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Regular Meeting
Berkeley USD
August 19, 2020 5:30PM
Zoom Webinar

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:

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. 


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. Conference with Legal Counsel- Existing Litigation (Government Code Section 54956.9
3.1.1. OAH No. 20020050100
3.2. Anticipated Litigation – Regarding costs of services provided to student - One matter. Ed. Code § 54956.9, subd. (e)(2)
3.3. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.3.1. Berkeley Federation of Teachers (BFT)
3.3.2. Berkeley Council of Classified Employees (BCCE)
3.4. Public Employment - Executive Director, Facilities
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of August 19, 2020
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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. 

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:            August 19, 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 08.19.20
Classified Personnel Report 08.19.20
11.2. Approval of New Berkeley High School Latin Textbook
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          Bajé Thiara, Associate Superintendent Educational Services
DATE:           August 19, 2020
SUBJECT:    New Latin Textbook for Adoption-Berkeley High School

BACKGROUND INFORMATION
The following textbook was presented to the Board on June 24, 2020 for consideration and is now being recommended for adoption: 

The following Latin textbook is being recommended for adoption: Cambridge Latin, 5th ed. Unit 1, with accompanying Elevate Access for each unit (Online Support Materials), and Teacher Editions.

Title, Author: 
Cambridge Latin, 5th Ed. Authors: Cambridge School Classics Project.

Description:
Berkeley High School is recommending this textbook to be used for Latin I & II courses, with the option of using it at all levels.   

The Cambridge Latin Course (CLC) is the most versatile, accessible, and appealing textbook series for students of Latin. The Latin stories form an engaging narrative rooted in the ancient Roman experience. The explanations of grammar and cultural topics are accessible and of potential interest to all students.

The Cambridge Latin Course is the textbook used by the most innovative Latin teachers in the US and the UK. This is to say, the textbook is the most complementary to an inclusive, proficiency-based, and student-centered approach.  Because this textbook series relies more on reading comprehension and proficiency than grammatical analysis, it aligns with the current standards more than other Latin textbooks. These standards are put forth by the American Council for the Teaching of Foreign Languages (ACTFL) as well as the American Classical League (ACL).

The Cambridge Latin Course prepares students, over the course of four years, to transition to unadapted classical texts, such as are required reading for the International Baccalaureate and Advanced Placement exams, as well as the information required for success on the National Latin Exam during all four years of study.

The Cambridge Latin Course offers the richest supplementary resources (online and in print).  In addition, because of the popularity of the CLC, many resources have been created and shared by teachers for decades. Beginning and experienced  Latin teachers alike can rely on the CLC and supplements to supply students with a rich experience of Latin during all four years. By contrast, the district’s current textbook (Latin for Americans) is outdated even in the most recent printing of 2003, and offers little in the way of teacher supports and online resources.

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
Class Set of 35 copies, with 6-year online access license, additional 6-year online access licenses to match enrollment, and teacher’s manual for Unit 1:$4262.50

Total Adoption Cost for all four units:

$16,185.00: A class set of 35 hardcover copies each of Units 1-3; a class set of 25 hardcover copies of Unit 4; associated online access for students in Latin 1 - 4 for 6 years; and teacher’s manuals for Units 1 - 4.

Going forward, there might be ongoing costs of approximately _$200_ /year for additional online access licenses for all four units.

STAFF RECOMMENDATION:
Adopt the new textbook for Berkeley High School for the Latin Program.

ACCESS REVIEW MATERIALS ONLINE

Go to:elevate.cambridge.org

login: Latin90_5th_6192

password: boardofed

 
11.3. Approval of New CTE Course: Advanced Robotics Engineering
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Dr. Brent Stephens, Superintendent
FROM:      Baje’ Thiara, Associate Superintendent
                      Wyn Skeels, CTE Program Supervisor
DATE:            August 19, 2020
SUBJECT:    Request for Course Approval –  Advanced Robotics Engineering

Berkeley High School and the Career Technical Education Program are requesting approval of a new course, Advanced Robotics Engineering.  This will be the middle course in a 3-course Robotics sequence and represents the completion of the Engineering and Technology Pathway launched in the 2018 - 2019 school year.  Robotics Build, the capstone class in this pathway was approved 10.19.19.

