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Regular Meeting
Berkeley USD
November 04, 2020 5:00PM
Zoom

1. Call to Order - 5:00 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:00 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. 202021-15
3.2. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.2.1. Berkeley Federation of Teachers (BFT)
3.2.2. Berkeley Council of Classified Employees (BCCE)
3.2.3. Local 21
3.2.4. Union of Berkeley Administrators
3.3. Public Employment (Government Code Section 54957)
3.3.1. Superintendent Evaluation
4. Call to Order - 7:30 PM
5. Approve Regular Meeting Agenda of November 4, 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:              November 4, 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 11.04.20
Classified Personnel Report 11.04.20
11.2. Approval of Position Control Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 4, 2020
SUBJECT:     Approval of Position Control Report

BACKGROUND INFORMATION:

Starting at this meeting and continuing on a regular basis, staff is presenting a Position Control Reports listing actions that increase, decrease, or change the funding of positions in the District for the Board to approve officially. This first report is being brought to the Board for approval and to establish a common understanding of the positions that are established as of October 30, 2020. An update report will be presented to the Board for approval whenever changes occur.


 
Attachments:
Position Control Report 10-30-20
11.3. Approval of MOU between BUSD and San Jose State University
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 4, 2020
SUBJECT:      Approval of MOU between BUSD and San Jose State University

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

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education ratify the memorandum of understanding (MOU) between the District and San Jose State University.






 
Attachments:
Berkeley Unified School District Agreement with SJSU OT Renewal
11.4. Approval of MOU with Regents of California, Lawrence Hall of Science
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens Ed. D., Superintendent
FROM:           Pauline Follansbee, Asst. Superintendent of Business Services
DATE:            November 4, 2020
SUBJECT:     Approval of MOU with Regents of California

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.

Regents of the University of California, University will work with Berkeley Unified School District (BUSD) to utilize educators from the Lawrence Hall of Science to supervise and support BUSD-created bubble groups (ie., small cohort groups) of students at each elementary school to engage with: 1) their BUSD distance learning schedules and assignment, and 2) daily outdoor science and environmental learning.  Duration of contract is November 5, 2020 to December 18, 2020 with opportunity to add weeks and extend this agreement into 2021 if both BUSD and University give approval.

University will:
Facilitate student learning during remote learning times and outdoor learning spaces at
each school site, structured to maintain effective social distancing and safety protocols while offering fresh air and the health benefits associate with increased access to nature.

Provide instructors between 8:30am-3:15pm (6.75 hrs/day) to support K-5 students to engage in BUSD distance learning programs and provide high-impact outdoor, science, and Science, Technology, Engineering and Mathematics (STEM) learning opportunities during “choice time” and after distance learning programming ends. 

Provide five (5) instructors to supervise one stable bubble each wit no more than ten students.  Bubble group instructors will support BUSD designed distance learning and provide guided learning experiences outdoors on the school grounds or nearby each day. 

Provide one (1) site coordinator to oversee site activities, manage site staff, and support the selection, adaptation, materials management and coordination of the outdoor science learning activities.

Assure that each instructor supervises one stable bubble with no more than ten students.  Bubble group instructors will support BUSD-designed distance learning and provide guided learning experience outdoors on the school grounds or nearby each day.  These outdoor experiences will address Next Generation Science Standards, History-Social Science Standards, STEM enrichment goals and will complement the curriculum established by the classroom teacher.  The experiences will include guided investigations in nature, writing/note booking reading discussion, math, social emotional learning, science experiments and simulations, leadership and collaboration opportunities, silent reading (for example, under a tree), engineering and design labs, physical education, arts and humanities, etc.

Amount not to exceed $ 113,100 To be paid from Covid Fund. Requested by Brent Stephens

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

STAFF RECOMMENDATION: 
Approve the contracts with Regents of California, Lawrence Hall of Science as submitted

 
11.5. Approval of MOU with Lifelong, Kids Village
11.6. 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:         November 4, 2020
SUBJECT Approval of Contracts/Purchase Orders for Services Contracts

BACKGROUND INFORMATION
The District contracts with consultants or independent contractors who can provide valuable and necessary specialized services not normally required on a continuing basis. The following contract services are requested. Expenditures are within budget.

