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. 

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.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. will be given priority.        

Speakers will be randomly selected based on topic and position, with BUSD students generally given priority.  Public Testimony is limited to 30 minutes with a 3-minute limit per speaker per topic although the time allotted per speaker may be reduced to 2 minutes at the discretion of the President. 

Board members and the Superintendent are given the opportunity to address any issue.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:              November 18, 2020
SUBJECT:      Approval of Human Resources Reports

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 18, 2020
SUBJECT:      Approval of MOUs between BUSD and Universities 

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

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

• Columbia University School of Social Work
• National University
  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Dr. Brent Stephens, Superintendent
Board of Education, Berkeley Unified School District
FROM:            Shawn Mansager, Executive Director of Special Education
Bajé Thiara, Associate Superintendent
DATE:           November 18, 2020
SUBJECT: Approve Appointment to the North Region SELPA Community Advisory Committee (CAC)

PURPOSE:
Appointment of Shari Washburn as a North Region SELPA Community Advisory Committee Member Representing the Berkeley Unified School District

BACKGROUND INFORMATION:
All school districts and County Offices of Education in California join together in geographical regions in order to develop a regional special education service delivery system. A region might be a group of small districts or a large single district, but each region must be of sufficient size and scope to provide the full continuum of special education services for children residing within the region boundaries. The regions are called Special Education Local Plan Areas (SELPAs). Each SELPA has a Local Plan, based on Federal and California law and regulations, which describes how special education services are provided in the SELPA. The North Region SELPA includes Alameda, Albany, Berkeley, Emery and Piedmont Unified School Districts.

DETAILS:
Each SELPA is required to have a Community Advisory Committee (CAC), which serves only in an advisory capacity to the SELPA regarding the Local Plan. CAC members are appointed by, and responsible to, the governing board of each district participating in the Local Plan. Terms of appointment are for at least two years and are annually staggered to ensure that no more than one half of the membership serves the first year of the term in any one year. The CAC shall be composed of parents of individuals with exceptional needs enrolled in public or private schools, parents of other pupils enrolled in school, pupils and adults with disabilities, general education teachers, special education teachers and other school personnel, representatives of other public and private agencies, and persons concerned with the needs of individuals with exceptional needs.

PROCESS:
Fliers for the CAC meeting were sent out to all school sites and through a robocall in English and Spanish prior to the first meeting on October 26th, 2020. During the CAC meeting, the participants from each District clarified voting rights and  potential CAC representatives.  The BUSD parents and teachers present at this meeting chose Ms. Shari Washburn as one representative. Since then Ms. Washburn and other CAC  participants reached out to OFEE to engage and find potential additional representatives. Three PCAD members have expressed interest and once they have made a decision, additional members will be presented to the Board for appointment as CAC Representatives.

RECOMMENDATION:
Appoint Shari Washburn as one of the North Region SELPA Community Advisory Committee members representing the Berkeley Unified School District.

FISCAL IMPACT: 
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:        Brent Stephens, Ed. D., Superintendent
DATE:        November 18, 2020
SUBJECT:  Resolution No. 21-014 Declaring Annually the Month of November as Indigenous People’s Heritage Month

BACKGROUND INFORMATION:
In 1990 the United States Congress passed Public Law 101-343, which authorized and requested the President to issue a proclamation designating the month of November as “National American Indian Heritage Month.”  In 1992 the City of Berkeley replaced Columbus Day with Indigenous Peoples’ Day, setting an example now followed by over 200 cities, universities and states.

By Resolution No 21-014, Berkeley Unified School District shall annually recognize the month of November as Indigenous People’s Heritage Month, and our public schools shall promote instructional activities and celebrations honoring the history, contemporary issues and culture of the Indigenous People of the Americas, including recognition of their significant contributions in Berkeley, the Bay Area, California and the world.

POLICY/CODE:
None

FISCAL IMPACT:
None

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    November 18, 2020        
SUBJECT: Approval of Contract Modification #1 with KDI for inspection services for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION:
The Board approved a contract with KDI on October 23, 2019 to provide inspection services for the Berkeley High School Building A Theater Project.  Project Inspection is required by the Division of the State Architect.

