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Regular Meeting
Berkeley USD
October 07, 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
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 54956.9(a))
3.1.1. Case No. DSC1503595
3.1.2. OAH Case No. 2020050138
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)
3.3.3. Union of Berkeley Administrators (UBA)
3.4. Public Employment - Government Code Section 54957)
3.4.1. Superintendent Evaluation
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of October 7, 2020
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:

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:              October 7, 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 10.07.20
Classified Personnel Report 10.07.20
11.2. Approval of Job Description: Career Advisor
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            October 7, 2020 
SUBJECT:      Career Advisor

BACKGROUND:
Attached is the job description for the classification Career Advisor.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of Career Advisor. 





 
Attachments:
Job Description- Career Advisor
11.3. Approval of Rolling Teachers From Probationary to Permanent StatusWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       October 7, 2020
SUBJECT:     Rolling of Certtificated Employees from Probationary to Permanent Status

BACKGROUND INFORMATION:
Given the California Ed Code and the responsibility to properly classify the teachers in the Berkeley Unified, District staff is recommending the following changes, which honor the years of service these teachers have provided to the students of BUSD. Eighteen teachers will remain on temporary contracts due to covering approved leaves and short-term funding. 

 
Attachments:
Employee Status Report September 2020
11.4. Approval of MOUs between BUSD and Universities
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       October 7, 2020
SUBJECT:      Approval of MOUs between BUSD and Universities 

BACKGROUND INFORMATION:
BUSD has entered into agreements with the following universities to provide the university students with internships and/or student teaching so they may gain practical teaching, administrator, nursing, or counseling experience in an education setting.

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education ratify the memorandums of understanding (MOU) between the District and the following universities:

  • San Francisco State University
  • Smith College
  • The Wright Institute
 
Attachments:
San Francisco State MOU for Interns
San Francisco State MOU for Student Teachers
Smith College Clinical Affiliation Agreement 2020
The Wright Institute MOU Sept 2020
11.5. Approval of Contracts/Purchase Orders for Services Contracts Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         October 7, 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. Niroga to provide DMindfulness training and support to King, Longfellow, Willard, BTA, BIS and four departments at BHS. The cost will not exceed $95,000. To be paid from City of Berkeley Grant. Requested by Michelle Sinclair.

2. Alameda County Office of Education (ACOE) and Berkeley Unified School District (BUSD) will partner to implement the K12 SWP Fly Consortium 2 Grant. The cost will not exceed $54,054. To be paid from K12 SWP Fly Consortium 2 Grant. Requested by Heidi Weber.

3. Ryland School Consulting, to provide general financial planning and business services consulting. The cost will not exceed $20,000. To be paid from General Fund. Requested by Pauline Follansbee.

4. Flowater to provide bottle refill stations for John Muir, Cragmont, and Washington. The cost will not exceed $20,000. To be paid from Measure I. Requested by John Calise.

5. Ratification of contract with Ascendancy Solutions to provide the development of CCEIS and SEP Plans for the Special Department for the 2020–21SY. The cost will not exceed $25,000. To be paid from General Fund. Requested by Shawn Mansager.

6. Ratification of contract with Quality Bidders, a Division of Colbi Technologies, to provide prequalification services for the Measure I bond program for the Facilities Department for 2020- 21SY. The cost will not exceed $35,000. To be paid from Measure I. Requested by John Calise.

7. Ratification of contract with Van Pelt Construction Services, to provide program and project management services for the design portion for the Handwashing Stations Project for the Facilities Department for the 2020-21SY. The cost will not exceed $18,000. To be paid from Measure I. Requested by John Calise.

8. Increase in contract, PO#210493 to Baker Vilar Architects to provide architectural services for the Transportation Project. The Board originally approved $40,000 on 6/29/20. The additional amount needed is $6,218 for a total amount of $46,218. To be paid from Measure AA. Requested by John Calise.

9. Follett School Solutions, Inc. to provide Follet Hosted Services for the Library Department for the 2020-21 SY. The cost will not exceed $19,144.48 To be paid from BSEP Fund. Requested by Jessica Lee.     

10.  Ratification of contract with Keenan Safe Schools Online Training, to provide an online training platform for the District for the period from 10/8/20 - 6/30/21. The cost will not exceed $30,000. To be paid from Covid Funds. Requested by Pauline Follansbee.

