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. 

The Board may recess into Closed Session before or after the public meeting under the authority of the Brown Act (including but not limited to Government Code section 54954.5, 54956.8, 54956.9, 54957, 54957.6, as well as Education Code section 35146).  Under Government Code section 54954.3, members of the public may address the board on an item on the Closed Session agenda, before Closed Session.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:              December 9, 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:       December 9, 2020
SUBJECT:     Approval of Position Control Update Report

BACKGROUND INFORMATION:

On a regular basis, staff presents a Position Control Report listing actions that increase, decrease, or change the funding of positions in the District for the Board to approve officially. The first report was brought to the Board for approval on November 4, 2020 to establish a common understanding of the positions that were established as of October 30, 2020. An update report will be presented to the Board for approval whenever changes occur.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:        Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:        December 9, 2020
SUBJECT:      School Year Calendar 2021-2022

BACKGROUND INFORMATION:

The District Staff is recommending approval of the 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent for Human Resources
DATE:          December 9, 2020
SUBJECT: Appointment of Personnel Commissioner - Union's 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 Council of Classified Employees (BCCE) is nominating Timothy Davis as its appointment to the Personnel Commission. Mr. Davis's term will be January 2021-December 2024. The term of BCCE's current appointee, Timothy Carter, expires December 2020.

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

FISCAL IMPACT:
None

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Superintendent
FROM:        Baje Thiara, Associate Superintendent, Educational Services
DATE:        December 9, 2020
SUBJECT:  Approval of MOU with R.T. Fisher

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.

R.T. Fisher Educational Enterprises, Inc will work with Berkeley Unified School District (BUSD) to Develop the African American Success Framework, the African American Community Advisory Council and strategic academic intervention and STEM STEPS curricular enrichment student services including:

• Plan Development planning & meetings
• Comprehensive assessment of current District/School-wide efforts
• District-wide listening campaign
• Development of strategic action plan
• Community-wide forum
• Expansion of summer STEM Steps program to pilot an academic and mentoring school year model to support for up to 20 students per grade leave (4^th -8^th grade for a total of 80 students

• Targeted math and ELA intervention supporting 4^th-8^th grade, 8^th-9^th grade transition, vertical alignment with K-9 for up to 30 students per grade level 5^th -8^th grade for a total of 120 students
• Academic mentoring & case management for selected students for up to 20 students per grade level 5^th -8^th grade for a total of 80 student
• Comprehensive progress monitoring and data analysis
• Student and instructor intervention curricular resources and materials for 4^th through 8^th grades,

Amount not to exceed $231,100. 

$ 85,000 BSEP

$ 66,100 LCAP/COVID

$ 80,000 BPSF Grant

STAFF RECOMMENDATION:
Approve the contract with R.T. Fisher as submitted

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Ed. D., Superintendent
FROM:          Shawn Mansager, Executive Director of Special Education
DATE:           December 9, 2020
SUBJECT:      Approval of Master Contract for Residential Treatment Center for 2020-2021 School Year

BACKGROUND INFORMATION:
The District contracts with residential nonpublic and private schools, when necessary to provide an appropriate placement, special education, residential treatment and/or related services if no appropriate public education program is available.  For students requiring residential treatment, the cost is for tuition for the educational program and services, room and board, and mental health treatment.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services. 

A Residential Treatment Center (RTC) provides students with a high-quality of care to support student’s mental health needs that require a full continuum of care. A student may require residential treatment when available school and community-based resources have been exhausted and have not successfully addressed the student's needs. From time to time the District seeks placement in a setting that is not certified by the California Department of Education due to the unavailability of an appropriate setting.  There is a history this placement has provided FAPE to previous students from other LEAs.

Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in residential nonpublic schools are deemed enrolled in public schools.

The student was discharged from Discovery Ranch for Boys in Utah. $138,240 was released from Discovery Ranch contract to use towards contract for this new placement.

