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 7:30 p.m. 

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 5:15 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 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.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         July 29, 2020
SUBJECT: Approve Listing of Warrants issued in June 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 June is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,759,070.19 for the month of June 2020 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         July 29, 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. Zoom Video Communications, Inc., to provide District Zoom meetings for the 2020-21-SY.The cost will not exceed $25,400.To be paid from General Fund.Requested by Jay Nitschke.

2. DESMOS to provide 7­ ^th and 8^th grade math workbooks and curriculum access subscription for 2020-21 SY.The cost will not exceed $30,000.To be paid from Instructional Materials Funds.Requested by Bajé Thiara.

3. Mystery Science to provide supplemental online elementary science education for the 2020-21 SY. The cost will not exceed $11,000. To be paid from Instructional Materials Funds. Requested by Bajé Thiara.

4. Pioneer Valley Books to provide supplemental online grade K-1 developmental reading materials education for the 2020-21 SY. The cost will not exceed $16,800. To be paid from Instructional Materials Funds. Requested by Bajé Thiara.

5. Lease agreement to Raffi Properties, to provide lease space for BHS Theater for the period from 7/1/20 – 6/30/21. The cost will not exceed $60,000. To be paid from Measure I Budget. Requested by John Calise.

6. CTS to provide special inspection and testing for the Longfellow Street Crossing Project. The cost will not exceed $14,309.To be paid from Measure I.Requested by John Calise.

7. Mills Teacher Scholoar to provide teacher professional development at Willard Middle School. The cost will not exceed $30,000. To be paid from BSEP Funds. Requested by Debbie Dean.

8. R.I.S.E. Tutors, to provide Tutoring and mentoring for Berkeley High School students and their families for the 2020-21 Sy. The cost will not exceed $20,000. To be paid from BSEP School Discretionary Fund. Requested by Juan Raygoza.

9. Bay Area Community Resources to provide Americorps staff members to support students at Willard and Longfellow Middle Schools for the 2020-21 SY. The cost will not exceed $49,000. To be paid from BSEP Funds. Requested by Debbie Dean.

10. Bay Area Community Resources to provide mental and behavioral health services for Jefferson Elementary for the 2020-21 SY. The cost will not exceed $10,000. To be paid by PTA Donation Funds. Requested by Mary Cazden.

11. Bay Area Community Resources to provide mental and behavioral health services for Oxford Elementary for the 2020-21 SY. The cost will not exceed $12,000. To be paid by PTA Donation Funds. Requested by Beth Rhine.

12. Bay Area Community Resources to provide mental and behavioral health services for Thousand Oaks Elementary for the 2020-21 SY. The cost will not exceed $10,000. To be paid by BSEP Funds. Requested by Jacqueline Parker. 

13. Lifelong Medical Care to provide PE Enrichment and after-school academic support at Rosa Parks Elementary for the 2020-21 SY. The cost will not exceed $72,150. To be paid by PTA Donations and BSEP Discretionary Funds. Requested by Vanessa Flynn.

14. Child Therapy Institute of Marin to provide mental and behavioral health services for Berkeley Arts Magnet for the 2020-21 SY. The cost will not exceed $32,000. To be paid by BSEP Funds. Requested by Rene Molina.

15. Child Therapy Institute of Marin to provide mental and behavioral health services for the Early Childhood Education Program for the 2020-21 SY. The cost will not exceed $32,104. To be paid by BSEP Funds, Title I Funds and Head Start Funding. Requested by Maria Carriedo.

16. Child Therapy Institute of Marin to provide mental and behavioral health services for Washington Elementary for the 2020-21 SY. The cost will not exceed $12,000. To be paid by BSEP Funds and PTA Donation Funds. Requested by Katia Hazen. 

17. Increase in contract to Terracon to provide air sampling and media management for the Berkeley Community Theater Project. The Board orginally approved $77,800 on 6/10/20. The additional amount needed is $10,000 for a total amount of $87,800.To be paid from Measure I.Requested by John Calise.

