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:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:             September 2, 2020
SUBJECT:      Approval of Human Resources Reports

BACKGROUND INFORMATION:
On a regular basis, staff presents Human Resources Reports listing employment actions for the Board to approve officially. Please refer to attached reports for details.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:      Brent Stephens, Ed. D., Superintendent
FROM:    Samantha Tobias-Espinosa, Assistant Superintendent
DATE:      September 2, 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.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed. D., Superintendent
FROM:       Samantha Tobias-Espinosa, Assistant Superintendent
DATE:          September 2, 2020
SUBJECT:  Approval of Employee Contract

BACKGROUND INFORMATION:
Approval of the attached contract for employment of the Executive Director of Facilities and Operations. 

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens Ed. D., Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            September 2, 2020
SUBJECT:     Approval of Award Contract to HopSkipDrive for Special Education Non-Public School Transportation

 PURPOSE

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

Berkeley Unified School District has provided to and from school; non-public school transportation for special needs students per approval by the School Board. Ensuring that safe, reliable and efficient transportation enables all students’ access to instruction. The district has historically contracted non-public school services to third party vendors.

The awarding of this contract 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 contract sets 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. A driver is often the first and last person in contact with students and parents and the selected contractor would align with the District’s core values and offer competitive compensation packages that attract and retain a fully staffed team of skilled driver.

POLICY/CODE:
Education Code 39800

FISCAL IMPACT::
The annual cost of service under the contract for three years should not exceed $637,200. This cost includes the services for the Extended School Year.

STAFF RECOMMENDATION
Approval of contract to HopSkipDrive as Special Education Non-Public School Provider Transportation Service for Berkeley Unified School District special needs students.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:         Baje Thiara, Associate Superintendent, Educational Services
DATE:          September 2, 2020
SUBJECT:  Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Services (formerly BTSA)

BACKGROUND INFORMATION:
Berkeley Unified School District provides Beginning Teacher Support and Assessment (BTSA)/induction program for new teachers in order for them to receive a “Clear” California teaching credential.

Prior to 2007-2008 each district received state funding for each teacher participating in the induction program.  These funds were sent to a local consortium and allocated out to districts to use to support their teacher induction costs.  After 2007-08 BTSA/induction was considered a Tier III program and the funds remained dedicated to BTSA, but not tied directly to the number of teachers receiving services.

Newark Unified received these funds and continued to allocate funds to the District and other consortium partners, but at a reduced amount. With the adoption of the Local Control Funding Formula, BTSA/induction funding is no longer provided as a line item allocation to sites or consortiums.  Based on this fact, Newark Unified determined it would no longer distribute funds to support the induction program.  BUSD researched several other local options to provide services that would meet our needs and possibly service our teachers better.  It was determined that Contra Costa County Office of Education (CCCOE) would be the best match.

Beginning in 2014-15, CCCOE provided induction services and support for new teachers including special education teachers.  Services from CCCOE will no longer be referred to as BTSA, but rather CCCOE Teacher Induction Program (TIP).

CCCOE charges BUSD $2,250 per participating teacher when BUSD provides the mentor, or $5,250 per participating teacher when CCCOE provides the mentor.

BUSD pays a stipend to the mentor teachers in the amount of $1,600.  Currently staff is projecting 40 new year 1 and year 2 teachers in BUSD who qualify for or require TIP.  If additional teachers are hired that require support, the contract will be amended to include them.

POLICY/CODE:
Education Code Section 44259 – 22579

FISCAL IMPACT:
$279,000 in BERRA funding will be used to support new teachers with the CCCOE Induction Program.

STAFF RECOMMENDATION:
Approve the Memorandum of Understanding with Contra Costa County Office of Education

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            September 2, 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. Washington Elementary PTA donated $61,800 for 2020-21 PE Coach.
2. PG&E donated $250. to Cragmont Elementary, matching fund parent donations for supplies.
3. Berkeley Public Schools Fund donated $1,216. to pay for 4 teachers to attend African American Department retreat.
4. Oxford PTA donated $38,716. for Art contract, Counseling/BACR, Supplies, Noon Supervisor.
5. Berkeley Public Schools Fund donated $140,003. The purpose of the donation is to transfer CTE personnel, at the request of Wyn Skeels.
   1. Dirk Wright (.2 FTE)
   2. Klea Bajala (.2) FTE)
   3. Jimmy Tran (.2 FTE)
   4. Debbie Lenz (.4 FTE)
   5. Valerie Iosso (Classified)
6. Whole Kids Foundation donated $2,500. for Cooking & Gardening program.
7. John Muir Elementary PTA donated $33,788.22 to physical education for Kindergarten, 4^th and 5^th grades at John Muir Elementary.

