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

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.

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 May 20 meeting by video conference, please Click here 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 867 6723 4523, 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.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. will be given priority.        

Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       May 20, 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
DATE:          May 20, 2020
SUBJECT:  Approval of BCCE COVID-19 MOU

BACKGROUND INFORMATION:

Approval of the following BCCE MOU that was signed since the last board meeting of May 6, 2020, is being requested:

• Impacts of COVID-19 Pandemic, Part 5

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         May 20, 2020
SUBJECT: Approve Listing of Warrants issued in March 2020.

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of March is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT: 
$ 3,974,772.94 for the month of March 2020 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of March 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         May 20, 2020
SUBJECT: Approve Listing of Warrants issued in April 2020.

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of April is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$ 4,076,520.25 for the month of April 2020 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of April 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent|
DATE:         May 13, 2020
SUBJECT: Approval of Payroll Warrants Issued in March 2020

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of March 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,112,642.03, for March 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in March 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         May 13, 2020
SUBJECT: Approval of Payroll Warrants Issued in April 2020

BACKGROUND INFORMATION:
On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of April 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,616,809.06, for April 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in April 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Brent Stephens, Ed. D., Superintenden
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         May 20, 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. Niroga to provide DMindfulness training and support to King, Willard, BTA, BIS and four departments at BHS. The cost will not exceed $81,250. To be paid from City of Berkeley Grant. Requested by Baje Thiara.
2. Increase in contract, PO#201928 to Strategies For Learning Inc. to provide additional educational services to 2^nd Special Education student. The Board originally approved $10,500 on 3/11/20. The additional amount needed is $12,000 for a total amount of $22,500. To be paid from Special Ed Fund. Requested by Baje Thiara.
3. Ratification of contract with Crown Moving to provide the move of Oxford Middle School to the West Campus. Contract originally board approved and awarded to Corovan Moving on May 6, 2020.The amount will not exceed $15,000. 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: May 20, 2020 
SUBJECT: Approval of Resolution # 20-058– Disposition of Surplus Property

BACKGROUND:
The Facilities Department has been working on the construction of West Campus - increment 2.  There are additional items that were stored in the West Campus auditorium that require disposition.  The Facilities Division performed an extensive inspection and analysis to determine if any of these items could be used elsewhere in the District.  The items on the inventory list that are deemed as surplus have either passed their useful lifespans, are in disrepair or are not needed elsewhere in the District. 

Education Code Section 35168 requires school districts to establish an inventory system of all assets.  Options for items deemed surplus include: e-waste, auction, recycle or donate.

FISCAL IMPACT:
Contract award by this action: none 

RECOMMENDATION:    
Approve items to be considered surplus for Disposition – Resolution # 20-058

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: Stephen Collins, Facilities Maintenance Manager
DATE: May 20, 2020
SUBJECT: Approval of Sustainability Plan Development Contract with Strategic Energy Innovations

BACKGROUND INFORMATION:
On November 14, 2018, the Board approved the Sustainability Plan which includes hiring consultants for development and implementation.  In the spring of 2019, a Request for Qualifications/Proposals (RFQ/P) was issued for Sustainability Plan Development for the 2019-20 FY.  Strategic Energy Innovations (SEI) was awarded a contract to provide Sustainability Plan development and implementation services.  The contract included the placement of a full-time Climate Corps Fellow with the District.

While significant progress has been made, especially in the areas of waste reduction, plan development, and community engagement, the District is committed to ongoing assessment, development, and implementation of the Sustainability Plan. We recommend the approval of a contract with Strategic Energy Innovations (SEI) in the amount of $140,000 for the 2020-21 FY.  This contract will include the placement of a full-time Senior Climate Corp Fellow.

FISCAL IMPACT:
$115,000 to be paid from Measure H; $25,000 to be paid from waste reduction grant from the Altamont Advisory Board.

RECOMMENDATION:
Approve contract with Strategic Energy Innovations (SEI) for the 2020-2021 fiscal year.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: Stephen Collins, Facilities Maintenance Manager
DATE: May 20, 2020
SUBJECT: Ratification of Increase for One Source Engineering to Provide Boiler Services 

BACKGROUND INFORMATION:
In the spring of 2018, the District went out to bid for boiler service and repair. One Source Engineering was the lowest bidder and was awarded a contract to provide boiler services for the District for the 2018-19 FY. The contract allowed for the District to award up to four one-year extensions. The District renewed the contract for the 2019-20 fiscal year and on June 26, 2019, the Board approved a contract not to exceed $80,000.  The Board approved an additional $20,000 on November 20, 2019.  Due to a significant increase in boiler repairs; underlying conditions being age, condition, use, and emergency repairs, the Maintenance Department is requesting an additional increase to the contract.