  • 1.Increase in contract, PO#210624 to Saihla Systems to provide website support and maintenance services for the Technology Department.Original contract issued 9/15/20 for $9500. The additional amount needed is $5500 for a total amount of $15,000. To be paid from BSEP funds. Requested by Natasha Beery.
  • 2.Ratification of contract with Allyson Kay Altizer to provide consulting and leadership services to Special Education Department for the 2020/21SY. The cost will not exceed $50,000. To be paid from Special Ed Fund. Requested by Shawn Mansager.
  • 3.Ratification of 18 Reasons, to provide training, fund raising technical assistance and after-school curriculum development for the Cooking and Gardening program for the 2020-21SY. The cost will not exceed $50,000. To be paid from General Funds. Requested by Jezra Thompson.
  • 4.Approve Vector Solutions K-12 Education Software to provide access to students for safety and wellness courses.Not to exceed $15,546.25 to be paid from Covid Funds, requested by Baje Thiara.
  • 5.Piggyback agreement with Curative Inc. for on-site Covid Testing requested by Pauline Follansbee.No fiscal impact, direct reimbursement from insurance carrier.

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

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


 
11.7. Approval of Contract Extension with ALC Schools, LLC for Non-Public School (NPS) Transportation School Year 2020-2021 and Extended School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens Ed. D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            November 4, 2020
SUBJECT:    Approval of Contract Extension with ALC Schools, LLC for Non-Public School (NPS) Transportation School Year 2020-2021 and Extended School Year 

BACKGROUND INFORMATION:
Since August 2014 the District has had a contract with ALC Schools, LLC to provide transportation for students attending Non-Public Schools (NPS) which automatically renews each year. Over the past few years, cost increased due to increased number of students, being served and increase in wait time.  In 2019-2020, estimated total cost did not exceed the PO for fiscal year 2019-2020 services due COVID19 Pandemic, Berkeley Unified School District and non-public schools’ closures. 

FISCAL IMPACT:
The annual cost of service under the contract extension for 2020-2021 is estimated at $250,000 due to COVID19 Pandemic and BUSD Phased Pan for Returning to In-Person Learning for special needs students and Non-Public Schools Safe Reopening Plans this fall. This cost includes the services for the Extended School Year of Summer 2021. 

STAFF RECOMMENDATION:
Approve Purchase Order with ALC Schools, LLC for School year 2020-2021 in the amount of $250,000.

 
11.8. Approval of Master Contract for Nonpublic Agency Service for 2020-2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:         Shawn Mansager, Executive Director of Special Education
DATE:          November 4, 2020
SUBJECT:      Approval of Master Contract for Nonpublic Agency Services for the 2020-2021 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

Maxim Healthcare Staffing Services, Inc

1:1 LVN (when in person instruction starts)


2

$ 135,616.00

TOTAL



$135,616.00

POLICY/CODE:
Education Code 56363

FISCAL IMPACT:
Not to exceed $135,616.00 funded from the Special Education Budget which may require an additional contribution from the General Fund.

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


 
11.9. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            November 4, 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. Thousand Oaks PTA donated $63,416 toward FY 20-21 budget.
  2. Philanthropic Ventures Foundation donated $500 for therapy materials K-5 sped to Rosa Parks School
  3. Washington Elementary PTA donated $13,000 for contract with Jamel Williams for Restorative Justice consultation in the amount of $6000 additional counseling from Child Therapy Institute of Marin in the amount of $7,000.

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 $ 76,916 in donations.

 
11.10. Approval of the Pre-Qualified Architect Pool for Selection on Measure G Projects Which Require a Full Service Architect Firm
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    November 4, 2020        

SUBJECT: Approval of the Pre-Qualified Architect Pool for Selection on Measure G Projects Which Require a Full Service Architect Firm


BACKGROUND INFORMATION

With the passage of Measure G, it is required to qualify architects.  On August 13th, a Request for Qualification (RFQ) was issued.  Proposals were due on September 17, 2020.  Thirty-seven proposals were received.  Staff screened the proposals and determined that twenty firms should be interviewed.  On October 13th – 17th, those firms were interviewed.  The interview team included the Executive Director of Facilities, the Facilities Planning Analyst and a Facilities Consultant.  The group narrowed the architect pool to twelve teams:

  1. Baker Vilar Architects;

  2. BKDW;

  3. CAW;

  4. Gelfand Partners;

  5. Gould Evans; 

  6. HKIT Architects;

  7. HMC Architects;

  8. HY Architects; 

  9. Interactive Resources;

  10. LPA; 

  11. Noll and Tam; and,

  12. WLC Architects.

The twelve teams represent a variety of strengths the District will need as we initiate new projects.  