Background Information

This course follows the Robotics Engineering course and allows students to further develop their understanding of the world of robotics and engineering. Students will build advanced skills while competing in the international VEX Robotics Competition during the fall semester. Within their teams, individual students will specialize in programming, CAD modeling, systems design, and project management. Throughout the course, students are required to keep an Engineering  Notebook and produce online content highlighting their work (website/blog/newsletter). Furthermore, students will present their work to the community by attending robotics competitions, fairs, engineering conferences, and school events. The second semester of this course focuses on solving real-world problems using robotics. Students will work individually or with a partner to design robotic solutions for real-world problems they identify in the community. They will professionalize their mechanical design skills by using the Fusion 360 CAD design program to create digital models and manufactured components with 3-D printers and Desktop CNC milling machines. Additional topics will include workspace safety, teamwork and organization, engineering process, electronics, programming, pneumatics, media, and competition strategy. Prerequisites: Robotics Engineering or Computer Science.

 This course has received UCOP “G” College Preparatory Interdisciplinary Elective credit approval.

STAFF RECOMMENDATION:
Approve new Advanced Robotics Engineering course. 

 
11.4. Ratification of Contract with Emergency Management Group for Districtwide Risk Assessment
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE: August 19, 2020
SUBJECT: Ratification of Contract with Emergency Management Group for Districtwide Risk Assessment

BACKGROUND INFORMATION 
On August 3, 2020, the Superintendent approved the hiring of Emergency Preparedness Group to provide risk consulting to assist the District with its COVID-19 Risk Reduction Strategies.  While working on Risk Reduction Strategies in response to the COVID-19 pandemic, EPG will be performing many different tasks.  These tasks include but are not limited to the following:

• Meeting with each school site and district staff members on COVID 19 guidelines.

• Provide risk management and daily operation options for consideration

• Provide hazard/risk assessments, facility assessments, and guidelines for reopening schools

• Meet with school and municipal government personnel on COVID 19 related items

• Provide classroom configuration options that maximize the health and safety of the students and staff

• Provide sufficient resources to foster safe and clean environments at each district facility

• The assessment will provide District wide continuity of the guidelines established by the Board, public health agencies for the safety of all students, staff, and the community served.

• Provide weekly written updates on best practices and Health Department guidance as new information becomes available. These updates will include a unity of the data that is provided by all governing health agencies and shall be designed for end-users to rapidly receive information

• Provide training videos to staff in the area of COVID-19 protocols and guidelines

RECOMMENDATION:
Ratify a contract with Emergency Management Group for Districtwide risk assessment in the amount not to exceed $38,400. 

FISCAL IMPACT:
Contract award of not to exceed $38,400. to be paid for by the COVID relief funds that are contained within the General fund.


 
11.5. Approve a Contract With Van Pelt to Provide Project Management Services to add Handwashing Stations Districtwide
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed.D., Superintendent
FROM:      John Calise, Executive Director of Facilities
DATE:       August 19, 2020
SUBJECT: Approve a Contract With Van Pelt to Provide Project Management Services to add Handwashing Stations Districtwide

BACKGROUND INFORMATION:
On July 15, 2020, the Board approved a project to add additional handwashing stations throughout the District. The District has utilized Van Pelt Construction Services (VPCS) since 2011 to provide project and construction management services.  

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.  All current project authorizations for VPCS are in the 5-7% range depending on size and degree of programming required. 

POLICY/CODE:
Board Policy 3310.

FISCAL IMPACT:
$300,000 to be paid from Measure G.  All costs are contained within measure G and the project budget.

STAFF RECOMMENDATION:
Approve a contract with Van Pelt Construction Services for the Handwashing Station Project.


 
11.6. Approval of Payroll Warrants Issued in July 2020
Rationale:

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 July 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 July 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$8,693,847.18, for July 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in July 2020.

