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Regular Meeting
Berkeley USD
May 27, 2020 5:30PM
Zoom

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

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. 



2. Closed Session Public Testimony
Quick Summary / Abstract:



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. Collective Bargaining Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)Confidential agenda item.
3.1.1. Berkeley Council of Classified Employees (BCCE)Confidential agenda item.
3.1.2. Berkeley Federation of Teachers (BFT)
3.2. Public Employment (Government Code Section 54957) Confidential agenda item.
3.2.1. Executive Director of Special Education
3.2.2. Superintendent Evaluation
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of May 27, 2020
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:


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:       May 27, 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 05.27.20
Classified Personnel Report 05.27.20
11.2. Approval of BCCE MOU Regarding Custodial and Maintenance Staff
Rationale:

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



 
Attachments:
BCCE COVID-19 MOU, Part 6
11.3. Approval of New Classification: Adult School Program Specialist
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Brent Stephens, Superintendent
FROM: Samantha Tobias-Espinosa
DATE: May 27, 2020
SUBJECT: Approval of New Classification: Adult School Program Specialist 

BACKGROUND:

The District is requesting  the position of Administrative Assistant II located at the Adult School be reclassified to Adult School Program Specialist. A desk audit performed in January of 2020 by Kimberle Sanders, Director of Classified Personnel, returned these findings:

  • This position requires deep understanding of a variety of district functions, including payroll and accounting.

  • The volume of work required is significant.

  • The duties of this position at the adult school are significantly distinct from those of the current classification, and a reclassification is warranted.

The position at the Berkeley Adult School is unique from other admin positions within the district and at other adult schools. It was also determined that the salary range for similar positions among neighboring adult schools had a higher median salary, even with some of the adult schools having designated HR technicians and budget specialists, who do what the position does. 

The current salary range for the Administrative Assistant II is 46, $3963 - $4844. We are proposing the Adult School Program Specialist range at 52, $4604 - $5611.

FISCAL IMPACT:
An annual increase of adult school expenditures of  $11,746, to be paid from adult education funds.

STAFF RECOMMENDATION:
Approve the duties of the new classification of the Adult School Program Specialist.





 
Attachments:
Administrative Assistant II Job Description
Adult School Program Specialist Draft Job Description
11.4. Approval of New Classification: Classified Professional Development CoordinatorWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:        Dr. Brent Stephens, Superintendent
FROM:           Samantha Tobias-Espinosa
DATE:            May 27, 2020
SUBJECT:    Classified Professional Development Coordinator

BACKGROUND:
The District is proposing the position of Classified Professional Development Coordinator be created to address the identified needs and the BERRA Retention and Recruitment Plan. Research of similar positions was performed in May of 2020 by Kimberle Sanders, Director of Classified Personnel.

The position of Classified Professional Development Coordinator is designed to coordinate and implement well-developed professional development and training for all classified staff throughout the District. It was also determined that the salary range for similar positions among neighboring Districts and comparable to the current Certificated Professional Development Coordinator is Local 21 range 70 ($7421-$9018 per month).

FISCAL IMPACT:         
An annual expenditure of $105,721, to be paid from the BERRA 5% Retention and Recruitment fund.

STAFF RECOMMENDATION:
Approve the duties of the new classification of the Classified Professional Development Coordinator.


 
Attachments:
Classified Professional Development Coordinator Job Description
11.5. Approval of Job Description: Special Education IEP Coach (TSA)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Dr. Brent Stephens, Superintendent
FROM:         Samantha Tobias-Espinosa
DATE:            May 27, 2020
SUBJECT:    Special Education IEP Coach

BACKGROUND:
The District is proposing the position of Special Education IEP Coach be created to address the identified needs and the BERRA Retention and Recruitment Plan.

The position of Special Education IEP Coach is designed to coordinate and implement well-developed professional development, training, and support for all certificated special education staff throughout the District to increase compliance. This position will be a BFT teacher on special assignment.

FISCAL IMPACT:         
An annual expenditure of $117,700, to be paid from the BERRA 5% Retention and Recruitment fund.

STAFF RECOMMENDATION:
Approve the duties of the new classification of the Special Education IEP Coach.