POLICY/CODE

California Government Code 4529.10 and 4529.12

FISCAL IMPACT

None

RECOMMENDATION

Approve the Pre-Qualified Architect Pool for Selection on Measure G Projects Which Require a Full Service Architect Firm.


 
11.11. Approval of Letter of Intent Proposal to Proceed with Detailed Engineering and Final Project Development with Syserco Energy Solutions for Comprehensive Energy Services Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens, Ed.D., Superintendent
FROM:            John Calise, Executive Director of Facilities
DATE:             November 4, 2020
SUBJECT:      Approval of  Letter of Intent Proposal to Proceed with Detailed Engineering and Final Project Development with Syserco Energy Solutions for Comprehensive Energy Services Project

BACKGROUND INFORMATION:
BUSD is committed to promoting sustainability, energy efficiency, and fiscal responsibility.  The District recognizes a need to address aging infrastructure in a manner that improves overall learning and teaching conditions within its schools.  Although aging and inefficient existing equipment and systems are costly to the District to operate and maintain, the amount of resources and funding creates a challenge for Facilities and Maintenance staff.  District staff seek to address concerns relating to aging and inefficient infrastructure by creatively sourcing a funding program through PG&E called “On-Bill Financing” (OBF).

District staff has identified the PG&E OBF program as a viable mechanism to generate funding for energy efficiency infrastructure improvement projects.  Upon approval of the program by PG&E, the District stands to receive project funding that will pay for 100% of project costs for energy efficiency projects.  All funding provided by PG&E for upfront project costs is reimbursed by the District with energy cost savings that are realized by implementing the project over a period of time, not to exceed 10 years.  The OBF program is “Self-Funded” with energy savings and does not require the District to invest capital dollars toward the project.  In essence, the project pays for itself over time.

In October, 2019 the District engaged Syserco Energy Solutions to perform a no-cost Preliminary Facilities Assessment (PFA) to explore opportunities across District campuses where energy efficiency and infrastructure improvement cost-savings measures exist.  Syserco collected historical utility data for all schools, interviewed staff, and visited target site(s) to assess existing equipment and systems.  In conclusion, SES identified multiple opportunities where energy efficiency and cost-savings measures exist and where, if implemented, will bring significant benefits to the District.

The District is interested in utilizing a Design-Build Project Development and Implementation model to improve facility infrastructure and reduce operational costs.  California Government Code 4217 exists that enables Public School Districts to fast-track Energy Projects by directly engaging a qualified Energy Services Company for Design-Build services for energy conservation projects, under the requirement that cumulative energy savings over a period of time that is less than the useful life of the equipment installed produces a NET Positive ROI for the District. 

In addition to being a Qualified Energy Service Company (as defined by CA PUC 388-389) Syserco has been a long-time Service Provider to the District and has extensive knowledge of District facilities.  

Syserco has provided Design-Build Energy Projects for numerous Bay Area Government Agencies (Cities, School Districts and Special Districts) and has recently helped Santa Rosa City Schools secure the largest 0% Loan via PG&E’s OBF Program.

Syserco has also been pre-qualified by the State of California through a competitive RFQ process to become a California-Certified Energy Services Provider.

In order for the District to work with Syserco to design a Project that meets the criteria of CA AB 4217, and to source the financing to pay for the Project, the District needs to approve the Letter of Intent (LOI) proposal that has been submitted by Syserco which outlines the Objective of the Project Development Work.  The LOI states that Syserco, together with the guidance and assistance of District Staff, will do all the work necessary to design and develop a comprehensive Energy Services Project. Syserco will propose a final Project that meets the District’s Objectives and complies with CA GC 4217 and is inclusive of Syserco’s costs to design the Project and secure the OBF financing.  The District intends to contract with Syserco for the implementation of the ECMs.   

