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. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:xx [15 min before closed session] p.m. will be given priority. Speakers will be randomly selected based on topic and position, with BUSD students generally given priority. Public Testimony is limited to 15 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

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.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Dr. Brent Stephens, Superintendent
FROM: Baje Thiara, Associate Superintendent
DATE: June 10, 2020
SUBJECT: Celebrating Bilingualism & Biliteracy (formerly Reclassification Ceremony)

PURPOSE:
This memo is to update the Board on the students that have been Reclassified (RFEP) or are receiving the State Seal of Biliteracy for the 2019-20 School Year(SY). 

BACKGROUND INFORMATION:
Annually, BUSD recognizes all students districtwide in a Reclassification ceremony, in which students identified as English Language Learners (ELs) have displayed Fluent English Proficiency (RFEP) in accordance with the criteria set forth by Education Code (EC) Section 313 (f) and CDE. Similarly, the State Seal of Biliteracy recipients, marked by a gold seal on the diploma or transcript, recognizes high school graduates who have attained a high level of proficiency in speaking, reading, and writing one or more languages in addition to English. 

Past practices BUSD has traditionally held separate celebrations for these two populations of student scholars. Newly Reclassified (RFEP) students are recognized in a Reclassification Ceremony, typically held in the Spring. Separately, State Seal of Biliteracy recipients are recognized in a graduation ceremony. 

Asset-based approach 

While both ceremonies are celebratory and recognize student achievement, State Seal of Biliteracy recipients are recognized for bilingualism and biliteracy. In contrast, the Reclassification Ceremony honors English proficiency, and implicitly celebrates the achievement of assimilation, rather bilingualism. There has been a long-standing need for a reframing of this ceremony, one that boasts the assets of what students already enter schooling with, rather than their lack of English proficiency. While it is recognized that many of the terms that the Federal and State government lend (ELs, LTELs, LEP, etc), this does not preclude BUSD from utilizing asset-based terminology when discussing support, data, and student achievement.

In the Era of Social Distancing

Due to the restrictions placed on gatherings, it was recommended to seek a way to celebrate our Reclassifying (RFEP) students, in lieu of the Reclassification Ceremony. This was a welcomed opportunity to rethink how BUSD recognizes student achievement, and reframe English proficiency as a merit for recognition and rather, shifts the perspective to celebrate bilingualism. 

NEXT STEPS:

• Bilingualism and Biliteracy Ceremony Moving forward, BUSD should take the approach to recognize both Biliterate graduates and Reclassified students, highlighting the achievements of bilingualism and biliteracy. This would deter the implied messaging to students and families that students should aim for English proficiency as the end goal, rather than maintain bilingualism while strengthening English language skills.  

• Asset-based terminology BUSD continues to use the term English Language Learner (EL). While this is not as dated as Federal terminology Limited English Proficiency (LEP), the implications are the same. Terms such as ELs or LEPs discount the identity of students who are growing up as bilingual or multilingual scholars. The term below should be used, coined by Prof. Ofelia Garcia, et. al (2008) of Columbia University, to acknowledge both the importance of home language and culture, as well as the unique educational needs of our students. 

  • Emergent Bilinguals 

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:       June 10, 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:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          June 10, 2020
SUBJECT:   Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

1. Berkeley Public Schools Fund donated $159.84 to pay music teacher Shannon Houston for giving private music lesson to 2 students at Longfellow School.
2. Berkeley Public Schools Fund donated $1,233.06 to pay for Berkeley Certified Educator Cohort PD, Schools Fund 19-20 Strategic Impact Grant 18-735.18 teachers at 4/30/20 training, 1.5 hr each.

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

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $1392.90 in donations

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens Ed. D., Superintendent
FROM:            Sheila Collier, Transportation Manager
DATE:            June 10, 2020
SUBJECT:     Approval of Request for Proposal Special Education Non-Public School Provider Transportation Service 

PURPOSE
The Mission of the Berkeley Unified School District is to enable and inspire our diverse student body to achieve academic excellence and make positive contributions to our world.

Values and Beliefs of Berkeley Unified School District:

• Students are our priority.
• We take pride in our diversity.
• We hold high expectations for ourselves and our students.
• We treat each other with respect and act with integrity.