FISCAL IMPACT:
The current amount is $100,000. An increase of $40,000 us needed. All costs are contained within the Measure H budget. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: Stephen Collins, Facilities Maintenance Manager
DATE: May 20, 2020
SUBJECT: Ratification of Increase for Shoreline Environmental Resources to Provide HAZMAT Services 

BACKGROUND INFORMATION:
On June 12, 2019, The Board approved $30,000 for Shoreline Environmental Resources to provide HAZMAT services for the 2019-20 FY and approved an additional $45,000 on March 11, 2020.  Due to a significant increase in hazardous waste and material screening, testing, handling, and re-construction, the Maintenance Department is requesting an additional increase to the contract.

FISCAL IMPACT:
The current contract amount is $75,000.  An increase of $46,000 is needed. All costs are contained within the Measure H budget.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: May 20, 2020
SUBJECT: Acceptance of the Citizens Construction Oversight Committee Annual Report 

BACKGROUHND INFORMATION:
Attached to this cover memo is a report from the Citizens Construction Oversight Committee.  The Committee has the responsibility to receive and review copies of the annual independent performance audit and the financial audit of Measure I expenditures.  The Committee also has the responsibility to create an annual report and to present that report to the Board not later than 60 days after the completion of the annual audit of the year-end close of the District's financial records.  The Board accepted the District-wide audit on January 22, 2020, but the Measure I audits were not received until later.  As a result, the Annual Report is being presented after the 60-day goal.  

Attached to this cover memo is the Committee’s Annual Report.   The Committee Chair plans to attend the Board Meeting. 

POLIXY/CODE:
Education Code 15282 and 15278.   
Board Policy 9131.  

FISCAL IMPACT:
There is no fiscal impact to accept the Report.   

STAFF RECOMMENDATION: 
Accept the Citizens Construction Advisory Committee Annual Report. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: May 20, 2020 
SUBJECT: Approval of a Contract for Crown Movers for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION:
In anticipation of construction to begin on the Berkeley Community Theater project in June, staff has received three proposals from moving companies to provide moving and storage services for all the classrooms, stage, and basement of Building A at Berkeley High School.  Some items will be stored in an offsite warehouse for 2 years; these are the items that the BHS staff has indicated they will not need access to while in “deep storage”.  Other items will be stored off-site at other BUSD locations and some items will be moved to the three (3) temporary portables which will be housed on-site.  Rental containers will be provided on-site for two (2) years for additional on-site storage for classrooms.  The results were as follows:

FISCAL IMPACT:
Contract award by this action: $118,636.  All costs are within the project budget and contained within Measure I. 

RECOMMENDATION:
Approve contract for Crown Movers for the Berkeley High School Building A Theater Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Superintendent
FROM:             Natasha Beery, Director of BSEP and Community Relations
DATE:              May 20, 2020
SUBJECT:       Resolution 20-059 to establish the 2020-21 tax rate for the Berkeley Public Schools       Educational Excellence Act of 2016 (Measure E1 of 2016) and Revenue Projection for FY 2020-21

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) authorizes the levy of a special tax of thirty-seven cents per square foot as stipulated in Section 4 of the Measure. 

This shall authorize the District to levy a Special Tax of thirty-seven cents ($0.37) per square foot on all Improvements beginning July 1, 2017, and continuing for a period of eight (8) years. This Special Tax shall be levied on the Square Footage of all Improvements, including all Buildings and Structures, on Parcels of Taxable Real property in the District. 

The revenues raised by the special tax are to be used to improve the educational achievement of Berkeley Unified School District’s (“District”) public school students by providing high quality educational programs as specified by the Measure.

Beginning in 2018-19, the second year of assessment of the Special Tax, and each year thereafter, an annual cost-of-living increase in the rate is permitted to maintain the programs. This increase was not applied in the first year of the Measure, but in subsequent years may be increased from the rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics.

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1, 2019, is 2.5 percent. 

POLICY/CODE:
The Berkeley Public Schools Educational Excellence Act of 2016, (Section 4) 

FISCAL IMPACT:
Revenues are projected to be $32,954,700 for FY 2020-21

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 for FY 2020-21.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:        Brent Stephens, Superintendent
Bajé Thiara, Associate Superintendent for Educational Services
DATE:        May 20, 2020
SUBJECT: Recommendation for Allocation of BSEP Effective Student Support Funds for 2020-21

BACKGROUND INFORMATION:
According to BSEP Measure E1 of 2016, “seven percent (7%) of the Available Revenues generated by this Measure shall be dedicated annually to providing programs designed to provide effective supports that help students reach their highest academic potential while addressing the needs of the whole child.