FISCAL IMPACT:

If Syserco develops and proposes a project that meets the Objectives outlined in the LOI and the District moves forward with Syserco to implement the project, then Syserco’s costs to develop the project will be included in the project and funded under the OBF program.

If Syserco cannot develop and propose a Project that meets the Objectives outlined in the LOI, the District pays nothing to Syserco.

If Syserco does develop and propose a Project that meets the Objectives outlined in the LOI and the District does not enter into an Energy Services Contract with Syserco, the District shall pay a Break Fee as outlined in the proposed LOI proposal.

STAFF RECOMMENDATION:

Approve proposal with Syserco and Proceed with Detailed Engineering and Final Project Development.




 
Attachments:
Resolution 21-012
Syserco Letter of Intent
11.12. Approval to Enter into an Agreement with Grainger Industrial Supply to Purchase Additional Air Purifiers
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:     John Calise, Executive Director of Facilities    
DATE:      November 4, 2020
SUBJECT: Approval to Enter into an Agreement with Grainger Industrial Supply to Purchase Additional Air Purifiers in Conjunction with the State of California NASPO Value Point Contract  and Approval of Shift within Measure I Program Budget

BACKGROUND INFORMATION:
BUSD has utilized Grainger Industrial Supply under the State of California NASPO Value Point Contract bid for the past ten years to purchase a significant portion of our maintenance supplies. On July 15, 2020, the Board approved a $325,000 expenditure for the purchase of Air Purifiers for the District. We have received an additional quote to not to exceed $70,000. To fund this purchase it requires a shift in the Measure I budget from the ending fund balance to the FF&E line.

POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
Costs to be paid from Measure I.  Shift of funds from the Fund Balance to FF&E

STAFF RECOMMENDATION:
Approve Grainger Industrial Supply to purchase air purifiers  for an amount not to exceed $70,000 utilizing the piggyback contract in conjunction with the State of California NASPO Value Point Contract. Approve shift in funds within the Measure I Program Budget. 
 
Attachments:
NASPO Value Point Master Agreement #8496
11.13. Approval of Measure I Budget Adjustment
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D., Superintendent 

John Calise, Executive Director of Facilities 

DATE: November 4, 2020  

SUBJECT: Facilities Plan Modifications:  Measure I Program Budget Adjustments


PURPOSE  

To ensure that the Measure I Program Budgets are updated and reflect current project funding requirements and current program revenue projections.  

BACKGROUND  

The Board approved the Measure I Reallocation Plan budget in January 2018.  There have been additional plan updates as noted below. On January 23, 2019, May 29, 2019, September 4th, 2019, December 11th, 2019, February 19, 2020, and April 22, 2020 there were approved modifications to this plan. On May 6, 2020 the Board approved the latest revisions to the Measure I Program Budget.  At this time, it is appropriate to consider the following modification to Measure I program budget.  Below is a high level overview of the projects that are  proposed by staff and have been vetted by the Facilities Subcommittee.  The budgets reflected on the attached worksheet represent the construction rough order of magnitude (ROM) budget approved by the Facilities Subcommittee and the soft costs associated with each project.  The budget implications can be seen on the attached Measure I Program Budget worksheet.   

  1. Create a project budget for the necessary follow-on project to the West Campus Elementary School Modernization.  This new follow-on project is to install the necessary gurney sized elevator which will satisfy the Berkeley Fire Department requirements and will also streamline operations for Nutrition Services.  Additionally, this project will address several other issues that could not be addressed during the first phase of this project due to time and procedural constraints placed forth by the approving agency (DSA).   Some of the additional scope includes window replacement throughout building A, a new courtyard gated area outside building E on Addison Street, exterior painting, replacement of skylights in building E, and the mitigation of groundwater issues beneath buildings A & B.  

  2. Update the safety and security systems at Berkeley Technical Academy.  The existing design of the facility creates Fire/Life Safety and egress impediments due to the fencing and gate design.  There is a need for additional fencing, retrofits and/or replacement to existing gates to allow for the installation of panic hardware, and additional security cameras. This project was approved by the Facilities Subcommittee on January 29, 2020.

  3. Create a CTE classroom at Berkeley Technical Academy to improve access for students to CTE and more specifically the Public Health Pathway.  This project involves the relocation of the existing library and the modernization of the library space to transform it into a CTE classroom.  This project was approved by the Facilities Subcommittee on January 29, 2020.

