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Regular Meeting
Berkeley USD
October 21, 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. Anticipated Litigation – Regarding costs of services provided to student - Ed. Code § 54956.9, subd. (e)(2)
3.1.1. BUSD Case No. 202021-14
3.2. Conference with Real Property Negotiators (Government Code Section 54956.8) Was edited within 72 hours of the Meeting
3.2.1. District Negotiator: John Calise; Negotiating Party: City of Berkeley; Property: Multiple Properties; Under Negotiation: Use AgreementWas edited within 72 hours of the Meeting
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. Local 21
3.3.4. Union of Berkeley Administrators
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of October 21, 2020
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:
 
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 21, 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 10.21.20
Classified Personnel Report 10.21.20
11.2. Approval of Job Description for Director of Fiscal Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent, Business Services
DATE:            October 21, 2020 
SUBJECT:     Job Description for Director of Fiscal Services

BACKGROUND:
The Director of Fiscal Services is no longer a contract position and the job description has been updated and reviewed by the Personnel Commission.  We are asking Board approval on the attached job description. 

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the new job description for Director of Fiscal Services.

 
Attachments:
Director of Fiscal Services Job Description
11.3. Approval of Job Description: Child Care Worker
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed.D., Superintendent
FROM:          Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            October 21, 2020
SUBJECT:     Child Care Worker Job Description

BACKGROUND:
Attached is the job description for the new hourly classification of Child Care Worker. This position is being created to address the needs of the district to be able to provide child care to the K-5 children of employees during the COVID-19 pandemic.

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the duties of the Child Care Worker.


 
Attachments:
Child Care Worker Job Description
11.4. Approval of the National External Diploma Program (NEDP) as an Alternative to a High School Diploma at Berkeley Adult School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:          Baje Thiara, Associate Superintendent
                      Tom Reid, Principal, Berkeley Adult School
DATE:            October  21, 2020
SUBJECT:      National External Diploma Program (NEDP)

PURPOSE:      To request approval of the National External Diploma Program (NEDP) as an alternative means of earning a high school diploma at Berkeley Adult School beginning in the 2020-2021 school year.

BACKGROUND INFORMATION:
The National External Diploma Program (NEDP) is an adult applied performance, competency-based assessment program through which adults demonstrate skills commensurate with a high school diploma. The NEDP allows adults to demonstrate their high school level abilities by applying them in simulated, real-life situations; it is designed as an assessment program, not an instructional program. The target student audience is skilled adults who have acquired many of their high school level abilities in writing, speaking, computation, problem solving, reading, and critical thinking through their life experiences.


In order to qualify for a diploma through the NEDP, students must complete 70 Program Competencies in the following areas:


  • Communication and Media Literacy
  • Applied Math/Numeracy
  •  Information and Communication Technology
  • Cultural Literacy
  • Health Literacy
  • Civic Literacy and Community Participation
  • Geography and History
  • Consumer Awareness and Financial Literacy
  • Scientific Inquiry, and
  • Twenty-First Century Workplace.


NEDP is managed through a web application, and the portfolios participants develop are in electronic format.

Adult school staff investigations of NEDP prior to the pandemic lead to the conclusion that the program would be a valuable option for some of our adults pursuing a diploma. The context of pandemic has increased staff estimation of the value of NEDP for our students. We estimate the one-time  start-up costs of $6,400 in fees to the developer of NEDP and staff time in training. We expect no increase in on-going costs to deliver this program. Annually, we expect to serve 10-20% of our diploma students through NEDP.

STAFF RECOMMENDATION:
Approve implementation of the National External Diploma Program as an alternative means of earning a high school diploma at BAS beginning in the 2020-21 School Year.

FISCAL IMPACT:
One time costs of $6,400 for staff training, paid from adult education funds

 
11.5. Approve Modification in Course Credit Requirements from 175 to 140 for a High School Diploma from Berkeley Adult School
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:            Baje Thiara, Associate Superintendent
Tom Reid, Principal, Berkeley Adult School
DATE:             October  21, 2020
SUBJECT:      Modification in course credit requirements

PURPOSE:      To request approval of the  modification in course credit requirements from 175 to 140 for a high school diploma from Berkeley Adult School beginning in the 2020-21 school year.

BACKGROUND INFORMATION:
California Education Code specifies the minimum requirements for a high school diploma at 130. Currently, a diploma from BAS requires specific coursework of 175 credits. We are proposing a change in high school diploma requirements at BAS to 140 credits. The change in the number of credits is in electives. Current practice in BUSD permits issuing a diploma to foster youth who have met the state minimum diploma requirements of 130 credits.

Current California adult education policy aims at collaborative planning among adult education providers in a consortium. It is reasonable that adult schools that are to collaboratively plan adult education services for the region have some parity in diploma requirements. The proposed changes in BAS’ diploma plan bring a BAS diploma into better alignment with all of the other adult schools in our Northern Alameda Adult Education Collective:

  •       Alameda Adult School                                         130
  •       Berkeley Adult School                                         175
  •       Oakland Adult and Community Education          130
  •       Opportunity Academy (ACOE Charter)                130
  •       Piedmont Adult School                                     150.5

Other Bay Area adult schools beyond our consortium also have been moving to more streamlined diploma credit requirements.

As adults, our students are eager to attain the wage increases and other advantages that come with a high school diploma. It is not uncommon for an employer to increase compensation for a worker simply because the worker has earned a diploma. Opportunity for advancement increases as well. An adult who has begun work, for example, in the concrete trade is unable to enter a well-paying apprenticeship without a diploma. We do not wish to unnecessarily delay adults from maximizing their potential opportunity and providing greater financial stability for their families.

STAFF RECOMMENDATION:
Approve the modification in course credit requirements from 175 to 140 for a high school diploma at Berkeley Adult School.

FISCAL IMPACT:
None.