POLICY/CODE:
Education Code 56034, 56366         

FISCAL IMPACT:
Not to exceed $117,725.00 from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the Master Contracts for the Residential Treatment Center listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         December 9, 2020
SUBJECT: Approval of Payroll Warrants Issued in October 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 October 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,229,360.09, for October 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in October 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         December 9, 2020
SUBJECT: Approval of Payroll Warrants Issued in November 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 November 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$9,356,614.11, for November 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in November 2020.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         December 9, 2020
SUBJECT: Approve Listing of Warrants issued in November 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 November is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$7,908,408.94 for the month of November 2020 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent Business Services
DATE:             December 9, 2020
SUBJECT:      Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

1. Berkeley High School Development Group donated $649.24 towards teacher professional development BHS technology.
2. Fremont Bank Foundation donated $30,000 to BUSD for Covid-19 Education Grant.
3. Rosa Parks PTA donated $24,698.to SSC Grant.
4. Berkeley Public School Fund donated $124.05 to pay for teacher Eric Huang for work he did to crate training videos for volunteers.
5. Berkeley Public School Fund donated $620.26 to pay for “Strategies & Methods to Improve Math Learning” Year 2”
6. Blackbaud Giving Fund donated $2800. To Malcolm X School Principal’s discretionary fund.
7. Berkeley High School Development Fund donated $6,600. to VAPA clinician Stipends 2020.

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 $ 65,491.55 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         December 9, 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. Berkeley Symphony Orchestra to provide Music in the Schools program to BUSD elementary schools for the period from 10/1/20 - 6/14/21. The cost will not exceed $10,000. To be paid from BSEP Music, Visual & Performing Arts Fund. Requested by Peter Gidlund.

2. Jamal Williams to provide conflict resolution and restorative practices training to staff and support for students at Washington Elementary School for the period from 10/15/20 - 6/30/21. The cost will not exceed $15,000. To be paid from Restricted Donations. Requested by Katia Hazen.

3. Increase in contract, PO#210125 to Airteks to provide mechanical replacement and repair services for the District.The Board originally approved $25,000 on 6/10/20.The additional amount needed is $20,000, for a total amount of $45,000. To be paid from Measure H.Requested by Steve Collins.

4. Increase in contract, PO#210015 to Calco Fence to provide fence replacement and repair services for the District.The Board originally approved $25,000 on 6/10/20. The additional amount needed is $20,000, for a total amount of $45,000. To be paid from Measure H.Requested by Steve Collins.

5. Increase in contract, PO#210014 to Bay Area Tree Care to provide tree trimming and maintenance services for the District.The Board originally approved $25,000 on 6/10/20.The additional amount needed is $20,000, for a total amount of $45,000. To be paid from Measure H.Requested by Steve Collins.

6. Increase in contract, PO#210623 to Emergency Preparedness Group to provide Covid-19 risk management consulting services for the District.The Board originally approved $38,400 on 8/19/20.The additional amount needed is $59,200, for a total amount of $97,600. To be paid from Learning Loss Mitigation Fund.Requested by John Calise.

7. Increase in contract, PO#210450 to Stormwater Specialists to provide stormwater management for the West Campus Capacity Inc 1 Project. Original contract issued 8/12/20 for $5850. The additional amount needed is $7310, for a total amount of $13,160.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.

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: December 9, 2020

Re:  Resolution 21-020 in Support of Expedited COVID-19 Vaccinations for Educators

Given the unique and critical role that our K-12 public education system plays in the functioning of our community, society, and our democracy, it is critical that teachers and classified staff be prioritized in the first tier of essential workers who are given access to an approved COVID-19 vaccine. If public school personnel are relegated to a later phase of vaccine priority, the ripple effects of school closures will be intensified and prolonged. If, on the other hand, public school personnel are prioritized in the distribution of a safe and effective vaccine, one of the significant challenges to reopening schools, and keeping them open, will be diminished or eliminated.

This resolution by the BUSD Board of Education calls on local, state, and federal officials to include all certificated and classified school personnel as a top priority following healthcare workers and long-term care residents, for access to a COVID-19 vaccine as soon as it becomes available.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    December 9, 2020        

SUBJECT: Approval of a Contract with HY Architects for architectural services for the B-Tech Safety & Security and CTE Growing Leaders Project

BACKGROUND INFORMATION

On November 4, 2020, the Board approved a project budget for B-Tech Safety and Security in the amount of $1,015,000.  The scope of the project will include fencing, new gates, hardware and security cameras.

Additionally, the Board approved a project budget for B-Tech CTE Public Health Pathway on November 4, 2020 in the amount of $1,700,000.  The scope of the project will include renovation of the library into a cooking classroom, to install casework, shelving and other finish improvements in the existing art classroom and the conversion of the existing site kitchen into a pantry and office.

Architect and engineering services will be provided for Schematic Design, Design Development, Construction Documents, permitting through the Division of the State Architect, Construction Administration and Closeout.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $230,000 to be paid from Measure I Bond Funds.  All Costs are contained within the Measure I project Budget.