18. Increase in contract, PO 210127 for Bosco to provide general contracting services for the Maintenance Department for the period 7/1/20-6/30/21.The Board originally approved $25,000 on 6/10/20.The additional amount needed is $55,000, for a total amount of $80,000. To be paid from Measure H.Requested by Steve Collins.

19. Lindamood-Bell Learning Processes, to provide sensory-cognitive instruction services to Special Education for the 2020-21 SY. The cost will not exceed $11,492.02. To be paid from General Fund. Requested by Shawn Mansager.

20. Wilson Language Training to provide Professional Development Services and Training Materials to Special Education for the 2020-21 SY. The cost will not exceed $18,351.65. To be paid by BSEP Funds. Requested by Shawn Mansager.

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:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          July 29, 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. Jefferson PTA donated $58,861.00 to PE/TSA SEL Teacher, ELD - RTI Coach, BACR Counselor.
2. Malcolm X PTA donated $135,217 to program support for the SGC approved MX 20-21 Site plan
3. Strategic Energy Innovations donated $100. to John Muir Principal Discretion Fund.
4. Berkeley Public School Fund donated $50,000. to pay for EDMO/Summer STEM.

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 $ 244,178.00 in donations

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed. D., Superintendent
FROM:          Shawn Mansager, Executive Director of Special Education
DATE:           July 29, 2020
SUBJECT:      Approval of Master Contract for Residential Treatment Centers for 2020-2021 SY

BACKGROUND INFORMATION:
The District contracts with residential nonpublic and private schools, when necessary to provide an appropriate placement, special education, residential treatment and/or related services if no appropriate public education program is available.  For students requiring residential treatment, the cost is for tuition for the educational program and services, room and board, and mental health treatment.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

A Residential Treatment Center (RTC) provides students with a high-quality of care to support student’s mental health needs that require a full continuum of care. A student may require residential treatment when available school and community-based resources have been exhausted and have not successfully addressed the student's needs. From time to time the District seeks placement in a setting that is not certified by the California Department of Education due to the unavailability of an appropriate setting.  There is a history this placement has provided FAPE to previous students from other LEAs.

Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in residential nonpublic schools are deemed enrolled in public schools.

POLICY/CODE:
Education Code 56034, 56366         

FISCAL IMPACT:
Not to exceed $733,749.45 from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contracts for the Residential Treatment Centers listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed. D., Superintendent
FROM:           Shawn Mansager, Executive Director of Special Education
DATE:            July 29, 2020
SUBJECT:     Approval of Master Contract for Residential Treatment Centers for 2020-2021 SY

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). The following nonpublic agencies provide related services as defined in Section 1401 of Title 20 of the U.S. Code and section 300.34 of Title 34 of the Code of Federal Regulations, and California Ed. Code 56363 to enable students with IEPs to benefit from their special education. An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

District nurse to service BUSD students for 2020-2021 SY.

POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $141,645.00 funded from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contract for the Nonpublic Agency listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed. D., Superintendent
FROM:           Shawn Mansager, Executive Director of Special Education
DATE:            July 29, 2020
SUBJECT:      Approval of Master Contract for Residential Treatment Centers for 2020-2021 SY 

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.

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.

POLICY/CODE:
Education Code 56034,56366         

FISCAL IMPACT:
Not to exceed $167,624.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            July 29, 2020 
SUBJECT:      Director, Student Services

BACKGROUND:
Attached is the job description for the classification Director of Student Services. 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the Director of Student Services. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: BUSD Board of Education
FROM: Robin Vegt and Ross Parker, Athletic Directors - Berkeley High School
DATE: July 29, 2020
SUBJECT: 30-day waiver for the Preparticipation Physical Examination for Fall 2020

BACKGROUND INFORMATION:
The Covid-19 pandemic has created considerable uncertainty regarding high school interscholastic competition for the 2020/2021 school year. While we await the California Interscholastic Federation’s (CIF) July 20th statement regarding competition for fall, winter, and spring sports, we must also take steps to mitigate some of the disruption to normal practices and timelines. In addition to our proposal to temporarily alter academic eligibility calculations for fall athletes (agenda item 11.21 June 24, 2020) due to the spring semester pass/no pass grading scheme, it is also important to provide some flexibility to students seeking a “pre-participation physical” in order to participate in athletics. Many doctors suspended non-essential visits during shelter-in-place and, while pre-participation physical exams have resumed, there is a backlog of students up and down the state needing their physicals. The CIF has created a waiver to extend the window for students who have been unable to be seen by a physician. 