ATTACHMENTS
Comparison of Current and Proposed Course Requirements for a Diploma at BAS

 
11.6. Approve Appointment of Isaiah “Izzy” Roter to the BUSD Personnel Commission
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent for Human Resources
DATE:          October 21, 2020
SUBJECT: Appointment of Personnel Commissioner - Board Appointed Nominee 

BACKGROUND INFORMATION:
Per Education Code section 45245, one member of the personnel commission shall be appointed by the governing board of the district and one member, nominated by the classified employees of the district, shall be appointed by the governing board of the district. Those two members shall, in turn, appoint the third member. As used in this section, “classified employees" shall mean an exclusive representative who represents the largest number of non-certificated employees in a unit or units within the district.

Berkeley Unified School District is nominating Isaiah Roter as the member appointed by the governing board of the district. 

POLICY/CODE:
Education Code Sections 45245, 45246, 45247 and 45248 and 45249

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Accept the nomination and appoint the District's recommended candidate.

 
Attachments:
Roter Resume
11.7. Approval of Funds for Memorandum of Understanding with Alameda County Behavioral Health Services for the 2020-2021 School Year and Outstanding invoices payment for 2019-2020 School year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education 
DATE:          October 21, 2020
SUBJECT:      Approval of Funds for Memorandum of Understanding with Alameda County Behavioral Health Services for the 2020-2021 School Year and Outstanding invoices payment for 2019-2020 School year

BACKGROUND INFORMATION
The District contracts with Alameda County Behavioral Health Services under the provision of providing Educationally Related Mental Health Services (ERMHS) for students who qualify as Individuals with Disabilities under IDEA. ACBHS provides ERMHS to students with disabilities, as requested by the District to include: assessment, assessment reports, consultation, IEP attendance, individual, group, and family therapy, crisis intervention, collateral therapy and case management.  ACBHS invoices Berkeley Unified for the services provided to individual students and their parents.

For the 2018/2019 school billing period, the average invoice amount was $89,000. The average number of students served per invoice was 95. The Special Education Local Plan Area (SELPA) allocates ERMHS funds to NR SELPA Districts. BUSD received an allocation of $175,000 for 2018/2019 and an allocation of $110,000 for 2019/2020. The allocation from the SELPA fluctuates due to prior year numbers of students served. Carry over of these funds is permissible however the funding does not cover the needs of the number of students served in BUSD. The Special Education budget has a line item for ACBHS/ERMHS billing.

In July 2019, 80 students were being served. By February 2020 this increased to 153 students.  The reason for the student increase includes an increase of referrals to ACBHS and as well, student(s) dysregulation. When a student requires multiple contacts with staff in one day, these contacts are billed individually.  For these factors, there is an increase of services/costs in July 2019 and February 2020. The July invoice was $74,095 and the invoice for February was $189,707.

There are several reasons for the variations in the invoices received which impact the increased costs over the school year and are delineated below:

  • Several students are not Medi-Cal eligible (there is a different funding model and lower cost associated when a student qualifies)
  • Students attending specialized programs have instances of dysregulation (increasing mental health services in one day)
  • Mileage incurred when the clinician travels to various school settings
  • Rates vary depending on provider and charges are by the minute (each agency has a differentrate; ACBHS delegates the students to agencies for services). For example, EPDST (Early and Periodc Screening, Diagnostic and Treatment), FFP (Federal Funding Participation) and Medi-Cal rates arepart of the logarithm in calculating costs. This archaic system for billing has been in place since 1947. Complaints have been made but no change to date
  • Coding variations depending on contact with student (clinical certification)
  • Increased number of students being assessed and receiving services
  • Billing overlaps from one month to the next, i.e., Clinical staff not submitting billing within the designated month.

See below-

Submitted payment $452.13 as a separate bill from May/June of 2018/2019 in January 2020

Submitted payment $13,688.50 as a separate bill from Aug/June of 2018/2019 in October 2020

County of Alameda

Alameda County Behavioral Health Services

Estimated Total Cost



Numerous students for 2020-2021 School Year

$1,756,000.00

Addendum: To pay for outstanding invoices for 2019-2020 SY against 2020-2021 SY PO

$1,156,316.49

Total

$2,912,316.49




The Berkeley Unified School District entered into a multiyear MOU for school years 2017/2018/2019. This MOU was expired on 6/30/2020, but there was a clause saying "this MOU renews automatically as of July 1, 2020 for additional year and renews annually thereafter on July 1, unless another memorandum of understanding between the parties superseded this MOU or unless this MOU is otherwise terminated”. Before new MOU is in place we use this MOU to provide ERMHS to BUSD students.

For 2019-2020 school year Board total approved $1,768,000.28, we only paid $599,378.44.

  • Board approved $929,772.28 on 10/23/2019 item 11.9, which was enough to cover the services till December 2019, but we were only funded for $600,000 which was only enough to pay for invoices till November 2019.
  • Additional $838,228 on 6/24/2020, item#11.4 was approved to cover the invoices till June 2020. By the time this PO increase was approved, we have passed the business service online requisition deadline and we couldn’t increase the PO to process the invoices, so December 2019-June 2020 ERMHS invoices were on hold till 2020-2021 SY (total $1,156,316.49, detail spreadsheet attached).

For 2020-2021 SY, the estimated cost is $1,756,000.00 based on payment from last school year assuming same amount of services to be provided.

Business services suggested us to add 2019-2020 SY outstanding invoices total to 2020-2021 school year PO as an addendum, which brings the PO for 2020-2021 SY to $2,912,316.49.

POLICY/CODE:
Education Code 56363

FISCAL IMPACT:
Not to exceed $2,912,316.49 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve funds for Memorandum of Understanding with Alameda County Behavioral Health Services for the 2020-2021 School Year and Outstanding invoices payment for 2019-2020 School year

 
Attachments:
Cost breakdown
11.8. Adoption of North Region SELPA Policy Manual and Related Procedures
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 21, 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.

SELPA Policies

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


 
Attachments:
North Region SELPA Policies Updated, May 27, 2020
11.9. 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 21, 2020
SUBJECT:          Approval of 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.

Local Plan

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


 
Attachments:
local plan
Presentation
11.10. Approve Listing of Warrants issued in September 2020.
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         October 21, 2020
SUBJECT: Approve Listing of Warrants issued in September 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 September is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$5,817,289.09 for the month of September 2020 from various funds.  

