spending, or the need to identify additional revenue, in the amount of $492,000. These pressures are described in this chart:

At this evening’s Board meeting, the Superintendent will propose that the Board approve the following actions related to the Supplemental budget. These actions are listed below:

In addition, the Superintendent will propose that $95,000 in savings to the Supplemental budget for 2019-2020 be redirected to augment summer distance learning opportunities for unduplicated students.

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 22, 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 was presented to the Board of Education on April 15, 2020 and 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.

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.