  4. Modernize the original Home Economics classroom (built c. 1975) that is currently used for the Growing Leaders/Entrepreneurial classroom.  This project includes the modernization of the existing space to bring the space up to current health and safety codes and standards as well as creating an environment that is designed to support teaching and learning from the program’s conceptual planning through the implementation of practice.  This project was approved by the Facilities Subcommittee on January 29, 2020.

  5. Willard Legacy – Closeout Project.  When Willard Middle School was modernized in 2015, there were several items on the project that were not closed out properly with the Division of the State Architect (DSA).  The State requires that all legacy projects are properly closed and that all aspects of the original project are properly certified with DSA.  This project was approved by the Facilities Subcommittee on January 29, 2020.

  6. Modernize the Natatorium at Berkeley High School.  The air handler (HVAC) for the natatorium is beyond its life expectancy and is in need of replacement.  Over the years, there have been issues related to the student and staff comfort as well as concerns raised in regard to the air quality of the natatorium.  Since the replacement of the air handler will require structural modifications to meet today’s code standards, facilities engaged several natatorium design experts and learned that the existing design does not support equipment longevity and, the existing design does not allow for air quality improvements.  In addition to the replacement of the air handler, this project includes a redesign of the existing air distribution system, humidity control systems, air quality improvement systems, and the necessary structural upgrades.  Additionally, since the natatorium is our largest building consumer of electricity in the District, this project also includes 350kW of Solar across Berkeley High School.  This will allow the natatorium to draw all of its needed electricity from the solar grid and not from the utility provider.  With the exception of the gas fired boilers needed to heat the pool water, this building will be the District’s first zero net energy (ZNE) building.

  7. Increase Furniture, Fixtures and Equipment (FF&E) budget by $500,000.  Due to the ongoing pandemic, the BUSD facilities department has funded equipment such as air purifiers for all classrooms and offices across the District.  This has created a strain on the FF&E budget which will affect the department’s ability to continue to replace and upgrade furniture and equipment across the District as needed.

  8. The Berkeley Community Theater project which is currently under construction has just completed the scope contained within increment #1 and increment #2 was just approved by the Board on 10/21/20.  As highlighted in the Fiscal Impact section of the 10/21/20 Board cover memo, variables discovered during the final design and bidding phase such as water table elevations, hydrostatic uplift pressure concerns and the increased standard of design mandated by the approving agency, there is a need to increase the project budget to account for these variations from the original cost estimates.  With the action of the award on 10/21/20, BUSD now has a Guaranteed Maximum Price (GMP) from the contractor and any additional changes outside of unforeseen conditions will be contained within the contingency budget.

RECOMMENDATION 

Approve the transfer of funding from the Oxford Modernization Project fund balance, to the eight project budgets listed above.   The Oxford Modernization Project remains on the project list.  Although the transfer of funds does deplete the project balance, this balance is being redirected to other projects at this time due to arbitrage considerations.  IRS Code requires that 85% of funds are expensed within 36 months of issuance.  

FISCAL IMPACT

Cost Neutral All costs are contained within Measure I.

RELATED PAST BOARD ITEMS  

None






 
Attachments:
Measure I Program Budget Summary
11.14. Approve Amended BB/E 9150: Student Board Members
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Superintendent
DATE: November 4, 2020
SUBJECT: Approval of Board Bylaws/Exhibit, 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. It is now presented for adoption. 


 
Attachments:
BB 9150
Exhibit 9150
11.15. Approve New Sweatfree Contracting Policy
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM:  Brent Stephens, Superintendent
DATE:  November 4, 2020
SUBJECT: Approval of 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 advanced to the full Board on October 21 for discussion. It is now being presented for adoption. 


 
Attachments:
BP: Sweatfree Procurement
Proposed New Policy: Sweatfree Contracting
11.16. Approval of Board of Education Meeting Minutes for August-September 2020
Attachments:
August 19, 2020
September 2, 2020
12. Discussion Items
12.1. Update on School Reopening, ElementaryWas edited within 72 hours of the Meeting
Rationale:

To:  BUSD School Board

From:  Brent Stephens, Superintendent

Date:  November 4, 2020

Re:  Discussion of BUSD's Phased Plan for School Reopening: Update on Elementary Schools

 

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. Local Shelter-in-Place orders were amended to permit middle and high schools to reopen on or after November 9, provided that schools or districts are able to conform to public health guidelines.