 
Attachments:
PAYROLL WARRANTS JULY 2020
11.7. Approve Listing of Fiscal Warrants issued in July 2020.
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         August 19, 2020
SUBJECT: Approve Listing of Warrants issued in July 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 July is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,093,394.49 for the month of July 2020 from various funds.  

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

 
Attachments:
FISCAL WARRANTS JULY 2020
11.8. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         August 19, 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. Ratification of contract with Heinemann, to provide virtual online subscription to the District for the 2020-21 SY. The cost will not exceed $43,700.63. To be paid by General Funds. Requested by Baje Thiara.

2. AgentHR Inc. to provide psychologist services to Special Ed Department for the 2020-21 SY. The cost will not exceed $66,880. To be paid from Special Ed 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.


 
11.9. Approval of 2020-2021 Consolidated Application for Funding Categorical Aid Programs and Annual Title III Local Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:          Baje Thiara, Associate Superintendent
DATE:          August 19, 2020
SUBJECT:   Approval of the 2020-2021 Consolidated Application for Funding Categorical Aid Programs and Annual Title III Local Plan

BACKGROUND INFORMATION:
The Consolidated Application (ConApp) for Funding is submitted annually to the California Department of Education to request funding for categorically funded programs. The current application requires the submission of fiscal categorical program funding data, reports on expenditures and activities provided by schools and the district. The ConApp will be submitted two times per year, February and June. Each submission requires a different set of data and reports to be submitted online. Board approval is required for the June submission as there are basic legal assurances for all of the categorical programs to indicate that the school district will comply with the requirements for the following program funds.

Federal funds for special needs students included in the application are:

  • ESSA - Title I, Part A – Improving Basic Programs Operated by Local Educational Agencies (Funds to meet the educational needs of qualified students)
  • ESSA - Title III – Language instruction for Limited English Proficient Students, included in the application are:
  • ESSA - Title II, Part A – Supporting Effective Instruction
  • ESSA – Title IV, Part A – Student Support and Academic Enrichment
  • CARES Act, ESSER – Addressing the impact of COVID-19 on elementary and secondary schools

Please see attached Annual Title III Local Plan.

A complete copy of the Consolidated Application is available upon request.

POLICY/CODE:
Education Code Section 64000-64001

FISCAL IMPACT:
Approximately $1,672,306 in categorical funding

STAFF RECOMMENDATION:
Approve the Consolidated Application for Categorical Aid programs.

 
Attachments:
Annual Title III Local Plan
11.10. Approval of Master Contracts for Residential Treatment Centers for 2020-2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed. D., Superintendent
FROM:          Shawn Mansager, Executive Director of Special Education
DATE:           August 19, 2020
SUBJECT:     Approval of Master Contracts 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.

Residential Treatment Center

# of Students

Estimated Total Cost

Discovery Ranch

1

$195,000.00

Summitview Child&Family Services Inc

1

$317,880.00

North Valley Schools, a division of Victor Treatment Centers, Inc

2

$528,306.50

Mountain Valley Child and Family Services, Inc

1

$205,020.00

Total

5

$1,246,206.50

POLICY/CODE:
Education Code 56034, 56366          

FISCAL IMPACT:
Not to exceed $1,246,206.50 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.

 
11.11. Approval of Master Contract for Nonpublic Agency Services for 2020-2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed.D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education
DATE:          August 19, 2020
SUBJECT:      Approval of Master Contract for Nonpublic Agency Services for the 20120-2021 School Year 

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.

Nonpublic Agency

Services

# of students

Estimated Total Cost

EdTheory, LLC

TWO SPED teacher (1 Mild/Moderate to cover Rose Parks vacancy, 1 Mod/Severe to cover Emerson vacancy)

numerous

$ 225,496.50


One Speech Language Pathologist (covers Emerson and Longfellow)


numerous

$120,712.50

EdTheory Sub-total



$346,209.00

360 Degree Customer Inc

TWO M/S special education teachers at MLK Jr. Middle

numerous

$249,374.00

TOTAL



$595,583.00

POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $595,583.00 funded from the General Fund.