Recommendation for approval for Special Education Non-Public School Transportation Services, providing for point-to-point passenger vehicle transportation services to and from schools and non-public programs for special needs students. The period of performance for this contract is three years with two optional one-year renewal periods thereafter.

BACKGROUND INFORMATION
Since 1965 Berkeley has been operating transportation service for Berkeley’s public-school children. Steeped in history and renowned for its attention to safety and environmental concerns, BUSD’s transportation program serves thousands of children every year.

Special needs students are transported each day in Berkeley and cities throughout the Bay Area by non-school bus transportation to a number of non-public school programs that specializes in a student’s learning disability, growth development and capabilities to function after school-age years. For many of our special needs students their school day begins and ends with professionally trained drivers. Whether on their way to school, on a field trip, or on their way home, professional drivers take great pride in transporting their precious cargo.

Berkeley Unified School District has provided to and from school; non-public school transportation for special needs students per approval by the School Board for a significant period of time to ensure safe, reliable and efficient transportation enables all students’ access to instruction. The district has historically contracted non-public school services to independent contractors. The current non-public school transportation agreement is with American Logistics Company which will cease at the end of the 2019-2020 school year.

The recommendation for Request for Proposal (RFP) is to meet the requirements of providing non bus transportation operations; a contractor must be identified and allowed enough time to plan and secure passenger vehicles, property, equipment, and staffing to support the unique regional geographic locations outside of the City of Berkeley, with severely congested city traffic, high volume of special needs students requiring individualized transportation, and various schools and programs characterized with longer routes crossing neighborhood boundaries.

The RFP set high priority on the contractor’s ability to attract and retain qualified drivers and focused on the District’s requirement for on-time performance, student safety, customer service, and technology. Selected contractor shall align with the District’s core values and offer competitive compensation packages that attract and retain a fully staffed team of skilled driver.          

COVID-19

The COVID-19 Public Health Emergency has affected every aspect of the student transportation industry and will continue to affect student transportation service in the upcoming 2020-2021 school year. What remains unclear at this time is the potential to condense or reduce transportation service to Non-Public Schools or Special Education Programs by the approved contractor in 2020-2021 School Year and Extended School Year (ESY).

The RFP will include an amendment clause to allow the District to modify their short, medium and long term needs throughout the duration of the COVID-19 Public Health Emergency, which may include a reduction or condensing of transportation service

The approved contractor will develop and disseminate communications relating to the COVID-19 health crisis and their social distancing protocols to the District, Non-Public Schools and families and will provide infection control materials immediately available to a parent or guardian of a special needs student if requested.

The approved contractor will also provide protocols to the District including screening or health check for their drivers, sanitation procedures with their vehicles and usage of PPE when engaging with special needs students and monitors.  In addition, any measures in place that specifically discuss protocols between a driver and special needs students when dealing with a behavioral problem while transporting will be communicated to the District, as well as any of other information pertinent to COVID-19 Public Health Emergency involving transportation service deemed necessary or requested by the District.

FISCAL IMPACT:
The annual cost of service under the contract for three years is expected not exceed the amount agreed to. The annual cost shall include the services for the Extended School Year. 

STAFF RECOMMENDATION:
Approval of Request for Proposal for Special Education Non-Public School Provider Transportation Service for Berkeley Unified School District special needs students.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Brent Stephens, Ed. D., Superintendent
FROM:    Bajé Thiara, Associate Superintendent, Educational Services 
DATE:          June 10, 2020
SUBJECT:  Approval of Master Contracts Amendment for Nonpublic School for 2019-2020  

BACKGROUND INFORMATION
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.  The increase in the number of students enrolled in this school is the result of mutual agreement between families and the district

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

$434,806 for 4 special education students was approved on 8/21/2019 Board meeting, item 12.22. We are adding two students to current contract, which will bring the new total to $499,806.00

POLICY/CODE:
Education Code 56034,56366           

FISCAL IMPACT:
Not to exceed $65,000.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contracts Amendment for the Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D, Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent Business Services
DATE:            June 10, 2020
SUBJECT:      Authorized Agents and Authorized Signers 

BACKGROUND INFORMATION:
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools.