POLICY/CODE:
Public Contract Code: 20111
Board Policy 3310 

STAFF RECOMMENDATION: 
Approve the contracts with Consultants or Independent Contractors as submitted.


 
11.6. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            October 7, 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 $15,000 for the purpose to pay summer PD for the Universal 9th Grad Teachers.
  2. Sylvia Mendez PTA donated $101,062 toward FY 2020-21 Teacher’s Salaries and Benefits
  3. The Benevity Community Impact Fund donated $3,684.96 to Cragmont Elementary Principal’s Discretionary fund.
  4. Berkeley Public Schools Fund donated $14,636.64 for the purpose to pay for “Strategic & Methods to Improve Math Learning: Year 2”, School Fund 19-20 Strategic Impact Grant I-777.
  5. Rosa Parks PTA donated $79,684 to Rosa Parks for SSC Grant 1.
  6. Berkeley Public Schools Fund donated 350.15 to pay for OFEE staff person Laura Rivas to provide translation & interpretation services ata Parent Support Seminar.
  7. Emerson PTA donated $2,500. For Taylor Totten volunteer Coordinator.

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 $ 216,917.75 in donations.

 


 
11.7. Approval to Award Piggyback Contract with Campbell Keller to Purchase Furniture for the Facilities Division and Cafeteria Furniture for John Muir and Cragmont
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE: October 7, 2020
SUBJECT: Approval to award Piggyback Contract with Campbell Keller to Purchase Furniture for the Facilities Division and Cafeteria Furniture for John Muir and Cragmont

BACKGROUND INFORMATION:
On April 30, 2020, the Board approved the most recent Measure I Reallocation Plan.  The plan included a budget line of $490,000 to replace furniture.   Staff is requesting approval to utilize Campbell Keller for furniture purchases related to Facilities and furnishing for the office staff related to the kitchens project. The costs for Facilities will not exceed $50,000 and will be deducted from the Furniture Fixtures and Equipment line.  The purchases for the Kitchen will not exceed $10,000 and are contained within the budget for the Kitchens project.

Staff recommends the use of an existing “piggyback” contract awarded to Campbell Keller after a public bid under project bid 19017 with Los Rios Community College District on August 14, 2019, for the classroom and office furniture. Public Contract Code 20118 allows other districts throughout the state to award contracts based upon these bid prices for five years. 

POLICY/CODE:
Public Contract Code 20118 and 20652

FISCAL IMPACT:
Award by this action:
Furniture, Fixtures, Equipment in the amount of $50,000, and $10,000 from the Kitchen project line.

STAFF RECOMMENDATION:
Approve the purchase of furniture from Campbell Keller in the total amount of $60,000. 


 
11.8. Approval of Contract Modification #3 with A3GEO for Geotechnical Services for the Berkeley High School Building A Theater Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    October 7, 2020        
SUBJECT: Approval of Contract Modification #3 with A3GEO for geotechnical services for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION:
The Board approved a contract with A3GEO on September 26, 2018 to provide geotechnical services for the Berkeley High School Building A Theater Project.  Geotechnical engineers examine the structural integrity of the soil to inform the structural design of the building. 

Modification #1 was for equivalent-linear site response analysis.

Modification #2 was for the design of soil springs.

Modification #3 is to provide construction phased services including submittal/request for information review and comments; geotechnical testing and observation; meetings, reporting, senior oversight, and project management; plus, groundwater flow rate for subdrainage as required by the structural engineer for Division of the State Architect approval.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:
Contract award by this action: $102,815 to be paid from Measure I Bond Funds for a total contract amount of $195,295.

RECOMMENDATION:
Approve Contract Modification #3 with A3GEO for geotechnical services for the Berkeley High School Building A Theater Project.



 
11.9. Approve Resolution 21-001 in Support of Proposition 15: California Schools and Local Communities Funding Act of 2020 Was edited within 72 hours of the Meeting
Rationale:

To: BUSD School Board

From: Brent Stephens, Superintendent

Date: October 7, 2020

Re: Resolution 21-001  in Support of Proposition 15:  California Schools and Local Communities Funding Act of 2020


With this vote, the Berkeley Unified School District School Board endorses Prop 15: California Schools and Local Communities Funding Act of 2020, which is estimated to  generate $12 billion in property tax revenue every year to ensure that our schools and communities have the resources to educate all of our kids and the services to support all of our families.