RECOMMENDATION

Approve a Contract with HY Architects for architectural services for the Safety & Security and CTE Growing Leaders Project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    December 9, 2020        

SUBJECT: Approval of Contract Modification #2 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 was to provide storage for pianos and other items for the theater for two years. Contract modification #2 is to move theater equipment into the District storage unit on Dwight Way as space becomes available.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $15,202 to be paid from Measure I Bond Funds for a total contract amount of $184,220.

RECOMMENDATION

Approve Contract Modification #2 with Crown for moving services for the Berkeley High School Building A Theater Project.  All costs are contained within the Measure I project budget.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    December 9, 2020        

SUBJECT: Approval of Contract Modification #8 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.  Contract modifications become necessary as new findings and test results are made available.

Modification #8 is to provide air monitoring and soil samples as outlined in the Soil and Groundwater Management Plan during construction.  

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $39,000 to be paid from Measure I Bond Funds for a total contract amount of $195,625.  All costs are contained within the Measure I project budget.

RECOMMENDATION

Approve Contract Modification #8 with Terracon for environmental 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:    December 9, 2020        

SUBJECT: Approval of the Pre-Qualified Landscape Architect Pool for Selection on Measure G Projects 

BACKGROUND INFORMATION

With the passage of Measure G, it is required to qualify landscape architects.  On August 13th, a Request for Qualification (RFQ) was issued.  Proposals were due on September 17, 2020.  Four proposals were received from firms who specialize in landscape architecture.  Staff screened the proposals and interviewed firms. The interview team included the Executive Director of Facilities, the Facilities Planning Analyst and a Facilities Consultant.  The group selected the landscape architect pool to include:

1. Bay Tree Design;

2. Carducci;

3. Groundworks;

4. Verde Design

The four 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 Landscape Architect Pool for Selection on Measure G Projects.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities 

DATE: December 9, 2020

SUBJECT: Accept the Completion of the West Campus Parking Lot and Approve Resolution Number 21-017

BACKGROUND INFORMATION 

On June 24, 2020, the Board awarded a contract to CWS Construction Group, Inc. to install access controls and barriers to ensure BUSD staff have access to parking.   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 the 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 9%.

STAFF RECOMMENDATION

Accept the project as complete and approve resolution number 21-017.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities 

DATE: December 9, 2020

SUBJECT: Accept the Annual Developer Fee Reports and Approve Resolution Number 21-016

BACKGROUND INFORMATION 

On February 8, 2017, the Board had levied statutory and/or other fees imposed on new development (“Developer Fees”) pursuant to Resolution No. 17-051.  This resolution was adopted under the authority of Education Code section 17620, et seq. and Government Code section 65995, et seq. The District has received and expended Developer Fees in fiscal years 2017-2018, 2018-2019, and 2019-2020 in connection with school facilities. 

At the end of FY19-20, there was a fund balance within Fund 25 of $2,578,077.63.  Developer fees are restricted dollars that can only be spent to “Accommodate student growth and maintain existing levels of service”.  Loosely translated, this means that these funds cannot be spent on items such as FF&E, salaries, support items and are very restrictive to the types of modernizations they can fund.  For this reason, the Facilities Department has allowed this fund to grow over several years so they can be allocated in full on projects that will have a meaningful effect on the BUSD community.  Currently, there are several projects in consideration to be discussed with the Facilities Subcommittee early next year and then be brought to the Board for consideration. Each of these projects will meet the restrictive criteria as set forth by Ed Code.

POLICY/CODE

Education Code section 17620, et seq. and Government Code section 65995  

FISCAL IMPACT

None

STAFF RECOMMENDATION

Accept and approve resolution number 21-016

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: December 9, 2020

SUBJECT: Authorization for Facilities Budget Expenditure

BACKGROUND INFORMATION 

In a continued effort to support BUSD’s commitment to sustainability, the Facilities Division along with key stake holders have been working to design and implement Outdoor Learning Environments.  These Outdoor Learning Environments (OLEs) are designed to be used as voluntary outdoor teaching and learning areas and align with the Green Schoolyards of America initiative.  OLEs are designed to be open air temporary structures that provide cover from the elements and have a variety of modular and green materials used for seating and to support teaching and learning.  