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

 
11.12. Approval of Master Contracts for Nonpublic Schools for 2020-2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Brent Stephens, Ed.D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education
DATE:          August 19, 2020
SUBJECT:      Approval of Master Contracts for Nonpublic Schools for the 2020-2021 School Year

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.

Non Public Schools

# of Students

Estimated Total Cost

Oak Hill School

1

$57,280.00

Seneca family of agencies-NPS

10

$587,213.00

Wellspring Educational Service Inc

1

$129,244.00

Total

12

$773,737.00

POLICY/CODE:
Education Code 56034,56366         

FISCAL IMPACT:
Not to exceed $773,737.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

 
11.13. Approval of Board of Education Meeting Minutes
Attachments:
April 15, 2020
April 22, 2020
12. Discussion Items
12.1. Distance Learning Update - Professional Development for Teachers, Substitute Teachers, and Instructional Assistants
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Brent Stephens, Superintendent
FROM: Baje Thiara, Assoc. Superintendent
PRESENTERS:      Jessica Lee, Library Services Coordinator
Adelita Martinez, PD Coordinator
DATE: August 19,2020
SUBJECT: Before the Bell: Developing  Instructional Staff Capacity for Distance Learning

BACKGROUND:
The  Educational Services Division launched professional development with a focus on preparing  educators for distance learning. Both certificated and classroom instructional staff were given the opportunity to engage in optional paid professional development.  

A two week supplemental PD series was offered to all instructional staff between July 27th- August 8th. This series included over 100 live sessions with over 500 participants. 

This presentation will feature the professional development offerings to staff.  We will highlight the popular sessions and review data from the feedback survey.  Additionally, we will engage in a closer look at sessions that support different student sub-groups. Lastly, we will Identify how we are continuing to provide professional learning  for all staff  to ensure that we are prepared to meet the diverse and changing instructional landscape under distance learning. 

FISCAL IMPACT:
$200,000 approved by BOE on July 29,2002


 
12.2. Overview of the Learning Continuity and Attendance Plan
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Dr. Stephens, Superintendent
FROM:             Bajé Thiara, Associate Superintendent
Michelle Sinclair, Director
PRESENTERS:  Michelle Sinclair, Director of State, Federal, and Special Projects
DATE:              August 19, 2020
SUBJECT:         Overview of changes in accountability due to Covid 19

PURPOSE:
This presentation is to update the Board on several key changes to accountability requirements related to Covid -19 for the 2020-2021 school year.

BACKGROUND:
Senate Bill 98, signed by Governor Newsom at the end of June, includes requirements regarding distance learning and in-person instruction, and  suspends the Local Control and Accountability Plan (LCAP) for the 2020-2021 school year. Other changes include the establishment of a new requirement, The Learning Continuity and Attendance Plan (LCP), whose purpose is to provide a brief overview of how each school district will provide continuity of learning and address the impact of COVID-19 on pupils, staff, and the community. The plan must be adopted by September 30, 2020. 

The California Department of Education (CDE) released the final template for the Learning Continuity and Attendance Plan on August 1st.

Elements of the Learning Continuity and Attendance Plan include:

     A description of the actions the LEA will take to offer classroom-based instruction whenever possible with an emphasis on students who have experienced significant learning loss due to school closures in the 2019–2020 school year, or are at a greater risk of experiencing learning loss due to future school closures.

     A description of how the LEA will monitor and support mental health and social and emotional well-being of pupils and staff during the school year.

     Strategies for connecting with parents in multiple languages of students who are now engaging in distance learning. Under the new state law, this effort must kick in when students fail to participate online for three or more days in a week.

     A description of how the LEA will provide meals for pupils who are eligible for free or reduced-price meals, for pupils participating in both in-person instruction, and distance learning, as applicable.

     A plan for distance learning that will “ensure pupils have access to a full curriculum of substantially similar quality regardless of the method of delivery.” It will include:

    A description of how connectivity and a computing device will be provided to all students, which can include technical assistance to families, although that’s not required in the plan.