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

 
Attachments:
FISCAL WARRANTS FOR SEPTEMBER 2020
11.11. Approval of Payroll Warrants Issued in September 2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         October 21,  2020
SUBJECT: Approval of Payroll Warrants Issued in September 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 September 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,1390,995.50, for September 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in September 2020.


 
Attachments:
PAYROLL WARRANTS FOR SEPTEMBER 2020
11.12. 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:         October 21, 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. Anna Rainer to provide visual art integration coaching at Oxford Elementary School for the period from 9/8/20 - 6/4/21. The cost will not exceed $29,216. To be paid from Restricted Donations and VAPA Arts Anchor Grant. Requested by Beth Rhine. 
  • 2.Community Resources for Science to provide Writer Coach Connection writing coaches to students at Longfellow Middle School for the 2020-21SY. The cost will not exceed $17,000, to be paid from site BSEP funds. Requested by Paco Furlan.
  • 3.Child Therapy Institute of Marin to provide mental health consultation service and RTI program coordination at the three Preschool campuses in the ECE Program for the 2020-21SY. The cost will not exceed $45,850. To be paid by Head Start, Site BSEP and Title 1 Site Funds. Requested by Maria Carriedo.
  • 4.Accounting Principals, Inc. to provide consultant for Senior Budget Analyst in Fiscal Services Department for the 2020-21SY. The cost will not exceed $10,962. To be paid from General Fund. Requested by Pauline Follansbee.
  • 5.Ratification of contract with Ellevation Education, to provide English Learner management software for CDE compliance, data integration and on-site training for the District. The cost will not exceed $18,587.50. To be paid from Title III Fund. Requested by Michelle Sinclair.
  • 6.Increase in contract, PO#210728 to Crown Moving to provide moving services for the Oxford at West Campus project. The Board originally approved $15,000 on May 20, 2020. The additional amount needed is $19,574.92, for a new contract total amount of $34,574.92. To be paid from Measure I. Requested by John Calise.

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

STAFF RECOMMENDATION:
Approve the contracts with Consultants or Independent Contractors as submitted
 
11.13. Approval of Contract Modification #3 & 4 with HY Architects for Architectural Services for the Cafeteria Kitchen Projects at Muir and Cragmont
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    October 21, 2020        
SUBJECT: Approval of Contract Modification #3 & 4 with HY Architects for architectural services for the Cafeteria Kitchen Projects at Muir and Cragmont

BACKGROUND INFORMATION:
The kitchens at Cragmont and Muir are currently under construction.  

Contract modification #3: The design of the exterior sanitary sewer line to be connected to a lateral line running along the edge of the property is changing in order to save the district in construction costs.  

Contract Modification #4: The change of installing a ventless combination oven will eliminate the need for a Type 1 hood and Ansul fire protection system and will save the district in construction costs.  The existing boiler flue is perforated by corrosion and is required to be made gas-tight.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:
Contract award by this action: $20,275 to be paid from Measure I Bond Funds for a total contract amount of $657,760.

RECOMMENDATION:
Approve Contract Modification #3 & 4 with HY Architects for architectural services for the Cafeteria Kitchen Projects at Muir and Cragmont.


 
11.14. Accept the Completion of the Door Hardware Upgrade Group 2 and Approve Resolution Number 21-008
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities 
DATE: October 21, 2020
SUBJECT: Accept the Completion of the Door Hardware Upgrade Group 2  and Approve Resolution Number 21-008

BACKGROUND INFORMATION:
On November 6, 2019, the Board awarded a contract to Door Hardware Upgrade Project – Group 2 includes columbine lock installation at Malcolm X, Washington, Rosa Parks, BAM, Longfellow Middle School, King Middle School, Emerson, and Cragmont at all classroom doors.  The project is now complete and staff requests Board acceptance of the project which will allow filing a Notice of Completion with the County and permit release of retention. 

POLICY/CODE:
California Public Contract Code 20110-20118.  

FISCAL IMPACT:
The project was funded with Measure I bond funds.  The project had change orders in the amount of 2%.

STAFF RECOMMENDATION:
Accept the project as complete and approve resolution number 21-008

 
Attachments:
Resolution 21-008
11.15. Authorization to Approve a Change Order for the Longfellow Project and Approval of Futility Resolution 21-009
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: October 21, 2020

SUBJECT: Authorization to Approve a Change Order for the Longfellow Project and Approval of Futility Resolution 21-009

 

BACKGROUND INFORMATION 

On May 6, 2020, the Board awarded a contract to Mar Con Builders, Inc.  The project supports the safe student crossing from the main Longfellow Campus to the cafeteria building.

 The project is not yet complete.  The bid was awarded for a total of $164,063.30, ($149,153 contract amount with an allowance of $14,915.30).  Staff can negotiate scope and price increases up to a maximum of a 10% increase in the total project.   

The significant changes and additions to the scope of the project have generated the change orders and additional costs to the project.  These factors are the changes required by the City of Berkeley. 

When a project has more than a 10% change order total, counsel states that a futility resolution is needed.  Attached to this cover memo is that futility resolution. 

POLICY/CODE

California Public Contract Code 20110- 20118.

FISCAL IMPACT

The project is funded through Measure I.  The final change order percentage is roughly 17% due to some modifications and change requirements put forth by the governing agency.  The total contract price was $174,604.58.  

STAFF RECOMMENDATION

Approve the attached Futility Resolution Number 21-009.     


 
Attachments:
Resolution 21-009
11.16. Approval of Resolution 21-007 Awarding Lease-Leaseback services (increment #2), and Amendment #2 to Alten Construction for the Berkeley High School Classroom Building A + Theater Renovations Project Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    October 21, 2020        

SUBJECT: Approval of Resolution 20-007 Awarding Lease-Leaseback services (increment #2), and Amendment #2 to Alten Construction for the Berkeley High School Classroom Building A + Theater Renovations Project


PURPOSE

Ensuring that major District construction projects are built within budget and on schedule, utilizing the most appropriate and collaborative project delivery method, the Berkeley Community Theatre project is using the Lease-Leaseback delivery method. The purpose of the attached documents is to authorize Alten Construction to begin the scope of work as described in increment #2, structural demolition, shoring and new construction.