While Staff has been working towards this initiative for some time with the Green Schoolyard concept as the driving factor, it is now staff’s belief that these OLEs can be used as voluntary spaces to facilitate teaching and learning in an open air environment.  This open air environment can be used on a voluntary basis within our existing cohorts at Malcolm X, Rosa Parks, and the school formerly called Jefferson Elementary School.  Additionally, staff would like to install OLEs at West Campus since this was approved as a site to host additional cohorts of students.  

The budget for this project includes all materials necessary to procure and install the shade structures and all ancillary support items required to set up at total of 4 OLEs at each of the 4 elementary sites listed above as well as 3 OLEs at both Franklin and King CDC’s  

FISCAL IMPACT

The cost for procurement and installation is estimated to be $4,200 - $6,000. per OLE.  Total estimated cost to be between $84,000. - $120,000.  All costs will be contained within a new project budget and the costs will be shared between Fund 25 and the Measure I FF&E budget line.

STAFF RECOMMENDATION

Approval of facilities budget expenditure.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: December 9, 2020

SUBJECT: Authorization to Approve a Change Order for the West Campus Project Increment #2 and Approval of Futility Resolution 21-018

BACKGROUND INFORMATION

On February 19, 2020, the Board awarded a contract to CWS Construction Group, Inc.  The project provides improvements to the auditorium and ancillary spaces.

The project is not yet complete.  The bid was awarded for a total of $6,732,000: $6,120,000, contract amount with an allowance of $612,000.  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 that are driving these change orders are related to a variety of issues and unforeseen conditions that include but are not limited to the following items:

• Deficiencies in the mechanical systems that support both increment 2 of West Campus as well as the Administration Building on Bonar Street

• A significant amount of Asbestos Containing Building Materials (ACBM’s) that were discovered during the construction.  Although the complete abatement was not required, in the interest of the overall health and safety of students and staff, the decision was made to perform the necessary remediation

• A significant amount of dry rot was discovered in several structural systems during the demolition phase.  This dry rot had to be addressed to ensure a safe building environment for students, staff and community members.

• Structural deficiencies were discovered in the lighting system above the house seating which posed a significant danger to theatre occupants.  These systems are being upgraded to ensure a safe environment for students, staff and community members.

• Theatre production equipment was not included in the original scope of the project.  Since this theatre is intended to be used as a flex space for the Berkeley Community Theatre during construction, an additional theatre space for the BUSD community, and the auditorium/theatre for West Campus, the decision was made that it would be more efficient to fully equip the theatre at this point in time with the necessary production equipment. 

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 will return to the Board when the project is recommended for acceptance.       

STAFF RECOMMENDATION

Approve the attached Futility Resolution Number 21-018.    

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed. D., Superintendent
FROM:           John Calise, Executive Director, Facilities
DATE:            December 9, 2020
SUBJECT:     Approve Appointments to the Measure G Citizens’ Bond Oversight Committee

BACKGROUND INFORMATION: 

On April 22, 2020, the Board approved a resolution declaring the election results for Measure G.  In a separate document we have included the Measure G by-laws which includes the previous bonds Measure I and Measure AA for oversight until they are fully expended. One of the requirements of Proposition 39 is that the Board of Education must appoint a Citizens’ Bond Oversight Committee within 60 days of posting election results in its meeting minutes.

Here is appointment list for the Committee:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: December 9, 2020

SUBJECT: Acceptance of the Joint Use Agreement Between BUSD and the City of Berkeley and Approval of Resolution # 21-019

BACKGROUND INFORMATION 

The current Joint Use Agreement between the City and BUSD that covers pools and parks and has been in place since 1991 will expire on December 31, 2020. A separate agreement for the use of the Martin Luther King Junior Youth Services Center (MLK-YAP) expired in 2019 and is currently in holdover status. A new agreement is needed for BUSD and the City of Berkeley to jointly use facilities. BUSD and City staff have been meeting consistently over the last eight months at the direction of the BUSD Governing Board and the City Council to finalize the details of this Agreement. The proposed new agreement for the use of City Parks and BUSD elementary school playgrounds, pools, and the MLK-YAP center will establish a new Joint Use Agreement between the two entities.  

Multiple facilities covered in the expiring 1991 agreement are no longer applicable because either the City has ceased to operate particular facilities or they have been repurposed by BUSD. The remaining facilities that are covered by this new Agreement are properties owned by BUSD and operated and maintained by the City of Berkeley. These properties include three pool sites (King, West Campus, and Willard), two parks (King and Thousand Oaks), and six elementary school site playgrounds that were jointly funded by BUSD and the City. This new Agreement covers these pools, parks and the MLK-YAP facility site.