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 $ 278,273.22 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         September 2, 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.Increase in contract to Renaissance Learning to provide Accelerated Reader online subscription for Longfellow and Martin Luther King Jr. Middle Schools for the 2020-21 SY. The Board originally approved $74,000 on 7/15/20.The additional amount needed is $12,200 for a total amount of $86,200. To be paid from General Fund.Requested by Michelle Sinclair.

2.Cash Leasing & Copier Sales, to provide lease of 3 copiers for Berkeley Adult School for the period from 8/1/20 – 6/30/21. The cost will not exceed $27,010. To be paid from Adult Education Fund. Requested by Thomas Reid.

3.UC Regents Principal Leadership Institute to provide coaching services to various staff members for 2020-21 SY. The cost will not exceed $30,000. To be paid from General Fund, Title II A and Afterschool Parent Funds. Requested by Baje Thiara.

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:        Bajé Thiara, Associate Superintendent
Shawn Mansager, Executive Director of Special Education
DATE:         September 2, 2020
SUBJECT:    Approval of Master Contract for Nonpublic Agency Services for 2020-21 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.

The Special Education Executive Director, Program Manager and Supervisors interviewed multiple potential internal candidates to the extent possible. In addition, an in depth analysis was done of the schedules for each of the FTEs to ensure maximum services are being provided to all students.  There was also a schedule analysis of our internal Behavior Intervention Specialists (BIS) to ensure they are serving students to the maximum extent possible.  No students will receive services from internal BISs and RBTs simultaneously. Our internal BIS (11) are supporting their own caseload of students.

Speech Pathology Group (SPG) will assign a Board Certified Behavior Analyst (BCBA) Clinical Supervisor to serve as a single point person for BUSD to coordinate services, problem-solve and address priorities, as directed by district administrators.  

SPG will also provide the following services:

• SPG will reassign Registered Behavior Technicians (RBTs), based on BUSD’s priorities
• RBTs will serve a 6.5 work day (30 minute lunch) and some have been assigned two students while others one depending on student need.
• RBT work during distance learning will be a combination of push-in support in general education classes, zoom breakout rooms with behavioral and academic support, parent consult, small group support, behavioral coaching, lesson adaptation, and 1:1 check ins. Unfilled blocks in the morning will likely be used for prep/review of upcoming assignments in Google Classrooms, consult with case managers as needed about accommodations to assignments, communication/problem solving with BCBA, etc.
• SPG will provide consistent sub coverage for RBT
• SPG behaviorists will focus solely on school-based services and therefore, understand the collaborative nature of working with IEP teams, administrators, and site-based staffed
• SPG behavior teams will have Counseling Enriched Classroom (CEC) experience and will support the Rosa Parks Elementary School (CEC)
• BCBAs will create and implement fade plans to foster student autonomy
• RBTs will far exceed the minimum qualifications required by the Behavior Analyst Certification Board. They will participate in monthly continuing education tailored to meet the needs of the district
• SPG will focus on data. RBTs will record daily data on tablets assigned by SPG. Data will be reviewed weekly by BCBAs and progress reports will be generated three times per year, or at any time upon request. District-wide outcome data will also be provided

23 RBTs will be provided:

• One-to-one support using ABA principles for high needs/high profile cases 
• Whole classroom support/modeling within Counseling Enriched Classrooms
• Detailed data collection for each one-to-one case, using tablets issued by SPG
• Dedicated RBTs to provide sub coverage and staffing for immediate needs

BCBA Clinical Supervisor will: 

• Oversee all SPG behavior services within the district and serve as a point person for BUSD staff. 
• Ensure that all staff assigned to BUSD are oriented to district-specific policies and procedures
• Review data for all cases for quality assurance and in preparation to report case-specific and district-wide outcomes
• Attend BUSD behavior staff meetings, taking notes to ensure that all SPG staff receive this information
• Field district requests for RBT staffing or reassignments
• Immediately address any concern brought by BUSD administration or staff
• Deliver materials, including tablets, reinforces or training supplies
• Assist with documentation preparation and data review for challenging cases
• This dedicated BCBA Clinical Supervisor will also supervise RBTs working within the district and will therefore be familiar with sites and staff