Staff is submitting Resolution #20-061- Authorized Agents and Authorized signers for Payroll Warrants and Disbursements, and Resolution #20-20-060-Authorized Agents for Official Documents and Reports and Resolution 20-062 Board Members for Fiscal Year 2020-2021 for approval to be submitted to the Alameda County Office of Education as required. As instructed by ACOE if unchanged from prior FY mark box on page 2 sign and submit.

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolutions #20-060, 061, 062, by a unanimous vote as required by the Education Code.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         June 10, 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. R.T. Fisher Educational Enterprises, to provide STEM S.T.E.P.S. Virtual Summer Experience for BUSD’s 5^th-8^th grade students. The cost will not exceed $24,000. To be paid from Title 1 Fund. Requested by Baje Thiara.
2. Edventure More, to provide a virtual summer camp for BUSD’s 1^st-8^th grade students. The cost will not exceed $49,750. To be paid from LCAP Fund. Requested by Baje Thiara.
3. Bay Area Writing Project to provide the Young Writers Camp for middle school long-term English learners for the period from 6/22/20 - 7/16/20. The cost will not exceed $17,500. To be paid from Title III funds. Requested by Aaron Jorgensen.
4. Airteks, to provide HVAC services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
5. American Eagle Enterprises, to provide bleacher maintenance and repair services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $12,000. To be paid from Measure H. Requested by Steve Collins.
6. Anderson Carpet, to provide flooring services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
7. Aramark Uniforms, to provide uniform laundry services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
8. Arbor Pro, to provide tree inventory and software for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
9. Bay Cities Pyrotector, to provide fire systems inspections and services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $75,000. To be paid from Measure H. Requested by Steve Collins.
10. Berkeley Glass Center, to provide window services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
11. Bosco, to provide general contracting services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
12. Calco Fencing, to provide fencing services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
13. City of Berkeley, to provide fire inspection services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
14. DeWalt Services, to provide operable backboard services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
15. Diablo Plumbing, to provide plumbing services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
16. Dinelli Plumbing, to provide plumbing services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
17. Dream Ride Elevator, to provide elevator maintenance and repair services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $75,000. To be paid from Measure H. Requested by Steve Collins.
18. DRT Paving, to provide paving services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $70,000. To be paid from Measure H. Requested by Steve Collins.
19. Fernando D. Caldera (aka Bay Area Tree Care), to provide tree care services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $30,000. To be paid from Measure H. Requested by Steve Collins.
20. Golden Gate Fire Equipment, to provide fire extinguisher services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
21. H.Y. Floor and Gameline Painting, to provide repair and refinish wood floors services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
22. Jet Mulch, to install engineered wood fiber at elementary and preschools services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
23. Johnson Controls, to provide fire alarm services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $50,000. To be paid from Measure H. Requested by Steve Collins.
24. Lloyd F. McKinney, to provide A/V repair and installation services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $10,000. To be paid from Measure H. Requested by Steve Collins.
25. MC Roofing, to provide roofing services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $25,000. To be paid from Measure H. Requested by Steve Collins.
26. One Source, to provide boiler maintenance and repair services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $90,000. To be paid from Measure H. Requested by Steve Collins.
27. Prime Mechanical, to provide HVAC services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
28. Professional Tree Care, to provide tree care services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
29. Progress Advisor, to provide facility inspection software and support services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $11,000. To be paid from Measure H. Requested by Steve Collins.
30. Robertson's Tot Turf, to provide play matting services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
31. Roto Rooter, to provide plumbing services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $40,000. To be paid from Measure H. Requested by Steve Collins.
32. Shoreline Environmental, to provide HAZMAT services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $50,000. To be paid from Measure H. Requested by Steve Collins.
33. Sun Light & Power, to provide solar power services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $20,000. To be paid from Measure H. Requested by Steve Collins.
34. Syserco, to provide HVAC services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $75,000. To be paid from Measure H. Requested by Steve Collins.
35. United California Glass & Door, to provide door and gate maintenance and repair services for the Maintenance Department for the 2020-21 SY. The cost will not exceed $15,000. To be paid from Measure H. Requested by Steve Collins.
36. Ratification of contract with UC Regents, on behalf of Destination College Advising Corps, to provide a program to increase the college-going rate of students through the efforts of dedicated College Adviser Fellow(s). The amount will not exceed $18,000. To be paid from K12 Strongwork Force Grant. Requested by Wyn Skeels.
37. Increase in contract, PO#200530 to Rudy’s Commercial Refrigeration to provide additional repair services to Nutrition Services. The Board originally approved $30,000 on 6/26/19. The additional amount needed is $14,000 for a total amount of $44,000. To be paid from Cafeteria Fund. Requested by Bonnie Christensen. 
38. Increase in contract, PO#201397 to Crown Worldwide Moving to provide moving services for the West Campus Project. The Board originally approved $50,000 on 8/21/19. The additional amount needed is $20,000 for a total amount of $70,000. To be paid from Measure I. Requested by John Calise.
39. Increase in contract, PO#201865 to Terracon Consultants, Inc. to provide air monitoring services for the Berkeley Community Theater Project. The Board originally approved $50,000 on 1/22/20. The additional amount needed is $27,800 for a total amount of 77,800. To be paid from Measure I. Requested by John Calise.
40. Increase in contract, PO#201316 to Ninyo & Moore to provide plan review and inspection services for the Transportation Yard Electric Vehicle Charging Stations project. The Board originally approved $17,900 on 10/2/19. The additional amount needed is $10,850 for a total amount of $28,750. 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:         June 10, 2020
SUBJECT: Approval of a Contract with August-Jaye Construction as a General Contractor for the BHS and BAS Door Hardware Upgrade Project and Approval of Resolution Number 20-063