RECOMMENDATION

Adopt a Resolution executing a Joint Use Agreement between the Berkeley Unified School District (BUSD) and the City of Berkeley (City) for use of BUSD playgrounds, pools and buildings and City park facilities.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Superintendent
DATE: December 9, 2020
SUBJECT: Policy: Transgender and Gender Nonconforming Students

On November 18, the Board of Education discussed for the first time a policy on Transgender and Gender Nonconforming Students. The policy was also 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.

This new policy is now being presented for adoption. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent
FROM: Baje Thiara, Associate Superintendent, Educational Services
DATE: December 9, 2020
SUBJECT: Approval of Amended MOU with Lifelong Medical for Rosa Parks Kids’ Village

BACKGROUND INFORMATION:
On November 18, 2020, the Board Approved an MOU with Lifelong Medical Kids’ Village to provide Instructors to supervise and support Rosa Parks’ bubble groups in the amount of $53,742.59.  Lifelong Medical Kids’ Village and BUSD agreed to add one Lifelong Medical instructor 32 hours per week starting on 11/30/20 at an additional cost of $7,743.34 for a new total of $61,485.93.

POLICY/CODE:
None

FISCAL IMPACT:
There is no impact on the General Fund.  The proceeds of the additional $7,743.34 will be paid by Loss Mitigation Funding.

STAFF RECOMMENDATION:
Approve the amended contract with Lifelong Medical Kids’ Village for school year 20-21. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                      Board of Education
FROM:                 Brent Stephens, Ed.D., Superintendent
PRESENTERS:   Natasha Beery, Director of BSEP and Community Relations
Grace Kong, Naming Advisory Committee Facilitator
DATE:                December 9, 2020
SUBJECT:         Recommendation for Renaming Jefferson Elementary School

BACKGROUND INFORMATION:
Following Board Resolution No. 20-064, and in accordance with Board Policy and AR 7310, the Superintendent’s Naming Advisory Committee (NAC) is making a recommendation for a new name for the former Jefferson Elementary School for Board discussion and possible decision.

The Naming Advisory Committee is pleased to recommend that the elementary school formerly known as Jefferson be given the name Ruth Acty Elementary.

A Local Hero

Ruth Acty was the first teacher of color in Berkeley Unified School District. This inspiring educator, who dedicated nearly 50 years of her life to teaching students from Kindergarten through Adult School, has been described as “a tenacious, committed, dedicated, caring and loving educator, trailblazer and history maker.^[1]”  

Ruth Acty’s importance to the history of Berkeley schools has long been recognized, including earlier proposals as an eponym for a school facility.  In 1998, when Ruth Acty passed away at the age of 85, the program for her Celebration of Life included many tributes from her former students, and remarks by many community leaders, including Robert L. Haynes, senior curator of the African American Museum and Library^[2] who stated, “Miss Ruth Acty’s significance in the history of the Bay Area is unparalleled. She represents the best in excellence, elegance, refinement, commitment, determination, perseverance and persistence. She was a superior mentor and role model for planning and reaching goals, despite the odds.”  A biography is included in Appendix A, and articles provided by the Berkeley Historical Society for additional insights about her form Appendix B. 

In 2018, as the community of the school formerly known as LeConte Elementary was rediscovering local heroes; while “Sylvia Mendez” was ultimately chosen, the name “Ruth Acty” was the second most popular name, and many in the wider Berkeley community had continued to hope for a way to recognize the importance of Ruth Acty’s excellence, perseverance, and crucial role in blazing a path for teachers of color.

In 2020, with the renaming of Jefferson Elementary, there were seven top names proposed for school learning and community engagement, and the name “Ruth Acty” rose to the top 3 names for every group: students, staff and parent/guardians. A description of the community engagement process is included in Appendix C, and  summary of input is included in Appendix D.

Connections to Many Inspiring Stories

During school meetings, classroom discussions, thought exchanges and polls, many community members expressed the desire to lift up the story of a role model, a woman of color who persevered and exemplified excellence, an educator as someone worthy of recognition, and a unique name that is deeply tied to Berkeley history, and the name “Ruth Acty” answered that call.

At the same time, the community engagement process provided a meaningful opportunity to uplift many stories that exemplify core values of equality, excellence, community service, and perseverance, There are powerful intersections among the top seven names that were considered for renaming the school - Betty Reid Soskin, Ruby Bridges, Ruth Acty, Ruth Bader Ginsburg, Maya Angelou, Mukwema Ohlone, and Yoshiko Uchida.