 
Attachments:
Resolution 21-001 Prop 15
11.10. Approval of Alameda County Office of Education Memorandum of Understanding for K12 SWP Fly Consortium to Grant Implementation at Berkeley Technology Academy
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Baje Thiara, Associate Superintendent, Educational Services
DATE:         October 7, 2020
SUBJECT:  Alameda County Office of Education Memorandum of Understanding for K12 SWP Fly Consortium 2 Grant Implementation @ Berkeley Technology Academy

BACKGROUND INFORMATION:
Alameda County Office of Education (ACOE) received the K12 SWP Fly Consortium 2 Grant in the amount of $54,054.00.

In accordance with an MOU signed by BUSD on September 22, 2020, ACOE will provide financial oversight and distribute funds to BUSD on a quarterly basis.  The funds are being used to support a new position, CTE Career Advisor, at Berkeley Technology Academy.  The primary role of the Career Advisory position is to be a crucial link between the student population and internship/job opportunities in Berkeley and the greater Bay Area.  Expand opportunities for students to explore their CTE pathway fields through Work Based Learning experiences and plans for post secondary options including career and community college programs   Requested by Heidi Weber, Principal, Berkeley Technology Academy.

RECOMMENDATION:
Approve the Memorandum of Understanding from Alameda County Office of Education.

FISCAL IMPACT:
Payment of $54,054 will be paid by Alameda County Office of Education to BUSD from the K12 SWP Fly Consortium 2 Grant.

 
Attachments:
ACOE K12 SWP Fly Consortium 2 Grant MOU
11.11. Approve Recommendation for Expenditure of BSEP Measure A Carryover Funds for Family Engagement and Equity in 2020-21Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:        Bajé Thiara, Associate Superintendent for Educational Services
DATE:        October 7, 2020
SUBJECT: Recommendation for Expenditure of BSEP Measure A Carryover Funds for Family Engagement and Equity in 2020-21

Funds remaining from BSEP Measure A of 2006 are available for expenditure “on all authorized purposes until exhausted.”[1]  Following are the recommendations for expenditures of Measure A funds for the authorized purpose of Parent Outreach.

The BSEP Planning and Oversight (P&O) Committee reviews and approves plans for expenditure of BSEP Measure funds. The plans for funds allocated from Measure A Carryover for Parent Outreach in 2020-21 were reviewed and approved at regularly scheduled P&O meetings on June 2 and June 16.

Measure A Funds for Parent Engagement

The Office of Family Engagement and Equity (OFEE) was developed to create a welcoming and equitable school environment. The funding for the OFEE staffing, which had previously been supported through a combination of LCAP funds, BSEP Measure E1 and BSEP Measure A carryover funds, has shifted so the support for staffing is carried by LCAP, and the program has strengthened its focus on the “unduplicated” students (low income, English Language Learner and foster youth).  The funds remaining in Measure A will be dedicated to supporting the program needs for non-staffing costs. There are sufficient carryover funds to provide support at this level for one more year.

Budget Summary for Family Engagement in 2020-21

BSEP Measure A, Resource 0857  


[1] BSEP Measure A of 2006, 4.B.

 
11.12. Adoption of North Region SELPA Policy Manual and Related ProceduresWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                            Dr. Stephens, Superintendent
FROM:                 Bajé Thiara, Associate Superintendent
Shawn Mansager, Executive Director of Special Education
PRESENTERS:   Katy Babcock,  North Region Selpa Director
Shawn Mansager, Executive Director of  Special Education 
DATE:           October 7th, 2020
SUBJECT:  Overview of the SELPA  Policy Manual and Procedure Manual

BACKGROUND:
As a preview for the Board of Education, we plan to bring the SELPA  Policy Manual and Procedural Manual for adoption on October 7, 2020. AB 1808 (signed 6/27/18) required all SELPAs to amend their Local Plans to a common state template to increase transparency, accountability, and accessibility. Previously, each SELPA created its own plan template. The SELPA governing board  approved the SELPA Local Plan Amendment,  Policy Manual and Procedural Manual. The SELPA Community Advisory Committee signed off on the review.  We are now asking the school board to adopt the SELPA Policy Manual and Procedural Manual. This adoption was not triggered by the current Covid 19 Pandemic.

Recent legislative changes may translate into new SELPA policies, but only after the legislative language is stable (i.e., trailer bills have been signed) and five districts agree. SELPA-wide procedures may change when best practices are established and five districts agree.