1-2 BCBA Clinical Supervisors will provide:

• Weekly direct supervision for each RBT providing one-to-one support
• Support to teachers and site staff to problem-solve and ensure effective implementation of behavior plans
• Summaries and outcome data for one-to-one cases three times per year (to align with progress reports), or as often as requested
• Clear and responsive communication with district administrators and site staff to coordinate effective service delivery 

SPG will provide Speech Language Pathologist (SLPs) to serve BUSD speech services.  SLPs will work with BUSD students to prevent, assess, diagnose and treat speech, language, social communication, and cognitive-communication. Services will include but will be not limited to assessments, services, progress monitoring, and input and collaboration with the student’s IEP team as it relates to students’ speech needs. We have had difficulties hiring SLPS internally due to lower pay than some other Districts hence using SPG to provide services.

SPG will provide BUSD with a 1.0 school psychologist. This school psychologist will complete assessments and will provide ongoing support and guidance as it relates to serving students with IEPs. School psychologists will apply their advanced training in human development, behavior, and mental health to help students excel in the school environment. There is the potential to use this school psychologist for in person testing if needed.

SPG will provide BUSD with Occupational Therapist and Physical Therapists which was provided by Bright Path (merged with SPG last year). They will provide ongoing OT and PT services to students with IEPs. 

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
Not to exceed $ 3,973,067.00 from the Special Education Budget which may require an additional contribution 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:          September 2, 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.

Board approved $249,374 on 8/19/20 meeting, item#11.11. We are adding one teacher with cost $124,687 to the contract, which will bring the new total to $374,061.00. 

POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $124,687.00 funded from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contracts 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:          September 2, 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.

POLICY/CODE

Education Code 56034,56366

FISCAL IMPACT

Not to exceed $775,937.08 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: September 2, 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 policy, to be voted on this evening by the Board of Education, 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; and was discussed by the Board during its regular meeting on August 19, 2020. Amendments from each of these public meetings are included in this evening’s version of the policy.

A special “insert” is included in the policy (in the section related to tutoring) to assist members of the public to understand amendments to the policy in each previous meeting of the Board. This insert is not part of the policy, and will be removed at the point that the policy is approved by the Board of Education.

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.

Public comment is encouraged.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: September 2, 2020

Re: Update on School Reopening

Most California counties continue to be identified by the state of California for a COVID-19 "watch list", and school facilities in these counties remain closed. 

In this update, the Superintendent and staff will update the Board of Education on recent revisions to federal, state, and local health guidance for schools; and will describe the implications of these revisions for reopening BUSD schools.

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:              September 2, 2020
SUBJECT:         Presentation of Draft Learning Continuity and Attendance Plan (LCP)

PURPOSE:
To present the draft Learning Continuity and Attendance Plan, outlining how student learning continuity will be addressed during the COVID-19 pandemic in the 2020–21 school year.

BACKGROUND:
The Learning Continuity Plan memorializes the planning process implemented for the 2020–21 school year and includes descriptions of the following: addressing gaps in learning; conducting meaningful stakeholder engagement; maintaining transparency; addressing the needs of unduplicated pupils, students with unique needs, and students experiencing homelessness; providing access to necessary devices and connectivity for distance learning; providing resources and supports to address student and staff mental health and social emotional well-being; and continuing to provide school meals for students.

Components of the plan include:

      General Information

      Stakeholder Engagement

      In-person instructional offerings

      Distance Learning Program

      Pupil Learning Loss

      Additional Actions to Implement the Learning Continuity Plan:

      Mental Health and Social and Emotional Well-Being

      Pupil Engagement and Outreach

      School Nutrition

NEXT STEPS:

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

      September 1st - 15th: Collect and respond to questions and comments from stakeholders

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

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

      October 30, 2020 (or sooner) - Alameda County Office of Education (ACOE) reviews LCP and may provide written recommendations w/in 30 days

      November 30, 2020 (or sooner) - Recommendations reviewed by governing body w/in 15 days

FISCAL IMPACT:
N/A

ATTACHMENTS
LCP Slide Presentation 9-2-20

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.