BACKGROUND INFORMATION

The Lease-Leaseback project delivery method is authorized under Education Code 17406, which was recently (2016) updated by the Legislature and Governor to ensure transparency, accountability, and strong processes for “best value” selection of Contractor/Developer entity to build school district projects. Facilities staff presented the Lease-Leaseback option to the Board at its meeting on March 13, 2019 and the Board approved Lease-Leaseback as a project delivery method for future projects.

The Board approved the Resolution #19-028 approving the Request for Proposals for Lease-Leaseback Services on the Berkeley High School Classroom Building A + Theater Renovations project at its meeting of April 24, 2019. Additionally, Resolution #20-001 was approved by the Board on August 21, 2019 authorizing the District to enter into a preconstruction contract with Alten Construction.  Also, the Board approved the Resolution #20-057 for Increment #1 for remediation and soft demolition with Alten Construction.

To move forward with the construction of the Lease-Leaseback contract for the Berkeley Community Theatre project, the next step is to authorize a contract with Alten Construction for increment #2. A collaborative approach was used to determine the contract price for increment #2 of the project. The prime contractor and the mechanical, electrical and plumbing subcontractors have all been prequalified with the District.

POLICY/CODE

Education Code Section 17406, 17400(b)(1), 17406(a)(2)(A)

FISCAL IMPACT

Cost of award by this action is $42,536,231 plus, an allowance (not to exceed) of $1,998,868 (5% Contingency) to be paid from Measure I Funds.  Unknown factors such as requirements based on the governing agency’s standard of design as well as water table hydrostatic pressure findings have increased the project cost from the original budget, however, all costs are contained within Measure I and align with the increased construction requirements.

STAFF RECOMMENDATION

Approval of Resolution #20-007 and Amendment #2

RELATED PAST BOARD ITEMS

May 5, 2020 Amendment #1 for Alten Construction to begin remediation and soft demolition.  February 20, 2019 Presentation on Lease-Leaseback Project Delivery Methods. March 13, 2019 approval of Lease-Leaseback Project Delivery Method for future projects. April 24, 2019 Resolution #19-028, August 21, 2019 Resolution #20-001



 
Attachments:
1. LLB Amendment 2 for GMP Inc 2
2. BUSD BCT - LLB Site Lease
3. Resolution 21-007
11.17. Approval of Contract Modification #7 with Terracon for Environmental 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 21, 2020        

SUBJECT: Approval of Contract Modification #7 with Terracon for environmental services for the Berkeley High School Building A Theater Project

 

BACKGROUND INFORMATION

The Board approved a contract with Terracon on May 4, 2017 to provide environmental services for the Berkeley High School Building A Theater Project.  Environmental engineers test, sample and monitor existing building materials, soil and air to keep us safe from pollution. 

 
Modification #7 is to provide additional air monitoring during construction as required by the Environmental Protection Agency, Bay Area Air Quality Management District and Occupational Safety and Health Administration. This additional monitoring is driven by the amount of hazardous materials that were found within the building during the demolition phase that required further abatement.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $70,675 to be paid from Measure I Bond Funds for a total contract amount of $156,625.

RECOMMENDATION

Approve Contract Modification #7 with Terracon for environmental services for the Berkeley High School Building A Theater Project.



 
11.18. Approval of Contract Modification #1 with Crown for Moving 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 21, 2020        
SUBJECT: Approval of Contract Modification #1 with Crown for moving services for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION:
The Board approved a contract with Crown on May 20, 2020 to provide moving services for the Berkeley High School Building A Theater Project.  Modification #1 is to provide storage for pianos and other items for the theater for two years. 

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:
Contract award by this action: $50,381.58 to be paid from Measure I Bond Funds for a total contract amount of $169,018.

RECOMMENDATION:
Approve Contract Modification #1 with Crown for moving services for the Berkeley High School Building A Theater Project.



 
11.19. Approval of Board of Education Meeting Minutes for July 15, 2020
Rationale:
 
 
Attachments:
July 15, 2020
12. Action Items
12.1. Approve Phased Elementary Reopening PlanWas edited within 72 hours of the Meeting
Rationale:

To:  BUSD School Board

From:  Brent Stephens, Superintendent

Date:  October 21, 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.

On October 7, the Board of Education voted to approve the "Phase 1" portion of the Superintendent's recommendation, which focuses on the creation of small cohort-based support for students who are nominated by their school's Coordination of Services Team. 

In this presentation to the Board of Education, the Superintendent will update the Board on efforts to implement Phase 1, share a draft set of criteria for COST team to select students for this support, and propose for approval a target date for the phased reopening of BUSD Pre-K and elementary schools.

As one part of his presentation, the superintendent will share a portion of the results from the September, 2020 survey of BUSD families about their experience with Distance Learning in the current academic year. The full results of the September, 2020 Distance Learning survey are provided as an attachment to this agenda item.

 
Attachments:
Phased Plan for Returning to In-Person Learning, October 21, 2020
September, 2020 Family Distance Learning Survey Results
12.2. Approve Allocation of Learning Loss Mitigation Funding/COVID Equity Funds
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 21, 2020
SUBJECT:         COVID-19 Response Funding

PURPOSE: At the previous Board Meeting on October 7, 2020, we gave an overview of funding the district has received for Covid-19 Response, including Senate Bill 117, and Coronavirus Aid, Relief, and Economic Security Act (CARES). Tonight, we are requesting approval of the presented budgets for Spring 2020 expenditures, and 2020-2021 current school year actual and encumbered expenditures, as well as discussing other sources of funding for COVID-19 related expenses.

BACKGROUND:
Since school closures in March, 2020, BUSD has received a total of approximately $6 million in Covid response funding, excluding indirect costs and equitable services obligations. These funds include Senate Bill 117 funds ($164K) and Cares Act funds in two categories, 1) the Elementary and Secondary School Emergency Relief (ESSER, $625K), and the 2) Learning  Loss Mitigation Funds (LLMF). LLMF are broken into 3 funding sources, which include:

  •       The Governor’s Emergency Education Relief fund (GEER, $536K)
  •       The Corona Relief Fund (CR, $3.9 million)
  •       The General Fund (GF, $800K)

Expenditures in Spring of 2020 mostly covered salaries, stipends and maintaining average compensation for certain positions, totalling approximately $2 million. Actual and encumbered expenditures for the current school year, 2020-2021, are currently in excess of $2.5 million and cover many of the necessities for distance learning including online subscriptions and professional development, and health and safety expenditures including PPE, an additional nurse, and risk assessment costs. Some of the considerations for usage of the unspent balance of approximately $1.5 million dollars are supplemental school year programs, equity tutoring, school day Ed Camp programs, screening and testing, security for our transportation site, increased tech teacher leader stipends, and more technology expenditures as needed.