BACKGROUND:
The Berkeley High School and Berkeley Adult School Project supports keeping our students safe by installing door hardware that can be locked from within the classroom by pushing a button; a key is not needed to lock the classroom door.  This keeps students and staff safe in emergencies.

The Berkeley High School and Berkeley Adult School Project has undergone a competitive bidding process.  The project was publicly advertised two times before the bid opening as required per Public Contract Code 10740.  A mandatory pre-bid site walk occurred on April 22nd where 8 contractors attended.  Prime contractors and subcontractors were solicited to participate.  Prime contractors and mechanical, electrical and plumbing subcontractors were prequalified to bid on this project.  Bids were received on May 13, 2020.  The bid results were as follows: 

Four bids were received. The lowest responsible bidder is August-Jaye Construction.

Accompanying approval of award of contract, and provided by Education Code section 17604, District staff requests an allowance for change order(s) to be used at the District’s sole discretion, up to ten percent (10%) of the original contract price, subject to Board ratification of the change order(s).

RECOMMENDATION:
Approve a contract with August-Jaye Construction as a general contractor for the BHS and BAS Door Hardware Upgrade Project including the above allowance and approve Resolution #20-063..

FISCAL IMPACT: 
Cost of award by this action: $503,800 plus an allowance not to be exceeded of $(50,380) to be paid from Measure I bond funds.  All costs are contained within the project budget.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           June 10, 2020
SUBJECT:    Approval of Van Pelt Construction Services for Multiple BUSD Construction Projects for Services Beginning July 1, 2020

BACKGROUND INFORMATION:
The District has utilized Van Pelt Construction Services since 2011 to provide program, project, and construction management services.  Staff has estimated that overall costs to the program will be 90% of the cost of the program/project management will be in Measure I, 10% will be in the Measure AA budget for the next school year.

Staff recommends fixed-fee contracts as they allow for better budgeting, provide incentives to the firm to manage their expenses better, and simplify our accounting.  We currently have outstanding contracts with Van Pelt Construction Services that were approved in a previous board meeting. The following approval and the fees are being recommended are additions for current projects or new projects:

The industry standard for these services is 8% of the planned construction costs.  Staff analyzed the project management/construction management costs from the inception of the projects through this proposed approval.  Staff has negotiated a total amount less than the industry standard for all projects. The remainder of the projects are in the 5-7% range depending on the size and degree of programming required. 

POLICY/CODE:
Board Policy 3310.