 
Attachments:
Special Education IEP Coach Job Description
11.6. Approval of Contract Modification 1 with Callahan Inspections for Modernization of West Campus Capacity Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Director of Facilities 
DATE: May 27, 2020
SUBJECT: Approval of Contract Modification 1 with Callahan Inspections for Modernization of West Campus Capacity Project

BACKGROUND INFORMATION:
On May 22, 2019 the Board of Education approved a contract for David R. Callahan Inspections to provide inspection services for the West Campus Capacity Project.

Since that time, the scope of the West Campus project has increased significantly in scope due to the geotechnical findings at Oxford Elementary School.  It is required by the Division of the State Architect for all school construction projects to be inspected by DSA certified inspectors to ensure Fire Life Safety, Structural and Access compliance.                                                                                                                 

Facilities staff is requesting approval of contract modification 1 with David R. Callahan Inspections to provide inspection services for the additional scope. 

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT:
Contract award by this action: $49,434 for a total of $126,474 to be Paid from Measure I Bond Funds.  All costs are contained within the project budget.

STAFF RECOMMENDATION:
Approve contract modification 1 with David R. Callahan Inspections for the Modernization of the West Campus Capacity Project.

 
11.7. Approval of Contract Extension with American Logistics for Non-Public School (NPS) Transportation for 2019-2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens Ed. D., Superintendent
FROM:            Sheila Collier, Transportation Manager
DATE:            May 27, 2020
SUBJECT:     Approve Contract Extension with American Logistics for Non-Public School (NPS) Transportation School Year 2019-2020

BACKGROUND INFORMATION:
Since August 2014, the District has had a contract with American Logistics to provide transportation for students attending Non-Public Schools (NPS), which automatically renews each year. During the 2019-2020 school year, the costs exceeded the budgeted amount of $571,000 due to new, modified transportation service requests for special needs students and additional transportation providers that increase budget significantly. For 2019-2020 regular school year, we will need an additional $133,370.00 to cover the remaining invoices for the fiscal year for a total of $704,370.00       

FISCAL IMPACT:
The annual cost of service under the contract extension for 2020-2021 should not exceed $704,370. 

STAFF RECOMMENDATION:
Approve Purchase Order with American Logistics for 2019-2020 FY should not exceed the amount for $704,370.


 
12. Action Items
12.1. Update on COVID-19Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM: Brent Stephens, Superintendent
DATE: May 27, 2020
SUBJECT: Update on COVID-19

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 scheduled for this 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.

This evening, staff will request Board approval for two items.

12.1.1. Approval of June 8-12, Student Make Up and Staff Planning Week

Staff requests that the Board designate the week of June 8-12 a “Student Make Up and Staff Planning Week” The week will have the following features:

  • No new assignments from teachers are expected

  • No Office Hours are expected

  • Students may continue to turn in work, and teachers will continue to accept this work

  • Grades are due on the same date as previously scheduled

In addition, this somewhat reduced teaching load will permit teachers to come together after two months of distance learning to reflect, learn, and plan for the coming school year, which we anticipate will feature the ongoing use of distance learning.

12.1.2. Approval of Superintendent’s Recommendations for 2020-2021 Planning Assumptions

The Superintendent requests that the Boards approve the following assumptions about the coming school year for the purpose of focusing school principals and teacher leadership teams on developing plans for 2020-2021. These planning assumptions do not constitute a decision about how to begin the 2020-2021 school year.

These assumptions rest on several factors, including the certainty of the ongoing presence of COVID-19 in the Berkeley community in 2020-2021. They account for the likelihood that some families and some staff will likely not be able to participate in on-campus learning for a variety of reasons; current Alameda County Public Health Department guidance about social distancing conventions that are required in Alameda County summer programs; and the likelihood that schools may close again in the 2020-2021 if another round of infections takes place in Berkeley.

2020-2021 Planning Assumptions: 

COVID-19 will continue to be present in Berkeley.

    1. In 2020-2021, Distance Learning will form the core of our educational program for all students, at all grades. For this reason, reflecting on and improving Distance Learning are a first priority.
    2. Next year, on-campus learning, if it is permitted, is very likely to be limited because of social distancing requirements, periods of school closure, supply shortages, lack of public confidence about safety, and illness.  For this reason, planning for the thoughtful use of our campuses as a supplement to distance learning is our second priority.