STAFF RECOMMENDATION:
Request the Berkeley Unified School District Board of Education take action to adopt the SELPA Policies Manual and Procedures

 

 
11.13. Approval of SELPA Local PlanWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Dr. Stephens, Superintendent
FROM:               Bajé Thiara, Associate Superintendent
Shawn Mansager, Executive Director of Special Education
PRESENTERS:   Katy Babcock,  North Region Selpa Director
Shawn Mansager, Executive Director of Special Education
DATE:                October 7, 2020
SUBJECT:          Presentation of revised SELPA Local Plan

BACKGROUND:
The purpose of the Local Plan is to:

1) assure access to special education and related services for all individuals with exceptional needs residing within the geographic areas served by the plan; and

2) to assure compliance with all federal and state codes and statutes

AB 1808 (signed 6/27/18) required all SELPAs to amend their Local Plans to a common state template to increase: Transparency, Accountability and Accessibility. Beginning July 1, 2020, a SELPA must review its Local Plan at least once every three years, and update the plan as needed to ensure information contained in the Governance and Administration section remains relevant and accurate. (California Education Code [EC] Section 56195.9)

What are major differences between the old SELPA Local Plan and revised Local Plan?

The largest difference between the old Local Plan requirements and the new template is the uniformity of the template.  The template now requires the same information to be provided in the same sequence by every SELPA in the state.  There are more components required that have detailed prompts that result in more detailed plan content.  The new template requires documentation of particular policies and procedures. The CDE did not add any new requirements in response to COVID-19

One of the requirements of the CDE for the SELPA Local Plan approval process requires an adoption by each participating LEA governing board.

STAFF RECOMMENDATION:
Request the Berkeley Unified School District Board of Education take action to adopt the Special  Education Local Plan Amendment

 

 
Attachments:
Presentation
11.14. Approval of MOU for Adult Transition program for 20120-2021 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education
DATE:          October 7, 2020
SUBJECT:      Approval of MOU for Adult Transition program for 20120-2021 School Year

BACKGROUND INFORMATION

The District contracts with organization, to provide Adult Transition program with transportation to Special Education students with Individualized Education Programs (IEP). Ala Costa has agreed to not charge for transportation until we are back for in person services. 

Contractor

# of Students

Estimated Total Cost

Ala Costa Center for the Developmentally Disabled

25

$508,200.00

TOTAL

25


$508,200.00


POLICY/CODE:
Education Code 56363

FISCAL IMPACT:
Not to exceed $508,200.00 from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the MOU listed above.


 
11.15. Approval of Contract Amendment 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:          October 7, 2020
SUBJECT:      Approval of Contract Amendment 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

Aya health Inc

One District Nurse

numerous

$133,665.00

TOTAL



$133,665.00


Additional District nurse is needed to service BUSD students for 2020-2021 SY due to COVID-19 health and risk mitigation needs. Board approved $144,645.00 on 7/29/2020, item 11.5 for one district nurse, we are adding another district nurse to the contract which will bring the new total to $275,310.00.

POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $133,665.00 funded from the General Fund-COVID fund.

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

 
11.16. Approval of Contract Amendment 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:          October 7, 2020
SUBJECT:      Approval of Contract Amendment 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

Analytical Behavior Consultants(ABC)

1:1 intensive individual service and BCBA supervision

One

$44,100.00

TOTAL



$44,100.00


POLICY/CODE:
Education Code 56363         

FISCAL IMPACT:
Not to exceed $44,100.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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

 
11.17. 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:          October 7, 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. Star Academy and Spectrum center has agreed to not charge for transportation until we are back for in person services. 

Non Public Schools

# of Students

Estimated Total Cost

Star Academy

1

$128,777.00

Spectrum center Inc

9

$748,500.00

Total

10

$877,277.00

POLICY/CODE:
Education Code 56034,56366         

FISCAL IMPACT:
Not to exceed $877.277.00 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.