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. These programs are scheduled to begin at three elementary locations - Jefferson, Rosa Parks, and Malcolm X - on November 9. Staff for these programs include BUSD volunteers, and instructors from Kids Village (at Rosa Parks) and the Lawrence Hall of Science (Malcolm X).

On October 21, the Board of Education established that January 13 will serve as the district’s target date for reopening Early Childhood Education programs and grades TK-2 using a hybrid model, with a hybrid version of Grades 3-5 to reopen on January 20.

In Item 12.1 of this presentation to the Board of Education, the Superintendent and staff will update the Board on efforts to implement Phase 1 of BUSD’s plan to reopen schools, and discuss plans to engage educators, parents/guardians, and students in the refinement of a hybrid learning model. The presentation will also include an overview of current COVID-19 transmission conditions in Alameda County and the City of Berkeley.

In Item 12.2 of this presentation, the Superintendent will share with the Board for discussion a draft set of planning assumptions about the features of a hybrid program for elementary, middle, and high school. Included in this item will be a draft schedule for engaging educators, students, and families in these discussions, and target dates for the articulation of a final hybrid program at all levels. Staff will not propose a target opening date for middle and high schools at this Board meeting.


 
Attachments:
Phased Plan for Returning to In-Person Learning, November 4, 2020
12.2. Update on School Reopening, Middle and High SchoolsWas edited within 72 hours of the Meeting
Rationale:

To:  BUSD School Board

From:  Brent Stephens, Superintendent

Date:  November 4, 2020

Re:  Update on BUSD's Phased Plan for Reopening Schools: Middle and High Schools

 

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. Local Shelter-in-Place orders were amended to permit middle and high schools to reopen on or after November 9, provided that schools or districts are able to conform to public health guidelines.

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. These programs are scheduled to begin at three elementary locations - Jefferson, Rosa Parks, and Malcolm X - on November 9. Staff for these programs include BUSD volunteers, and instructors from Kids Village (at Rosa Parks) and the Lawrence Hall of Science (Malcolm X).

On October 21, the Board of Education established that January 13 will serve as the district’s target date for reopening Early Childhood Education programs and grades TK-2 using a hybrid model, with a hybrid version of Grades 3-5 to reopen on January 20.

In Item 12.1 of this presentation to the Board of Education, the Superintendent and staff will update the Board on efforts to implement Phase 1 of BUSD’s plan to reopen schools, and discuss plans to engage educators, parents/guardians, and students in the refinement of a hybrid learning model. The presentation will also include an overview of current COVID-19 transmission conditions in Alameda County and the City of Berkeley.

In Item 12.2 of this presentation, the Superintendent will share with the Board for discussion a draft set of planning assumptions about the features of a hybrid program for elementary, middle, and high school. Included in this item will be a draft schedule for engaging educators, students, and families in these discussions, and target dates for the articulation of a final hybrid program at all levels. Staff will not propose a target opening date for middle and high schools at this Board meeting.


 
Attachments:
Phased Plan for Returning to In-Person Learning, November 4, 2020
13. Information Items
13.1. Local Control and Accountability Plan (LCAP) Timeline
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Dr. Stephens, Superintendent
FROM:           Bajé Thiara, Associate Superintendent
Michelle Sinclair, Director of State, Federal, and Special Projects
DATE:          November 4, 2020
SUBJECT:     Local Control and Accountability Plan (LCAP) Timeline

PURPOSE:
According to Board Policy 0460, at a November Board meeting, the Superintendent or designee shall provide a timeline for development of, input on, review and comment by the advisory committees on, and adoption of the upcoming LCAP as well as the other dates and deadlines required by this subsection.

BACKGROUND:
The LCAP is a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. The LCAP provides an opportunity for local educational agencies (LEAs) to share their stories of how, what, and why programs and services are selected to meet their local needs. This school year a new three year LCAP plan will be developed for the 2021-2024 school years.

FISCAL IMPACT:
N/A

 
Attachments:
2020-21 LCAP Timeline
14. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:
 
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 30, 2020, 10:09 PM

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