 
Attachments:
Presentation
12.1.1. Approval of June 8-12, Student Make Up and Staff Planning WeekWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM: Brent Stephens, Superintendent
DATE: May 27, 2020
SUBJECT: Approval of June 8-12, Student Make Up and Staff Planning Week

Staff requests that the Board designate the week of June 8-12 a “Student Make Up and Staff Planning Week” The week will have the following features:

  • No new assignments from teachers are expected

  • No Office Hours are expected

  • Students may continue to turn in work, and teachers will continue to accept this work

  • Grades are due on the same date as previously scheduled

In addition, this somewhat reduced teaching load will permit teachers to come together after two months of distance learning to reflect, learn, and plan for the coming school year, which we anticipate will feature the ongoing use of distance learning.




 
12.1.2. Approval of Superintendent’s Recommendations for 2020-2021 Planning AssumptionsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education
FROM: Brent Stephens, Superintendent
DATE: May 27, 2020
SUBJECT: Approval of Superintendent’s Recommendations for 2020-2021 Planning Assumptions

The Superintendent requests that the Boards approve the following assumptions about the coming school year for the purpose of focusing school principals and teacher leadership teams on developing plans for 2020-2021. These planning assumptions do not constitute a decision about how to begin the 2020-2021 school year.

These assumptions rest on several factors, including the certainty of the ongoing presence of COVID-19 in the Berkeley community in 2020-2021. They account for the likelihood that some families and some staff will likely not be able to participate in on-campus learning for a variety of reasons; current Alameda County Public Health Department guidance about social distancing conventions that are required in Alameda County summer programs; and the likelihood that schools may close again in the 2020-2021 if another round of infections takes place in Berkeley.

2020-2021 Planning Assumptions:

COVID-19 will continue to be present in Berkeley.

    1. In 2020-2021, Distance Learning will form the core of our educational program for all students, at all grades. For this reason, reflecting on and improving Distance Learning are a first priority.
    2. Next year, on-campus learning, if it is permitted, is very likely to be limited because of social distancing requirements, periods of school closure, supply shortages, lack of public confidence about safety, and illness.  For this reason, planning for the thoughtful use of our campuses as a supplement to distance learning is our second priority.
 
13. Discussion Items
13.1. 2020-2021 BUSD Budget (General Fund, Supplemental Fund, BSEP, ASES) Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens ED.d, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent
DATE:           May 27, 2020
SUBJECT:    Update on Action Plan for Implementing Budget Solutions

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.

Preliminary analysis of the Governor’s Budget indicates a reduction of $7,100,000 in funding for BUSD.  This reduction is needed if no additional federal funding from the Health and Economic Recovery Omnibus Emergency Solution Act (HEROES ACT) is received. 

Alameda County Office of Education is advising Districts Develop “Action Plan” on how to implement the budget solutions, which includes:

o   Option I – Determine the Impact of HEROES Act; this will wipe out the 10% reduction, thus will result in a net increase of 2.31%

o   Option II – Develop a list of potential revenue enhancements/expenditure reductions that are actionable in the event that Option I does not materialize.  Some are negotiable with bargaining units, some needs more time to implement. 

o   Bring a separate resolution to the Board for approval as a strong commitment to balance the budget, with the Option I and Option II plan.  Alternatively, you may incorporate this in your budget documents, but make sure that it is highlighted in the presentation and that the Board clearly understands of these contingencies.

This evening, the Superintendent and Assistant Superintendent for Business Services will provide the Board with an update on potential expenditure reductions and  additional strategies for balancing the 2020-2021 BUSD budget. No action items are proposed for this evening’s presentation.

Strategies will be shared with the Superintendent’s Budget Advisory Committee on June 2, 2020 for their comment and feedback.  Strategies will then be presented to the board on June 10 for approval. The attached schedule reflects $7.7 million in planned reductions and $1 million in additional expenses to due to COVID-19.  

The District’s budget reduction target is estimated at $8.7 million.  The strategies on the attached schedule are estimates and will be further analyzed before sharing with the SBAC.


 
Attachments:
May 27, 2020 Budget Update
14. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

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

Published: May 22, 2020, 8:00 PM

The resubmit was successful.