 
11.18. Approval of Master Contract for Residential Treatment Center for 2020-2021
Rationale:

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 Center 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

Change Academy at Lake of the Ozarks LLC(CALO)

1

$173,824.00

Total

1

$173,824.00

POLICY/CODE:
Education Code 56034, 56366         

FISCAL IMPACT:
Not to exceed $173,824.00 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 Center listed above

 
11.19. Approval of Board of Education Meeting Minutes
Attachments:
July 1, 2020 (special)
12. Discussion Items
12.1. Report on Proposal for Spending Learning Loss Mitigation Funding/COVID Equity FundWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Stephens, Superintendent
FROM: Bajé Thiara, Associate Superintendent
PRESENTERS: Bajé Thiara, Associate Superintendent
Pauline Follansbee, Assistant Superintendent, Fiscal Services
Michelle Sinclair, Director of State, Federal, & Special Projects
DATE: October 7, 2020
SUBJECT: COVID-19 Response Funding 

PURPOSE:
To give an overview of funding received for Covid-19 Response, including Coronavirus Aid, Relief, and Economic Security (CARES) Act, and Senate Bill 117, which provide funding to School Districts to address the impact of COVID-19 on elementary and secondary schools. 

BACKGROUND:
In response to the Novel Coronavirus Disease 2019 (COVID-19) the U.S. Congress passed the CARES Act, which was signed into law on Friday, March 27, 2020. This relief package provided states with both funding and streamlined waivers to give State educational agencies (SEAs) necessary flexibilities to respond to the COVID-19 pandemic. The relief package includes $30.75 billion in emergency education funding. This funding will provide local educational agencies (LEAs) with emergency relief funds to address the impact COVID-19 has had, and continues to have, on elementary and secondary schools across the nation. In addition, we received funding from Senate Bill 117, also for the purpose of responding to the Covid-19 pandemic.

CARES ACT funding includes both the Elementary and Secondary School Emergency Relief (ESSER) Fund, and Learning Loss Mitigation Funding (LLMF). State awards for the ESSER Fund are in the same proportion as each state received under Title I, Part A. The Learning Loss Mitigation Funding (LLMF), authorized by the 2020–21 budget package, appropriates over 5 billion from three different funding sources to be allocated to local educational agencies (LEAs) in order to support pupil academic achievement and mitigate learning loss related to COVID-19 school closures. The three different funding sources are Governor's Emergency Education Relief (GEER) funds, Coronavirus Relief (CR) Fund, and funds from the state General Fund (GF).

NEXT STEPS:

  • October  21, 2020 - Proposed adoption of CARES Act Expenditures

FISCAL IMPACT:
Increase in Federal and State funding in the amount of $6,076,756  for Cares Act Funding and SB 117


 
Attachments:
Presentation
13. Action Items
13.1. Approval of Phased Plan for Return to In-Person LearningWas edited within 72 hours of the Meeting
Rationale:

To: BUSD School Board

From: Brent Stephens, Superintendent

Date: October 7, 2020

Re: Approval of Phased Plan for Returning to In-Person Learning


The Alameda County Office of Education and Alameda County Department of Public Health, as well as the City of Berkeley, recently announced that elementary schools may open on or after October 13, pending review of reopening plans by ACOE and CoB, and site visits by CoB. 

The decision and timing of when to open rests with each school and school district, and schools are not required to open if not ready.

In this presentation to the Board of Education, the Superintendent will propose for approval a plan for the phased reopening of BUSD elementary schools. The presentation will also introduce the BUSD "Reopening Readiness Dashboard", intended to represent the district's progress towards the completion of requirements for school reopening established by city, county, and state authorities.


 
Attachments:
Phased Plan for Returning to In-Person Learning, October 7, 2020
13.2. Approval of Gann Limit Resolution 20-006
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D. Superintendent 
FROM:          Pauline Follansbee, Interim Assistant Superintendent of Business Services 
DATE:           October 7, 2020
SUBJECT:     Approval of Gann Limit Resolution 20-006

BACKGROUND INFORMATION:
Education Code Sections 1629 and 14132 specify that by September 30, county office and district governing boards shall adopt a resolution identifying their estimated appropriations limits for the current year and their actual appropriations limit for the preceding year. The documentation supporting the adopted resolution shall be made available to the public.

The Gann Limit Calculation for FY 2018-19 and 2019-20 does not have any direct effect on the funding of the District.

The attached Resolution and Calculations (included in the 2019-20 Unaudited Actuals under separate cover) will be submitted to the Alameda County Office of Education for transmittal to the California Department of Education.

POLICY/CODE:
Education Code Sections 1629 and 14132
Government code Section 7906(f).

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve Gann Limit Resolution 20-006

 

 
14. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

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

Published: October 2, 2020, 8:16 PM

The resubmit was successful.