NEXT STEPS:

  •      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 Slides: COVID-19 Response Funding, Proposed Adoption, 10-21-20

 
Attachments:
Presentation
12.3. Approval of and Public Hearing for the Resolution Confirming Sufficiency of K-12 Textbooks (Time Certain: No earlier than 9:30PM)
Time Certain:
9:30 PM
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Bajé Thiara, Associate Superintendent, Educational Services
DATE:         October 21, 2020
SUBJECT:  Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2020-21         

BACKGROUND INFORMATION

Education Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, as to whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects:  English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course). The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided.  All students in Berkeley Unified have access to books and other instructional materials.

The annual resolution continues to be required although the State no longer allocates specific funding for Pupil Textbooks and Instructional Materials. 

The hearing tonight has been publicized as required, and the proposed resolution is attached.

POLICY/CODE
Education Code Sections 60117 and 60119

FISCAL IMPACT
None

STAFF RECOMMENDATION
Approve the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2020-21.



 
Attachments:
Sufficiency of Textbooks Resolution 20-21
13. Discussion Items
13.1. Update on Jefferson Renaming
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:        Brent Stephens, Superintendent and
Natasha Beery, Director of BSEP and Community Relations
DATE:        October 21, 2020
SUBJECT:  Jefferson School Renaming Update

BACKGROUND INFORMATION:
On June 10, 2020, the Berkeley Unified School Board of Education approved and adopted Resolution No. 20-064 in support of Black Lives Matter, which included a commitment to a renaming process for Jefferson and Washington Elementary Schools. On July 1, 2020 the Board affirmed the decision to discontinue the use of the name Jefferson, and gave the green light to launch the renaming process for Jefferson Elementary, following the outline of Board Policy and Administrative Regulation 7310.[1]

A Naming Advisory Committee (NAC) was formed, composed of current staff and parent/guardians at the school. The NAC began meeting in late August to plan the community outreach and committee work. A webinar to explain the renaming process to the community was launched on September 10, along with a BUSD webpage. Information about the process was shared in school newsletters and school PTA website as well. On September 17, an online school community meeting was held to discuss naming criteria and launch the 10 day window for name suggestion via a Google Form. The link to the form was shared with the school community and via the district-wide staff bulletin and community A+ news.

Name Suggestions

From September 17 to 27, an online form collected 196 submissions, as well as suggestions from 15 school classroom discussions. Many names were suggested more than once;  all in all there were 69 unique suggestions, appended to this report as Appendix A. The Naming Advisory Committee reviewed all school name suggestions, assisted by a more detailed description of each name taken from submitter’s comments and/or wikipedia summaries. The committee completed an initial straw poll which asked them to score the names with reference to key criteria, with a rating from 0 to 5. From that initial poll, 18 names scored above 3.5; upon further discussion of the characteristics of the short list of top 18 names, four were removed from consideration, and a second straw poll generated a revised list which was discussed at length at a follow-up committee meeting. 

The selection of names

There were many names with compelling stories. The committee’s charge was to winnow the list to six or seven names to be incorporated into the plans for school-based learning during the three weeks set aside for this special activity. The committee spent two meetings working towards the choice of a diverse array of seven names that together represent many of the key criteria: uplifting inspiring (and often local) stories, increasing representation among Berkeley school names, and having the potential to inspire new learning opportunities.

In alphabetical order, the names selected are:

  •       Betty Reid Soskin - local activist, Rosie the Riveter park ranger
  •       Maya Angelou - poet, author, activist who lived in Berkeley in 70's
  •       Muwekma Ohlone - the name of the local indigenous people
  •       Ruby Bridges - courageous child, now activist, integrated school in Louisiana
  •       Ruth Acty - trailblazer; first Black teacher in BUSD, taught for 50 years
  •       Ruth Bader Ginsburg - Supreme Court justice, fought for gender equality
  •       Yoshiko Uchida - Berkeley author, wrote about Japanese-American experience

Additional note re Muwekma Ohlone:

The committee was honored, in the final week of deliberations, to obtain permission from Ohlone tribal leadership to include “Muwekma Ohlone” among the finalists. This permission had also been sought during the renaming of Sylvia Mendez School, but had not been approved in time for consideration. In a special meeting, Muwekma Ohlone Tribal Chairwomen gave committee facilitators Natasha Beery and grace kong the permission to use the Ohlone name, and indicated that it is important to use the name “Muwekma Ohlone” to accurately reflect the indigenous people upon whose land our school sits. They look forward to partnering in the learning experience.

Sequoia and the 2003-05 advocacy for name change

In 2003-2005, members of the Jefferson community lead an effort to rename the school, and voted for the name “Sequoia”, only to have the name change vetoed by the Board at the time. The name “Sequoia” was proposed again this time,, and it was on the short list of 18 names. However, after considerable deliberation, ultimately it was not a consensus choice in the top seven names. The committee sought a solution which would honor the 2003-05 advocacy, while still providing space for the current school community and school children to engage in learning opportunities, and uplift meaningful new narratives that had not been previously considered. The committee therefore proposes to bring a special recommendation to the Board about the name “Sequoia.” 

The committee intends to bring to the Board the recommendation that alongside the new name chosen for the school, there also be a permanent recognition of the 2003-2005 renaming effort through the use of the name Sequoia on the campus. In that way, no matter what name is ultimately chosen for the school in 2020, the legacy of the prior effort is commemorated. The committee specifically recommends that the school’s cafetorium be formally renamed by the Board and designated as "Sequoia Hall” or “The Sequoia Room” so that the work has a place in the daily life of the school. The fact that the room is the community meeting place makes this place name particularly meaningful.