Member schools may elect to offer this 30-day waiver with the approval of the governing body of their school district.

PROPOSAL:

Approve BHS to offer the CIF STUDENT PREPARTICIPATION PHYSICAL EXAMINATION WAIVER AND RELEASE OF LIABILITY FORM

The waiver will be converted from its current PDF form (CLICK HERE to view) to our digital ‘paperless’ registration software (FamilyID).

Physical Examination Waiver (CIF Bylaw 503.G.):

This waiver will allow the student athlete to participate in athletics for a maximum of thirty (30) calendar days from their school's first day of practice in that sport. This waiver only applies to CIF sanctioned Fall 2020 sports. Further, a waiver may only be obtained if the high school has a Preparticipation Physical Examination for the 2019-2020 on file for the student athlete or, in the event the high school does not have on file the student's 2019-2020 Preparticipation Physical Examination, the parent/legal guardian may provide a copy of the student athlete's 2019-2020 Preparticipation Physical Examination to the school administration. This waiver also applies to incoming 9thgraders and transfer students. An incoming 9th grader may request a waiver if they are able to provide a copy of a 2019-2020 Preparticipation Physical Examination or Well Child Check. An incoming transfer student may request a waiver if they are able to provide a copy of a 2019-2020 Preparticipation Physical Examination. After termination of the temporary thirty (30) day waiver period, the student athlete must submit a current 2020-2021 Preparticipation Physical Examination in order to continue participating in interscholastic athletics.

In order to be granted a temporary waiver of the Pre-Participation Physical Examination (Bylaw 503.G.), the parent/legal guardian and student MUST complete, sign and submit to their school administration the required 503.G. Waiver and Release of Liability Form.

In addition to the requirements discussed above, a student athlete requesting a temporary waiver must submit to the school administration a student Health Screening Form completed and signed by the student's parent/legal guardian prior to participating in tryouts, practice or interscholastic athletic competition.

RATIONALE:

In order to address the impact that the COVID-19 virus and school closures have had on students, and in recognition that families may experience delays in obtaining appointments for their student for a Preparticipation Physical Examination, governing boards of school districts and private schools may elect to provide a one-time, temporary waiver of Bylaw 503.G. that must be signed by the student athlete’s parent/legal guardian and submitted to the high school administration before the student may tryout, practice or participate in interscholastic athletic competition.

FISCAL IMPACT:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:         August 19, 2020

SUBJECT: Approval of Payroll Warrants Issued in June 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 June 2020.

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$8,286,467.03, for June 2020 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in June 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed. D., Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent, Business Services
DATE:            July 29, 2020
SUBJECT:      45-Day Revised Budget and Budget Reductions

BACKGROUND INFORMATION:

Education Code Section 42127(i)(4) specifies that no later than 45 days after the Governor signs the annual Budget Act, the District shall make available for public review any revisions in revenues and expenditures that it has made to its budget to reflect the funding made available by that Budget Act. 

The Governor signed the 2020-21 State Budget Act on June 29, 2020, which incorporated changes to projected revenues discussed below.  The 45-day period ends August 13, 2020.

In accordance with this Code, nothing is required to be submitted to County Office of Education.  Any necessary budget revisions need only be made available for public review. 

Staff is recommending that the District meet the requirement by posting the attached schedule of significant changes to the District’s website.

BUDGET REVISIONS

1. The deficit factor in the statutory cost-of-living adjustment (COLA) in the May Revision to the Governor’s budget was eliminated in the Enacted Budget.As a result, the funded COLA was 0% which restored $7.1 million in base funding and $.4 million in supplemental funding.

The fiscal impact of the final budget is summarized on the attached Budget Revision Worksheet.