   How staff will receive training, resources and technical support.

  Extra academic support for those who have had the most difficulty adjusting to distance learning, including English learners, special education and homeless students.

NEXT STEPS:

The timeline for adopting the new Learning Continuity and Attendance Plan is outlined below:

      August 1, 2020 - CDE released the LCP Template

      August 19, 2020 - Presentation to the Board of Education on changes in 2020-2021 school year with LCAP and the new LCP

      August 27, 2020 - Present LCP to stakeholder groups (PAC, DELAC, EAC) and solicit feedback

      September 2, 2020 - Public Hearing at Board of Education Meeting, solicit feedback

      September 16, 2020 - Proposed adoption of LCP at Board Meeting

      September 30, 2020 - LCP due to the Superintendent of Schools

FISCAL IMPACT
N/A

ATTACHMENTS

LCP Slide Presentation


 
Attachments:
Presentation
12.3. First Reading of New Board Policy: Non-School Employment and Incompatible ActivitiesWas edited within 72 hours of the Meeting
Rationale:

To: BUSD Board of Education


From: Brent Stephens, Superintendent


Date: August 19, 2020


Re: Nonschool Employment and Incompatible Activities


In order to help maintain public trust in the integrity of District operations, the Board of Education expects all employees to give the responsibility of their positions precedence over any other outside employment. This draft policy would define the conditions in which an district employee may not engage in any outside employment, activity or enterprise that is inconsistent, incompatible, in conflict with, or inimical to his/her District duties.

 

This draft policy went before the Board Policy Subcommittee (Appel, Leyva-Cutler) on August 13, 2020. Changes from the original CSBA policy made by the policy subcommittee are noted in yellow highlighter.

 

The policy describes activity that is incompatible with employment in the school district, including activities that:

 

  1. Requires time periods that interfere with the proper, efficient discharge of the employee's duties.
     

  2. Entails compensation from an outside source for activities which are part of the employee's regular duties.
     

  3. Involves using the District's name, prestige, time, facilities, equipment, or supplies for private gain or advantage.
     

  4. Involves service which will be wholly or in part subject to the approval or control of another District employee or Board member.
     

  5. Results in employee’s service to the District being less than satisfactory.

 

The BUSD Board of Education will discuss this policy on August 19, 2020 and plans to approve a final version of the policy on September 2, 2020. Public comment is encouraged.

 


 
Attachments:
Nonschool Employment and Incompatible Employment DRAFT POLICY
13. Action Items
13.1. Board Policies
13.1.1. Resolution to Waive the Need for a Second Reading and Approve Draft Board PoliciesWas edited within 72 hours of the Meeting
Rationale:

To: Berkeley Unified Board of Education

From: Brent Stephens, Superintendent

Re: Resolution to Waive the Need for a Second Reading and Approve Draft Board Policies

Date: August 19, 2020

 

BUSD Board Bylaw 9310,  Board Bylaws, requires that the Board conduct two readings of a policy that it seeks to amend.BB 9310 reads, “The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item.”

The full bylaw is cited below:

The District shall create and revise its policies as follows:

1. The Board, the Policy Subcommittee, or the Superintendent or designee shall regularly identify the need to adopt a new Board Policy or revise an existing Board Policy.

2. Unless the Board directs otherwise, the Policy Subcommittee shall discuss the need to adopt a new Board Policy or revise an existing Board Policy at one or more Policy Subcommittee meetings. The discussion may include, but not be limited to, how the proposed Board Policy or Board Policy change may affect student learning, community expectations, staff recommendations, and/or fiscal impact as well as the Board Policy's impact on governance and operational efficiency.

3. The Policy Subcommittee or Superintendent may request that legal counsel review the draft Board Policy as appropriate.