An increase in contract is requested due to the increase in value of Increment 2, which was bid last month.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:
Contract award by this action: $256,000 to be paid from Measure I Bond Funds for a total contract amount of $868,500. All Costs are contained within the project budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    November 18, 2020        
SUBJECT: Approval of the Pre-Qualified Architect Pool for Selection on Measure G Projects Specializing in Parking Structures

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.  Three proposals were received from firms who specialize in parking structure design.  Staff screened the proposals and interviewed the three firms. The interview team included the Director of Facilities, the Facilities Planning Analyst and a Facilities Consultant.  The group narrowed the architect pool to two teams:

1. Walter P Moore;

2. Watry;

The two 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 Specializing in Parking Structures.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed.D, Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           November 18, 2020
SUBJECT: Approval of Additional Design Services for Baker Vilar Architects for the Roofing and Legacy Closeout Contracts at Rosa Parks Elementary  

BACKGROUND INFORMATION:
The Board approved two contracts with Baker Vilar Architects for services related to the Roof Repair and the closeout of the original construction project completed in 1997.  The roof repair contract is also known as Increment 1 includes a voluntary seismic upgrade, correction of roof deficiencies from the original construction along with removal, and replacement of the solar panels.  The contract for DSA closeout includes all design services related to closeout efforts including replacement panels for the elliptical canopy (Increment 2 construction contract).  This request for additional services to both contracts will address the additional design efforts related to unforeseen conditions on the roof and the canopies.

The total request for additional services in the amount of $75,000 will be split between both contracts with an allocation of $12,500 to the roofing repair contract currently valued at $214,525 and the Certification contract in the amount

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT: 
All costs are contained in the Measure AA and Measure I Bond Fund.

STAFF RECOMMENDATION:
Increase the authorization for Baker Vilar by $75,000 for the architectural services for both roof repair and DSA legacy closeout at Rosa Parks. If approved the new authorization for the Roofing Repair contract will be $227,025 and the new authorization for the DSA legacy closeout contract will be $422,500.  

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities 

DATE: November 18, 2020

SUBJECT: Accept the Completion of the Rosa Parks Temporary Housing Project and Approve Resolution Number 21-013

BACKGROUND INFORMATION 

On October 23, 2019, the Board awarded a contract with W.A. Thomas Co., Inc. to provide the site work for the installation of temporary housing on the Rosa Parks site to support the roofing project.  The temporary housing has been removed and the project is now complete. Staff requests Board acceptance of the project which will allow filing a Notice of Completion with the County and permit the release of retention. 

POLICY/CODE

California Public Contract Code 20110-20118.  

FISCAL IMPACT

The project was funded with Measure AA bond funds.  The project had change orders in the amount of 3%.

STAFF RECOMMENDATION

Accept the project as complete and approve resolution number 21-013.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    November 18, 2020        
SUBJECT: Approval of a Contract with Inspection Services, Inc. for testing services for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION:
The Berkeley High School Community Theater Project has completed soft demolition and remediation.  The construction phase of the project is about to begin.  It is required to have third party testing services for the Berkeley High School Building A Theater Project.  Scope of work includes testing of:

• Micropiles

• Reinforcing Steel

• Precast concrete

• Structural concrete 

• Shotcrete

• Structural steel, stairs, railing, deck/welding & HSB 

• Spray-applied fireproofing

• FRP, crack injection, plywood and sureboard

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:
Contract award by this action: $319,858 to be paid from Measure I Bond Funds.

RECOMMENDATION:
Approve a Contract with Inspection Services, Inc. for testing services for the Berkeley High School Building A Theater Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:     Brent Stephens, Ed.D., Superintendent
FROM:    Bajé Thiara, Associate Superintendent
DATE:         November 18, 2020 
SUBJECT:    Ratification of Memorandum of Understanding with LifeLong Medical for Rosa Parks Kids Village.  

BACKGROUND INFORMATION:
Berkeley Unified School District (BUSD) will utilize educators from LifeLong Medical Care Kids’ Village Program (hereinafter, “LifeLong”, “Kids’ Village”, “KV”, or “Kids’ Village Instructors”) to supervise and support BUSD & Kids’ Village-created bubble groups (ie., small cohorted groups) of students from Rosa Parks elementary school to engage with:1) their BUSD distance learning schedules and assignments, 2) Daily breakfast, snack, lunch, and recess supervision of designated cohort, and 3) provided weekly enriched projects with cohort. Duration of contract is November 5, 2020 to January 29, 2021 with the opportunity to add weeks and extend this agreement into 2021 if both BUSD and LifeLong Medical Care Kids’ Village give approval.

Funding for Rosa Parks Kids’ Village Afterschool Program comes from two sources: After School Education and Safety (ASES) grant and parent fees. The grant amount is based on meeting student attendance figures.  .Kids Village is being funded using Loss Mitigation Funds

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund. The proceeds of $53,742.59 will be paid by Loss Mitigation Funding.