The Muwekma Ohlone tribal council has also offered to provide the word for “redwood tree” in Chochenyo as a companion word, which could be used alongside Sequoia Hall. It has been noted that the local tree is not a “Sequoia” per se, as the trees planted on school campus, as well as the ones that are still found in the Oakland hills are the Coastal Redwood (sequoia sempervirens), which are not the Giant Sequoia of the mountains (sequoiadendron gigantea), so the indigenous word would refer to the redwood tree)

Next Steps:

A committee of school teachers has volunteered to prepare age-appropriate educational materials about each of the finalist names. Over the course of three weeks, beginning on October 19, classrooms and the school community will have an opportunity to learn about the names, at a pace of two to three names per week, with special slideshows on each name shared online and via newsletter. 

The learning materials will be posted on the BUSD website as well as the school website. Over the next three weeks, there will be a focus on two or three names each week, with summary discussions taking place the week of November 9. Classrooms and the school community will have straw polls and focus groups to provide feedback on top choices for the Superintendent and Board to consider, before the final decision is made by the Board at a special meeting on December 2.

It must be noted that conducting the renaming process in the virtual environment, and at an accelerated pace, has been challenging. The committee has had to get to know and trust each other with less time and only on-screen interactions, and the same is true for community input. We have been fortunate to have the support of facilitator grace kong, who supported the Sylvia Mendez renaming, but the pace and context has been difficult at times.

In addition, the classroom and school discussions are likely to be qualitatively different than in the physical environment of the Sylvia Mendez process, where posters of the top names adorned the hallways, and books were available to easily share in classrooms. Nevertheless, the committee of teachers working on generating learning materials is already deep in creating accessible materials, and are ready to launch with very thoughtfully constructed slideshows that will provide meaningful opportunities for learning and engagement. No matter the name chosen, these materials will be available to support future learning opportunities about each of these individuals and groups as well.

STAFF RECOMMENDATION / QUESTIONS FOR THE BOARD:
The Board is not being asked to discuss specific name choices at this point, as that could pre-empt the school community discussions that are planned for early November. Instead, staff offers the following questions:

  1. Does the Board have any clarifying questions about the process so far?
  2. Does the Board have any clarifying questions about the process for community discussions of the top choices?
  3. Currently the committee is anticipating providing a rationale for the top choice name, and is considering offering second and third choice options. In order to aid in its deliberations, what would the Board hope to see included in the 12/02 recommendation document along with at least one top choice name?

POLICY/CODE:
BUSD Board Policy 7310 


[1]  (BP) and Administrative Regulation (AR) 7310, available at www.berkeleyschools.net/wp-content/uploads/2017/10/Facilities-BP-and-AR-7310.pdf)


 
Attachments:
Appendix A
Presentation
13.2. First Reading of Amendments to BB/E 9150: Student Board MembersWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


To: Board of Education

From: Brent Stephens, Superintendent

Date: October 21, 2020

Re: Proposed Amendment to Board Bylaws, Student Directors


In 2018, staff from the Berkeley Technical Academy petitioned the Board to amend Board Bylaw 9150 to permit two Student Directors to be elected by students at BTA to serve as a Student Director. At the time, BTA staff noted that the school would be more consistently represented at Board meetings - and students’ voice more consistently heard - if the single Student Director role could be shared by two students. When one is unable to attend, the other could step in.


On October 8, Principal Weber from BTA appeared before the Board’s Policy Subcommittee to make a similar petition. The Committee voted to forward a proposed amendment to BB 9150, Student Directors and E9150, Student Directors to the full Board for discussion on October 21 and possible approval on November 4.

The proposed amendment to BB 9150 reads (new language underlined):


The Governing Board believes it is important to seek out and consider students’  ideas,

viewpoints and reactions to the educational program. In order to provide student input

and involvement, the Board shall include two student Board members elected in

accordance with procedures approved by the Board and described in E 9150 of these

bylaws. Berkeley Technical Academy (B-Tech) may elect two Student Directors, but

only may appear at any given Board meeting.


The amendment to E 9150 reads (new language underlined):


The student Board members shall be elected by the student body of Berkeley High

School and Berkeley Technology Academy. Berkeley Technical Academy (B-Tech) may

elect two Student Directors, but only may appear at any given Board meeting.


 
Attachments:
Board Bylaw, Student Directors - Suggested Amendment in Orange
Board Bylaw, Student Directors, Suggested Amendment in Orange, #2
13.3. First Reading of Sweatfree Contracting PolicyWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


To: Board of Education

From: Brent Stephens, Superintendent

Date: October 21, 2020

Re: Proposed New Policy: Sweatfree Contracting


Berkeley Unified has long supported the premise that employers should fairly compensate employees, that the health and safety of workers should be protected, and that no form of discrimination or abuse should be tolerated. 

Seeking to protect these interests, the District requires that all contractors certify that they and, to the best of their knowledge, their subcontractors will comply with the State of California’s Sweatfree Contractor Code of Conduct.

This draft policy was considered at Policy Subcommittee meetings on September 10 and October 8, and is now advanced to the full Board on October 21 for discussion. 


 
Attachments:
Proposed New Policy: Sweatfree Contracting
14. Information Items
14.1. School Class Size Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed. D., Superintendent
FROM:       Bajé Thiara, Associate Supt. of Educational Services|
DATE:       October 21, 2020
SUBJECT: School Class Size Report

BACKGROUND INFORMATION:
Since 1987, Berkeley Schools Excellence Program (BSEP), a community response to state and federal education funding shortages, has financed lower class sizes at all Berkeley public schools. In 2016, BSEP Measure E1 reaffirmed the community’s commitment to smaller class sizes by allocating additional funds to continue maintaining a lower student-to-teacher class size ratio. Currently, BSEP funds approximately 30% of classroom teachers in Berkeley schools.

The class size goal in K-3 is a school-wide average of 23:1. The prior BSEP Measure A of 2006 has a goal for fourth and fifth grade as a district-wide class size average of 26:1 and it remains in place until the ultimate goal of Measure E1, a balanced school-wide average of 23:1 to be achieved by the 2022-2023 school year, the sixth year of the Measure. The goal for middle and high schools remains a district-wide class size average of 28:1.