FISCAL IMPACT:
Contract award by this action: 

$345,426 to be paid from Measure I Bond Funds
$ 23,450 from Measure AA Funds

STAFF RECOMMENDATION:

Approve a contract with Van Pelt Construction Services for the projects listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:            Baje Thiara, Associate Superintendent
DATE:            June 10, 2020
SUBJECT:      Resolution to Authorize the Contracts with California Department of Education for the Child Development Programs for 2020-2021

BACKGROUND INFORMATION:
Each year the District enters into a contract with the California State Department of Education (CDE) for funding the Child Development Services for California State Preschool Program (CSPP) and Child Care Services (CCTR). Funding is based on actual student attendance with each full day of student attendance generating revenue of $52.78 per day for our school age students and $53.41 for preschoolers. Partial day rates are pro-rated to the full day rate.

The current contracts for services for each program are $3,263,663 for the California State Preschool Program (CSPP) and $2,012,439 for Child Care Services (CCTR).

In order to enter into the contract, the Board is required to approve the attached resolutions.

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$5,276,102 in potential revenue for the Pre-School Child Development and School Age Child Care Program.

STAFF RECOMMENDATION:
Approve the Resolutions to Authorize the Contracts with the California Department of Education for the 20-21 school year.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Superintendent
FROM:             Natasha Beery, Director of BSEP and Community Relations
DATE:              June 10, 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

DATE: June 10, 2020

SUBJECT: Black Lives Matter Resolution

BACKGROUND INFORMATION: 

Black Lives Matters protests have swept the nation as demonstrators demand justice in response to the killings of George Floyd, Breonna Taylor, Ahmaud Arbery and far too many other Black Americans to list. The Black Lives Matter movement, like the civil rights and Black Power movements before it, has effectively articulated the injustices that exist at the intersections of race, class, and gender; including mass incarceration, police brutality, poverty, unaffordable housing, income disparity, homophobia, gender inequality, poor access to healthcare, and educational outcomes.

This evening, the Board of Education considers action to approve resolution In Support of Black Lives Matter. The resolution includes the following action steps:

• “Black Lives Matter” Banner To Be Displayed in the Board Chambers

• Black Lives Matter At School Week

• Resources for Educators and Families

• Black Joy Campaign

• Resources that Focus on the Well-Being of Black Families

• Renaming Process for Jefferson and Washington

• BUSD’s Ongoing Commitment to Racial Justice

• Proactively Identify Class and Cultural Biases

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Education
FROM:        Brent Stephens, Superintendent
Bajé Thiara, Associate Superintendent for Educational Services
DATE:        June 10, 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: Brent Stephens, Ed. D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: June 10, 2020
SUBJECT: Bond Implementation Schedule 

BACKGROUND INFORMATION :

On March 3, 2020, the citizens of Berkeley approved a $380 million General Obligation Bond.  The bond required 55% of the voters to approve the measure and, this measure passed with overwhelming success at 80.52%.  The Board formally approved a resolution accepting the results of the election on April 22, 2020. This General Obligation Bond is governed by Proposition 39 requirements and requires the appointment of a Citizens’ Bond Oversight Committee to ensure that all Bond funds are spent in strict accordance with the text of the ballot measure.  The purpose of this Board item is to allow the Governing Board to consider the timeline to implement the project schedule and other practical matters associated with this new Bond for the District.

Leading up to the Board’s decision to place the Bond on the ballot in March of 2020, the District facilitated extensive outreach, engagement, and planning sessions to determine the facility needs, project priorities, and consider all projects that would have the greatest effect on our students, staff, and community for generations to come.  During the planning process, projects and project schedules were discussed and factors such as safety, logistics, and cash flow were all considered.  

In November of 2020 when the Board took action to place the General Obligation Bond on the march ballot, the adoption of the project list attached to resolution 20-016 was voted upon and passed unanimously.  Some of the key items within the full text of the bond language that was discussed and approved by the Board are listed below.