STAFF RECOMMENDATION:  
Approve payment to Rosa Parks Collaborative/LifeLong Medical Center for the Rosa Parks Kids Village for school year 2020-21.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant SuperintendentBusiness Services
DATE:         November 18, 2020
SUBJECT: Approve Listing of Warrants issued in October 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 October is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$8,424,324.67for the month of October 2020 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         November 18, 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#210738 to McMillian Systems, to install security equipment at Oxford at West Campus and West Campus Parking Lot.The Board originally approved $37,727 on 4/15/20 and $57,727 on 5/6/20. The additional amount needed is $12,000 for a total amount of $64,727. To be paid from Measure I. Requested by John Calise.
• 2.Increase in contract, PO#210622 to Megan Farrell to provide services as the Interim Title IX Coordinator until a new Coordinator has been selected.  The Board originally approved $15,535 on 9/16/20.  The additional amount needed is $33,000 for a total amount of $48,535. To be paid from General Fund.  Requested by Brent Stephens.
• 3.Bay Area Community Resources to provide one program manager, one site coordinator and two instructors for two bubble group at Jefferson Elementary School.  The cost will not exceed $36,455.  To be paid with GEER funds.  Requested by Mary Cazden.
• 4.Increase in contract, PO#210904 to R.T.Fisher to provide two additional Principal Leadership Circles for Family Engagement for the 2020-21SY. Original contract issued 11/5/20 for $5000. The additional amount needed is $5000 for a total amount of $10,000. To be paid from GEER funds. Requested by Ann Callegari.
• 5.Ratification of contract with Leadership Associates, to provide the Superintendent advisement services for the 2020-21SY. The cost will not exceed $11,000. To be paid from General Funds. Requested by Brent Stephens.
• 6.Lisa Zeiler to provide Character Development Enrichment Program at Thousand Oaks Elementary for the period from 9/14/20 – 6/4/21. The cost will not exceed $13,800. To be paid from General Fund. Requested by Jacqueline Parker.
• 7.Ratification of contract with Strategies for Learning, Inc. to provide instructional remediation sessions for Special Education Department for the period from 7/1/20 – 6/30/21. The cost will not exceed $21,000. To be paid from Special Ed Fund. Requested by Baje Thiara.

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

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

BERKELEY UNIFIED SCHOOL DISTRICT                    

TO:             Brent Stephens, Ed. D., Superintendent
FROM:       Jay Nitschke, Director of Technology
DATE:       November 18, 2020
SUBJECT: Student Information System Replacement

BACKGROUND INFORMATION:
Illuminate Education publishes two software suites used by Berkeley Unified. ISI (Illuminate Student Information) is the Student Information System product, and DnA (Data and Assessment) is a suite for giving assessments, as well as maintaining and analyzing assessment data.

The primary duties of a student information system (SIS) are to maintain a record of grades, discipline and attendance. Included in these features are master scheduling to create class schedules, CALPADS reporting to the state in 6 data sets each year, and ADA and other attendance processes including SARB/SART.

Illuminate Education has determined that it wants to focus on its DnA product, which is used by many California districts, and other districts across the country, and so announced 16 months ago that it was stopping the maintenance and sales of their ISI product after the 2020-21 school year.

Berkeley Unified has been evaluating other SIS during this period. The results of reviewing several processes including those run by the Santa Cruz COE, Fremont Unified, Monterey Peninsula, and others districts identified the top three contenders: Aeries, Infinite Campus, and Synergy (EduPoint).

The district invited each vendor to give seven one-hour-long presentations on their products to subject matter experts in BUSD. For example, secondary teachers evaluated the gradebook products, and Admissions staff evaluated the online registration product. More than 60 BUSD staff participated in the presentations. The seven topics were:

•       Session 1:  Scheduling (master schedule/walk-in schedule) 
•       Session 2:  Behavior, discipline, counseling, RTI, Special Education
•       Session 3:  Online Enrollment (for enrolling new and/or continuing students)
•       Session 4:   School Office (Attendance, Immunizations, Emergency Forms, etc.)
•       Session 5:  Additional/Optional Systems, Reporting, CALPADS
•       Session 6:  Teacher Gradebook / Parent Portal including both high school and the middle school HOW/SBP gradebook
•       Session 7: Conversion process from Illuminate, training plan, SQL capabilities, price, etc

All three vendors  are capable, as evidenced by their wide market share. Looking at previous SIS transitions in the last year, many districts have chosen Infinite Campus or Synergy. The table below reflects the scoring of each vendor’s project. Staff is recommending that Infinite Campus be selected from among the three contenders.