These revenues may be allocated to programs in any district-operated school for such purposes as Counseling and Behavioral Health, Family Engagement and Access, or Student Achievement Strategies to improve academic, behavioral and social-emotional outcomes for students.”^[1]

In 2019-20, as part of the Superintendent’s Budget Advisory Committee process, the expenditures for certain programs that were co-funded through BSEP and LCAP were realigned to consolidate funding, such that BSEP resources now provides all funding for Literacy Coaches, and LCAP provides all funding for Office of Family Engagement and Equity staffing. 

In order to balance the budgets, BSEP Measure E1 allocations to the Student Achievement Strategies resource were adjusted to provide 4.85% of available revenues, in order to provide additional support for FTE for Literacy Coaches and Math Coaches, while the Counseling and Behavioral Health resource received the remaining 2.15% of available revenues from the Student Support fund.

For 2020-21, BSEP Measure E1 will continue to provide a 4.85% allocation for Student Achievement Strategies and 2.15% for Counseling and Behavioral Health to support needed programs, detailed in plan appendices. The BSEP Measure A fund balance of over $90,000 from the “Parent Outreach” budget is available to provide additional non-staffing support, including contracts and materials for Family Engagement.

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for funds allocated for Effective Student Support in 2020-21 were reviewed and approved at regularly scheduled P&O meetings on February 25 and March 10. The summaries for each of these plans are provided as appendices to this document.

PROGRAM EXPENDITURES 

Student Achievement Strategies                                               $1,559,112

This resource supports staffing for Literacy Coaching and Response to Intervention, provides partial funding for the Be a Scientist program at middle schools, and in 2020-21, adds funding for the African-American Success Project.

See Appendix A for BSEP Student Achievement Strategies plan details for 2020-21.  

Counseling and Behavioral Health                                        $766,413

This resource provides funding for counselors at BUSD middle schools, and in 2020-21 will begin funding Consent Education.

See Appendix B for BSEP Counseling and Behavioral Health plan details for 2020-21.

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

FISCAL IMPACT:
Expense to the BSEP Measure E1 Effective Student Support resource in 2020-21 is estimated to be $2,325,525. 

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for Effective Student Support for FY 2020-21.

BERKELEY UNIFIED SCHOOL DISTRICT 

 TO: Board of Education

FROM: Brent Stephens, Superintendent

DATE: May 20, 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. 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.

 Additional Town Halls were held on April 29 and May 13, and two more virtual Town Halls - one in Spanish and one in partnership with Parents for Children of African Descent (PCAD)  - are schedule for the coming week. 

As part of this agenda item, staff will provide updates to the Board of Education on the following topics. No action items are included this evening.

1. State and County Public Health Updates

2. May 13 Town Hall Feedback

3. Distance Learning Updates, VAPA & Digitech

4. Fall 2020 Planning

5. Proposal Student Make Up/Staff Training Week, June 8-12

6. Ongoing Community and Staff Engagement

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Pauline Follansbee, Assistant Superintendent, Business Services

Re: Item 13.2. Governor's May Revise and BUSD Budgeting Process

Date: May 20, 2020

On March 11 and April 15, 2020, the Board of Education took action to approve reductions to General Fund expenditures for the 2020-2021 school in the amount of $1,295,000. These reductions to next year's spending are intended to ensure BUSD’s fiscal stability in light of reductions in the January Governor’s Proposed Budget to the Cost of Living Adjustment (COLA) for the 2020-2021 school year from 3% to 2.29%.

On May 6, 2020 the Board directed staff to identify an additional $2,000,000 in possible reductions to the General Fund in the event of further reductions in state funding to BUSD. The Board took this action in response to widespread media reports of a coming recession in California due to the COVID-19 pandemic.

On May 14, Governor Gavin Newsom’s May Revision proposals bore little resemblance to his Governor’s January State Budget, when the Administration anticipated a multibillion dollar surplus in a $222 billion spending plan. While May Revisions are usually built upon actual personal income tax receipts and stable economic projections, both are missing this year. Faced with plummeting resources, Governor Newsom has proposed a dramatic reduction in the level of state support for public education, including a 10% reduction in revenue for the LCFF Base and Supplemental Grants, as well as reductions to a variety of grant programs related to CTE and After-School Care.

Preliminary analysis of the Governor’s Budget indicates a reduction of $7,000,000 in funding for BUSD.

This evening, the Superintendent and Assistant Superintendent for Business Services will provide the Board with an overview of the May 14 Budget Revision, and discuss strategies for balancing the 2020-2021 BUSD budget. No action items are proposed for this evening’s presentation.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in for the earlier open session public testimony will be given priority.  Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President.