While the Board has some legal flexibility concerning a project list, the project list presented to the Board in November of last year represent Board project priorities;

1. Complete the modernization of Berkeley High School Florence Schwimley Little Theater, including seismic upgrade and remove the accessibility barriers to meet Americans with Disabilities Act requirements and modernization;

2. Replace antiquated Heating and Ventilation system in Building C. This project may include ancillary structural and finish upgrades to accommodate the new system;

3. Construct a parking structure on the existing parking lot/tennis courts located on Milvia Street. A parking structure to be multi-level and to accommodate staff parking and will include tennis courts on the roof to support the BUSD tennis program, physical education and community use when not in use by BUSD programs;

4. Construction of new projects and acquisition of needed equipment;

5. Renewal of building systems and replacement and improvement of exterior grounds;

6. Performance of additional necessary and incidental projects;

7. The tax rate would not exceed the maximum rate reached in the last bond.  

While no decision was made by the Board on when any particular project should be scheduled, scheduling was discussed in the Superintendent’s workgroup leading up to the vote, and Staff was directed to create a project schedule for future consideration. In addition, a fairly large portion of the bond size was based on the replacement of building systems (infrastructure).  Whether the systems should be replaced in a group or individually has not yet been determined.  

We propose the following timeline:

June 2020

• Board consideration on the project priority list

• Board approval of the budget and schedule of projects

July/August 2020

• RFQ for multiple consultants, including Construction Managers, Architects, Landscape Architects, and possibly others.  

• Explore possible financing and issuance strategies.

August 2020

• Board Approval or Facilities consultant “pool” to include Construction Managers, Architects, Landscape Architects, and possibly others.  

August/September 2020

• RFQ/RFP (as appropriate) for consultants for initial projects to begin California Environmental Impact Review (CEQA) studies, Architectural services, pre-construction, and construction management services

October 2020

• Board approval of project consultants for initial projects on the project schedule

The attached implementation schedule is a direct result of these considerations and discussions.  

POLICY/CODE

Sections 15100 et seq.; and Section 15266 of the Education Code, and Board direction and decision on project scheduling.

FISCAL IMPACT

Minimal cost to define the schedule.  Depending on Board direction, there may be some costs for legal and financial consulting advice.    

STAFF RECOMMENDATION

Consideration of the project schedule to initiate the newly approved bond.  

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Board of Education

FROM: Brent Stephens, Superintendent

DATE: June 10, 2020

SUBJECT: Update on Fall Planning

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. 

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) were held last week. 

For this agenda item, staff will provide updates to the Board of Education on the following topics: an overview of survey information from staff and families about the Fall, a summary of recent guidance documents concerning school reopening, and an overview of the planning process in June and July.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens ED.d, Superintendent

FROM:      Pauline Follansbee, Assistant Superintendent

DATE:     June 10, 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 $7,600,000 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. With preliminary estimates of additional expenditures resulting from COVID-19, the District’s budget reduction target is estimated at $8.7 million.  

This evening, the Superintendent and Assistant Superintendent for Business Services will provide the Board with an update on potential reductions, as well as strategies for managing the uncertainties of the coming fiscal year. No action items are proposed for this evening’s presentation.

This evening’s presentation follows discussions last week in both the Educator Advisory Committee and Superintendent's Budget Advisory Committee.

To: BUSD Board of Education

From: Brent Stephens

Re: Update on Implementation of Measure Y1

Date: June 10, 2020

Measure Y1 was placed on the November, 2016 ballot by the City Council, and was approved by 70.3% of voters.

Measure Y1 - also known as Vote 16 -  amended the Berkeley City Charter to authorize the City Council to adopt an ordinance granting persons aged 16 and 17 years old, who would otherwise be eligible to vote under state law, to vote for the office of School Director (members of the Berkeley Unified School District Board of Directors).

The Council is not permitted to adopt such an ordinance unless certain conditions are met. 

First, no City funds could be used for any expenses related to the ordinance. 

Second, such voting would have to be technically workable. 

Third, youth voting could not prevent consolidation of municipal elections with county elections. 

Fourth, such voting could not result in any increased election costs to the City. 

Adoption of any ordinance pursuant to the proposed charter amendment would likely be preceded by an agreement between the City, the County Registrar of Voters, and the School District establishing the exact terms and conditions under which affected elections would be held.

This evening, Margaret Prinzing, who has worked on behalf of the district to explore the procedures by which 16 and 17 year olds could cast a vote in the School Board elections, will provide an update to the Board of Education on the status of the implementation of Measure Y1.

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.