Other revisions to the budget include an increase in Federal Learning Loss Mitigation Funding in the amount of $5.2 million.

POLICY/CODE:
Education Code Sections 42127(a)(2)(A) and 42127(h)

FISCAL IMPACT:
Unrestricted general fund balance will increase by $7.5 million and restricted federal revenue will increase by $5.2 million.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens ED.d, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         July 29, 2020
SUBJECT:   Approval to Rescind Tier 2 Budget Reductions

BACKGROUND INFORMATION:

In response to the Governor’s May Revision to the 2020-21 State Budget, the Board approved $8.6 million in budget reductions to maintain a balanced budget. Budget reductions were presented in two tiers, Tier 1 in the amount of $5.2 million and Tier 2 in the amount of $3.4 million.

Tier 2 reductions consisted of reductions in departmental budgets and staffing, reductions in staffing, staff furloughs and additional one time funding from Fund 20, Special Reserve Fund for Postemployment Benefits. 

The state’s enacted budget provided additional funding for the District’s Unrestricted General Fund in the amount of $7.5 million, $7.1 in base funding and $.4 million in supplemental funding.

As a result, staff is requesting the Board rescind Tier 2 board reductions as a result of additional funding from the state.

FISCAL IMPACT:
The fiscal impact is $3.4 million in additional expenditures

STAFF RECOMMENDATION: 
The Board approves rescission of Tier 2 expenditures in the amount of $3.4 million. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens ED.d, Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         July 29, 2020
SUBJECT:   Approval to Rescind Selective Tier 1 Budget Reductions

BACKGROUND INFORMATION:

In response to the Governor’s May Revision to the 2020-21 State Budget, the Board approved $8.6 million in budget reductions to maintain a balanced budget. Budget reductions were presented in two tiers, Tier 1 in the amount of $5.2 million and Tier 2 in the amount of $3.4 million.

Tier 1 reductions are listed below.

The state’s enacted budget provided additional funding for the District’s Unrestricted General Fund in the amount of $7.5 million, $7.1 in base funding and $.4 million in supplemental funding.

As a result, staff is requesting the Board rescind $2.1 million of budget reductions and implement $3.8 million of budget reductions as detailed below:

Recommendations for Elimination of Tier 1 Budget Reductions

FISCAL IMPACT:
$2.5 million in additional expenditures and $3.8 million in budget reductions.  

STAFF RECOMMENDATION: 
The Board approve rescission of $2.1 million of Tier 1  budget reductions. 

To: BUSD Board of Education

From: Brent Stephens

Date: July 29, 2020

Re: Approval of Fall 2020 Distance Learning Plan

At the Board of Education on July 15, 2020, the Board of Education voted on the Superintendent’s recommendation to begin the 2020-2021 school year with distance learning. This decision had three components: 

1. Elementary and middle schools will stay in distance learning for the first eight weeks of instruction, until October 9th. 

2. High school students will also stay in distance learning, most likely until the December break. The Board of Education will assess the feasibility of transitioning to campus learning sooner, at the quarter break.

3. BUSD will begin a phased, prioritized reopening of key programs as soon as the district can implement required risk reduction practices, and contingent on the amendment of current Shelter-in-Place orders.

On July 17, Governor Gavin Newsom announced new criteria for school reopening in California that are tied to the 14-day trend in COVID-19 cases for each local health jurisdiction. Like the Board decision on July 15, these criteria also require that BUSD begin the school year in Distance Learning.

In this evening’s presentation, BUSD staff will present to the Board plans for distance learning at the beginning of the school year for elementary, middle, and high schools.

These plans include:

• Daily & Weekly Schedules

• Engaging Learning Content

• Live Interaction

• Required Attendance

• Grading & Report Cards

• Consistent Communication with Families

The presentation includes sample student schedules for each level.

The Superintendent will request that the Board vote to approve these distance learning plans, and BUSD will share detailed plans for Fall 2020 Distance Learning on Thursday, July 30.

Additionally, BUSD invites families to join any of the following Town Halls for additional information and opportunities to answer questions. Zoom links for these Town Hall meetings will be available on the BUSD website.