2020-21 Class Size Reports

The class size goals in elementary schools have been met.  For K-3, all elementary school sites have averages below 23:1, and in fact school-wide class size averages are currently below 23:1 for K-5 as well.  The district-wide class size goal of 26:1 for fourth and fifth grade was also met.  A few elementary schools have a class size average of more than 26 students in fourth and fifth grade.  A solution could have been to implement 4th/5th grade combination classes.  However, most families and teachers do not favor combination classes.  As a result, a few elementary schools have smaller class averages in the fourth grade and/or fifth grade.  

The class size goals in middle school have been met, with an average class size of 24.4 in sixth grade.  The district-wide class size average in 7th and 8th grade is 26.2 excluding PE and electives.

High school class size averages have been met, with an average class size of 26.8 at Berkeley High School, excluding PE.  The class size average for ninth grade including the LEAP academic support elective is 24.3.  Berkeley Technology Academy class size average is 5.5 students per teacher, significantly less than the 18:1 average stipulated in the Measure.

POLICY/CODE:
Berkeley Schools Excellence Project, Measure E1 of 2016

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive the School Class Size Report for Information.

 

 
Attachments:
Presentation
14.2. BUSD Enrollment UpdateWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Ed. D., Superintendent
FROM:       Bajé Thiara, Associate Supt. of Educational Services
DATE:       October 21, 2020
SUBJECT: 2020-21 Student Admissions Update

BACKGROUND INFORMATION
On June of 2015, the Berkeley Board of Education approved a new Admissions and Enrollment Policy (BP5111).  The policy directs staff to provide an annual enrollment update to the Board.  Presently, Berkeley Unified School District (BUSD) has 9378 students enrolled in district schools.  The projected student enrollment for the 2020-21 school year was 9802.  With a present student population of 9378, BUSD is 95.67% of the student projection.  We believe the decrease in student enrollment is due to the Covid-19.

The new Admission Policy requires students transitioning from 5th grade to 6th grade and from 8th grade to the 9th grade to certify that they continue to be Berkeley residents.  Of approximately 723 fifth graders, 683 (94.5%) provided the necessary documents to attend the District’s middle schools.  There were about 733 eighth graders in BUSD’s middle schools during the 2019-20 school year and 693 (94.5%) complied with the enrollment policy requirements in order to continue onto Berkeley High School. 

There was extensive outreach on the part of the Admission Office to assist new families and families transitioning to middle school and high school.  Families whose children were transitioning to middle and high school were informed in writing, via personal phone calls and communications from the elementary and middle schools about the rematriculating process.  The Admissions Office was also open during three Saturdays in December and January to accommodate working families. 

In order to ascertain the compliance of the Berkeley residency requirements, at times it has been necessary to conduct address verifications.  District staff has visited 161 residences of students enrolling for the 2020-21 school year.  Of the address verifications, 31 (19.3%) students were not enrolled in Berkeley Unified Schools because families were not truthful about their Berkeley residency.  The address verifications have been conducted throughout Berkeley, Oakland and West Contra Costa.  The accompanying map indicates where the bulk of the address verifications have taken place.

Berkeley Unified School District has also accepted students on inter-district permits.  There are 914 students attending BUSD on inter-district permits.  For the 2020-21 school year, 94 new students were admitted into BUSD schools.  Of the 94 granted inter-district permits 34 were for children of BUSD employees who do not live in Berkeley.  Additionally, 19 students were admitted because they had siblings attending BUSD schools.  An accompanying table details the numbers of permits granted and denied by grade.   

BUSD also denied 70 inter-district requests; 16 were students who attended BUSD schools in 2019-20 but did not meet the inter-district permit requirements of grades, attendance and behavior as established by Board policy.  54 new permits were not accepted because they did not meet the Board policy requirements.   

Berkeley residents also requested inter-district permits to attend schools outside of Berkeley.  42 students requested inter-district permits for the 2020-21 school-year to attend non BUSD schools.  The breakdown for the students opting not to attend BUSD is as follows:  18 for elementary school, 7 for middle school and 17 for high school.

POLICY/CODE
Board Policy 5111, Student Admissions and Enrollment

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Receive 2020-21 student admissions update report for information.

 
Attachments:
2020-21 Interdistrict Permits
Address Verification
14.3. Career Technical Education (CTE) Update
Rationale:

                                                       BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Dr. Stephens, Ed.D., Superintendent
FROM:         Baje Thiara, Associate Superintendent
Wyn Skeels, Program Supervisor
DATE:      October 21, 2020
SUBJECT:   Career Technical Education (CTE) Program Expansion to Middle School, Dual Enrollment , Distance Learning, Facilities     

PURPOSE:
We are engaged in expansion of  our high quality Career Technical Education Program to include Middle School STEM pathway exploration and early college credit and post - secondary transition through Dual Enrollment and Apprenticeship.  Our CTE pathways incorporate cutting-edge knowledge about career options, technology, and the skill-sets required for success in postsecondary education and training as well as in the pursuit of high wage, high opportunity, regional employment opportunities. 

A previous update on October 2nd, 2019  provided an overview of existing and developing CTE programs across the District including enrollment demographics, facilities updates, new course launches and pathway development that can be accessed in the Related Past Board Items section below.

This update will offer a program overview including an update on distance learning support, our developing Middle School STEM/Maker exploration initiative, dual enrollment,  and the CTE funding picture.

Program Overview: 

The BUSD CTE Program comprises 6 of the 15 California Industry Sectors and 13 pathways. (See attached pathway map).

CTE Enrollment Demographics:

2020 - 21 CTE course enrollment demographics are broadly representative of overall BUSD demographics There are currently 1,261 unique students enrolled taking at least 1 CTE course and 1,674 seats in CTE classes. Of those :

13.1 % African American

23.2 % Latinx

18.7 % EL or RFEP

7% SwD

44.9 % Female


Students with Disabilities and Females are enrolled in CTE below the school enrollment rate for those groups.  Even as overall CTE enrollment demographics are broadly representative, enrollment in our Computer Science pathway is not. The CTE program will continue to engage in outreach and promotion efforts in order to encourage and support representative participation.  We have a well established National Society of Black Engineers jr. Chapter (NSBE jr.) and a Society of Hispanic Professional Engineers (SHPE) chapter and attribute active engagement in those organizations for representative enrollment in our Robotics Engineering pathway.   We must reinvigorate the Girls Who Code Club on campus and focus more of our Work Based Learning activities with these student groups on the Information and Communications Technology Sector.