4. After the Policy Subcommittee approves a new Board Policy or revision to an existing Board Policy, the Superintendent or designee shall present the draft Board Policy for a first reading at a public Board meeting. At this meeting, the Board shall determine whether it wants additional modifications to the draft. If no modifications are requested, then the Superintendent or designee shall place the draft Board Policy on the agenda of the next Board meeting for the second reading and approval. The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item. If the Board determines that it wants minor modifications to the draft, the Superintendent or designee shall make the necessary changes and shall, unless otherwise directed by the Board, place the revised draft Board Policy on the agenda of the next Board for the second reading and approval. If the Board determines that it wants significant modifications to the draft, the Board Policy shall be returned to the Policy Subcommittee for further review consistent with the direction of the Board.

In this evening’s action item, the Board will vote to waive the requirement for a second reading so that it can consider and approve four policies related to COVID-19:

 

12.1.2 BP 1330, Community Relations, Use of School Facilities

12.1.3 BP 3550.1, Business and Non Instructional Operations, Food Service/Child Nutrition Program

12.1.4 BP 5121, Students, Grades/Evaluation Of Student Achievement


 
13.1.2. BP 1330, Community Relations, Use of School FacilitiesWas edited within 72 hours of the Meeting
Rationale:

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: August 19, 2020

Re: BP  1330  Community Relations, Use Of School Facilities

 

The Governing Board recognizes that district facilities are a community resource whose primary purpose is to be used for school programs and activities. Through Board Policy 1330, the Board authorizes the use of school facilities by community groups for purposes provided for in the Civic Center Act when such use does not interfere with school activities.

This evening, the Board will vote to amend BP 1330 to include the following language, added due to the COVID-19 pandemic:

During a period in which orders from a state, county, or city health officer restrict public gatherings or in-person school programs, the District shall restrict the public use of school facilities, including outdoor space, in accordance with such orders.

The policy is otherwise left intact.


 
Attachments:
BP 1330, Use of School Facilities, Proposed Amendment
13.1.3. BP 3550.1, Business and Non Instructional Operations, Food Service/Child Nutrition Program Was edited within 72 hours of the Meeting
Rationale:

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: August 19, 2020

Re: BP  3550.1  Business and Non Instructional Operations, Food Service/Child Nutrition Program 

 

To help ensure the wellness of each student attending Berkeley Unified School District and to provide guidance to school personnel in the areas of nutrition, health, physical activity and food service the Board has passed BP 3550.1, which describes the district’s policies related to food service.

The Board is asked to approve the following amendments to the policy:

 

15. Because of the importance of sustainability to the District, District staff is encouraged to use compostable materials in its meal service.

16. During a period in which orders from a state, county, or city health officer restrict public gatherings, in-person school programs, or otherwise impact the provisions of this policy, district staff may modify meal service to ensure compliance with these health orders.

 
Attachments:
BP 3550, Food Service and Child Nutrition Programs
13.1.4. BP 5121, Students, Grades/Evaluation Of Student AchievementWas edited within 72 hours of the Meeting
Rationale:

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: August 19, 2020

Re: BP  5121  Students, Grades/Evaluation Of Student Achievement 

The Governing Board believes that grades serve a valuable instructional purpose by helping students and parents/guardians identify the student's areas of strength and those areas needing improvement. Parents/guardians and students have the right to receive course grades that represent an accurate evaluation of the student's achievement.

In light of the COVID-19 pandemic, the Board is asked to approve the following amendments to Policy 5121 on grading:

If the district is required to alter the instructional program for students due to an emergency, the Superintendent shall ensure that the district’s uniform grading system continues to comply with state requirements.


 
Attachments:
BP 5121 Grades/Evaluation of Student Achievement
14. Information Items
15. 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.

16. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
17. Adjournment
18. Approve MOU with BFT for Distance Learning
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:     Brent Stephens, Ed. D., Superintendent
FROM:    Samantha Tobias-Espinosa, Assistant Superintendent
DATE:     August 19, 2020
SUBJECT:   Approval of BFT Distance Learning MOU

BACKGROUND INFORMATION:
Approval of the attached BFT MOU that was signed based on the identified impacts of Distance Learning and COVID 19 for the 2020-2021 School Year.

 
Attachments:
BFT Distance Learning MOU 20-21

Published: August 14, 2020, 4:23 PM

The resubmit was successful.