FISCAL IMPACT:
Approving this recommendation commits $61,700 of current year funds, and $101,154 in the 2021-22 school year. Pricing is set at $101,154 for the 2022-23 school year, and $120,694 in the 2023-24 school year and subsequent years. The district can cancel the contract with or without cause at any time with 30-day written notice. The district was invoiced $60,631.98 for Illuminate ISI for 2020-21. The 2021-22 budget will require an additional expense of $40,522.02 for the SIS.

STAFF RECOMMENDATION:
Approve the staff recommendation to select Infinite Campus as the Student Information System for Berkeley Unified for 2021-22.

To:  BUSD School Board

From:  Brent Stephens, Superintendent

Date:  November 18, 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.

On November 4, the Board of Education heard an update on elementary reopening plans, including the launch of the distinct’s first phase of school reopening: a set of small strictly cohorted groups of students on three elementary campuses.

In this presentation to the Board of Education, the Superintendent and staff will update the Board on last week’s Phase 1 of BUSD’s plan to reopen schools; discuss plans to engage educators, parents/guardians, and students in the refinement of a hybrid learning model; and share elements of the district’s current plans for hybrid learning.

The presentation will also include an overview of current COVID-19 transmission conditions in Alameda County and the City of Berkeley, which have doubled since early October.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: November 18, 2020

Re: Policy: Transgender and Gender Nonconforming Students

This evening, the Board of Education will discuss for the first time a policy on Transgender and Gender Nonconforming Students. The policy was discussed on the following dates at the BUSD Policy Subcommittee meeting:

• First Discussion, September 10, 2020

• Second Discussion, October 8, 2020

• Third Discussion and Action, November 12, 2020

The policy has been reviewed by BUSD staff members, organizations that advocate for LGBTQ youth, and students at Berkeley High School.

The purpose of this policy is: 

(1) to foster an educational environment from PreK through Adult Education that is safe, welcoming, and free from stigma and discrimination for all students, regardless of gender identity or expression, 

(2) to facilitate compliance with local, state and federal laws concerning bullying, harassment, privacy, and discrimination, 

(3) to ensure that all students have the opportunity to express themselves and live authentically.

To: Board of Education

From: Brent Stephens, Superintendent

Date: November 18, 2020

Re: Update on the June 10, 2020 Resolution in Support of Black Lives Matter

At the June 10, 2020 Berkeley Unified School District Board of Education meeting, the School Board unanimously passed Resolution 20-064, In Support of Black Lives Matter. 

Noting that Black Lives Matter protests have swept the nation as demonstrators demand justice in response to the killings of George Floyd, Breonna Taylor, Ahmaud Arbery and far too many other Black Americans to list, the Resolution In Support of Black Lives Matter includes the following action steps:

• Develop Resources for Educators to be embedded in professional development as integral components of the District’s work with teachers in all subjects;

• Develop Resources that Focus on the Well-Being of Black Families – for the purpose of contributing to the ongoing need for healing;

• Launch a Black Joy Campaign – to celebrate the full experience of Black students, families, staff, and community members;

• Support Black Lives Matter At School Week – February 1-5, 2021;

• Display a Black Lives Matter Banner in the Board Chambers;

• Initiate a School Renaming Process for Jefferson and Washington Elementary Schools in accordance with the District’s policies;

• Create Excellence and Equity at Longfellow Middle School through a review of resources, procedures, and other forms of support for Black students;  

• Proactively Identify Class and Cultural Biases – this includes practices, policies, and institutional barriers that negatively influence student learning, perpetuate achievement gaps, and impede equal access to opportunities for all students in order to eradicate institutional bias of any kind;

• Strengthen and Document a Commitment to Racial Justice – this includes not only addressing the symbols of institutional racism and white supremacy, but also to proactively identify and address biases, practices, policies, and institutional barriers that perpetuate injustice and inequality in our schools and our community; and deliver quarterly reports on progress.

At this meeting, BUSD staff will provide an update to the Board of Education on the implementation of this resolution.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       November 18, 2020
SUBJECT:     Draft School Year Calendar 2021-2022

BACKGROUND INFORMATION:

The District Staff have drafted a calendar for the 2021-2022 school year. Bargaining groups have been consulted to mitigate any foreseen impact. This calendar has no fiscal impact on the district.

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.