Distance Learning:
Experiential and highly contextualized learning are hallmarks of CTE coursework and CTE classes often meet in highly specialized classroom space so replicating the student experience though  the move to distance learning has been challenging.  Fortunately we have a team of highly adaptable teachers and are able to leverage CTE grant funds to provide students access to hands-on learning through specialized equipment kit distribution.  In partnership with the EdHub and the BHS Supply Center distribution systems we have been able to check out kits for Robotics and CAD Design Studio, Technical Theater, Carpentry and Public and Community Health classes and all manner of Digital Media equipment.  CTE has funded individual software licenses so that students have home access to Adobe Creative Cloud, WeVideo and advanced coding software where needed.  Many work based learning activities have moved online as CTE teachers invite guest speakers into Zoom classroom meetings and all BHS and BTA students have opportunities to join moderated Career Talks on topics like coding, entrepreneurship and technology and medicine.

 In partnership with the Berkeley Startup Cluster’s Berkeley Ventures, Berkeley Values (BV2) initiative we continue to schedule and promote virtual site visits with local STEM and advanced manufacturing employers. We will continue to provide resume’ and job search workshops. Over 30 BHS students participated in the first of those on 9/24.  Unfortunately, much of our robust student internship programs are on hold until our return to physical schooling. That said, all of the incoming seniors in our Biotech Academy pathway were able to engage in high value virtual internships this Summer hosted by Bayer, East Bay Municipal Utilities District, Biomarin Pharmaceuticals and others.

Middle School STEM/Maker Exploration:
We must engage students with STEM in the earlier grades if we hope to build the knowledge base, confidence and excitement to persist. Enrollment in some of these pathways is not reflective of student demographics, mirroring the underrepresentation so prevalent in STEM career fields. To interrupt this pattern ensure equitable access and participation in these pathways across all BHS demographics, we must create a Middle School component to our CTE Program.  The 6th grade component of our Diversifying the STEM Career Pipeline is the creation of and implementation of a new 6th grade STEM/Maker curriculum program.

CTE grant funding is supporting collaborative professional development for STEM teachers from all 3 Middle Schools through dedicated FTE for STEM lead teacher Debbie Lenz, curriculum development hourly and stipends for conference and workshop attendance.  Through the development and implementation of a  6th grade STEM/Maker curriculum wheel,  BUSD 6th grade students will have the opportunity to become producers as they are introduced to coding, robotics, engineering design, digital media, electronics and design thinking.

The "Diversifying the STEM Career Pipeline" initiative is focused on aligning our Middle School STEM curriculum with the established CTE STEM Pathways at Berkeley High School, providing early exploration of high school STEM pathway curriculum, technology, tools, and related careers beginning in the 6th grade -with a very deliberate focus on students from populations underrepresented in STEM careers. This will build on our established universal 7th grade "Be a Scientist" program and instill broader student interest in, and capacity for, success in our wide ranging 8th grade STEM electives. 

Dual Enrollment:
CTE pathway completion and college credit coursework completed through dual enrollment are both elements of the College and Career Readiness Indicator on the state Dashboard. Successful applications for CTE grant funding through the K12 Strong Workforce Program distributed through the California Community College Chancellors Office emphasize support of Dual Enrollment and research supports the value of gaining early college credit and postsecondary transition support.

Last Spring, In response to closure and in collaboration with the City of Berkeley’s  2020 Vision manager, Nina Goldman, Berkeley City College Transition Counselor Skyler Barton and BHS Intervention Counselor Jasdeep Malhi created a new summer course for incoming 9th graders at Berkeley High.  This team recruited students who were most likely to fall through the cracks during their transition from middle to high school – particularly in the context of the Pandemic.

50 students enrolled in our “Accelerate to BHS and High School” course. Approximately 72% of the students were Black/African American and/or Latinx. The Zoom class ran three times a week for six weeks. The students were amazingly engaged as we offered them a step up to high school success by connecting them with key BHS teachers and staff, as well as recent college graduates, all of who dropped into our sessions. Students who completed this course earned 1 college credit - before they even started high school! In addition 13 of these students are currently enrolled in BCC’s Life and Career Planning course which will earn them 3 more college credits. With CTE grant funds available to  support Dual Enrollment we intend to offer this class next Summer and beyond. 

This semester 171 BUSD students are enrolled in at least one BCC or Laney College course. Over the past 5 years, CTE has partnered with Berkeley City College to offer Counseling 57, Life and Career Planning and to promote other Dual Enrollment Opportunities to complete UC/CSU transferable coursework. COUNSELING 57 has acted as a gateway for students to enroll in additional concurrent enrollment opportunities at BCC. This semester, 80 BHS students, 93% of whom will be first generation college students, are enrolled in Counseling 57.

CTE Facilities Development:

  •       BHS Robotics Facility Furnishing-  Completed Fall 2019. $52,000
  •       Longfellow STEM/Makerspace FF&E -  Completed Fall 2019. $90,000
  •       Martin Luther King  Jr. and Willard Middle School STEM/Makerspaces FF&E - In development. Expected Completion Spring 2021. Estimated total cost of $150,000
  •       BHS C400 Digital Media Studio Upgrade. Spring/Summer 2021. No cost estimate yet.
  •       The purchase of Lighting (Including LED's) and projection equipment for Little Theater Stagecraft/VAPA in process - Spring 2021. Awaiting Estimates

FISCAL IMPACT:
Funding allocations using remaining Measure I CTE Facilities funds as approved by the Board on November 14, 2018. Future projects will be contained within the approximately $1.5M Career Technical Education Measure I Project Balance.

RECOMMENDATION/QUESTIONS FOR THE BOARD:
Receive the report.

ATTACHMENTS
CTE Pathway Map




 
Attachments:
CTE Pathway Map
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

Published: October 16, 2020, 8:31 PM

The resubmit was successful.