For example, Ruth Acty began working in Berkeley in 1943, after initially experiencing discrimination in hiring in 1939 due to her race, at the same time that Yoshiko Uchida was experiencing the overt racial discrimination against Japanese Americans that lead to the unjust incarceration of her entire Berkeley family, who were sent from Tanforan to Topaz in 1942. During World War II, Ruth Acty worked days as a school teacher, but to make ends meet, she also worked evenings in the Richmond shipyards, which connects her life story to Betty Reid Soskin. Along with Betty Reid Soskin, Ruth Acty recognized that “what we remember is based on who is doing the remembering,” as in 1984 she co-produced with Maggie Gee a book called "Looking Back at Berkeley: A Pictorial History of a Diverse City" in which the life and contributions of Black, Asian and Hispanic/Latinx members of the community were highlighted.

Ruth Acty’s career also spanned the period of school integration in the 1960’s, when Ruby Bridges was part of the national story. She was an active member of the NAACP and said, “whatever group was trying to break down segregation, I was a part of it.” She joined the Church of The Fellowship of All Peoples, the nation’s first interracial, intercultural, interfaith church, where she organized the choir. Ruth Acty shared Maya Angelou’s passion for the spoken word, theatre and activism. Her stated philosophy that “there will be a way” resonates with Ruth Bader Ginsburg’s determination to forge ahead beyond obstacles and fight for justice.

The Committee has heard and discussed manyl ideas for “carrying the learning forward” about other names that were considered during the renaming engagement process, so that the inspiration and educational opportunities do not end with the selection of a new school name. Please see Appendix E for a list of suggestions. One suggestion, which would require Board approval, is to rename the school meeting room, now simply called the auditorium / cafetorium, “Sequoia Hall” to honor the 2003-2005 effort to rename Jefferson School, and that could be approved tonight along with the school name change. Another suggestion that could eventually require Board approval would be the creation of a mural at the school which reflects all of the top seven names, but there is not yet a detailed proposal for that option. Another consideration is the possibility of further engagement with local tribal representatives about the ways in which indigenous history and presence is reflected in our schools, including in our District curriculum, with the potential for a later naming opportunity.

SUMMARY
The name Ruth Acty Elementary School uplifts an enduring, inspiring and meaningful local story, reflects community values, adds the name of an educator and another woman of color to our family of school names, and is strongly supported by school staff, students and families.

STAFF RECOMMENDATION

1.     Board approve the recommendation of the name “Ruth Acty Elementary School”

2.     Board approve the recommendation of the name “Sequoia Hall” for the auditorium

3.     Staff continue engagement with tribal representatives regarding indigenous representation in curriculum and our schools

FISCAL IMPACT:
Estimated cost of new school signage is $25,000. Other costs include staff time for systems implementation, as described in Appendix F.

ATTACHMENTS

Appendix A:  Ruth Acty Biography

Appendix B:  Berkeley Historical Society Articles

Appendix C:  Learning About Top Seven Names

Appendix D:  Summary of Community Input

Appendix E:  Carrying the Learning Forward

Appendix F:  Name Change Implementation Steps

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Dr. Stephens, Superintendent
FROM:      Bajé Thiara, Associate Superintendent
Shawn Mansager, Executive Director of Special Education
PRESENTERS:    Shawn Mansager, Executive Director of  Special Education
Dr. Phillip Shelley, Director of Student Services
Debbie Dean, Director of TK-8 Schools
DATE:                   December 9, 2020
SUBJECT: Comprehensive Coordinated Early Intervention Services (CCEIS) Plan

Purpose:  Action Item- Approval of CCEIS Plan-  To present  the process, feedback collected from the various stakeholder groups and to review the root cause analysis that led to the development of the Comprehensive Coordinated Early Intervention Services (CCEIS) plan.

Background
BUSD has been identified by the California State Department of Education (CDE) among 140 districts statewide as having a significant overrepresentation of certain cultural/ethnic groups in special education (or the disciplinary system) for three consecutive years.  For our district in particular, the group is African American/Black students within the categories of Specific Learning Disability, Other Health Impairment, Specific Learning Disability and Overall.  To address this issue, CDE requires each district to set aside 15% of its special education funds create a Coordinated Early Intervening Services Plan (CCEIS Plan) to address the significant disproportionality as well as to monitor the progress of general education to possible special education during the 27-month funding cycle.

The purpose of the CCEIS plan is to improve academic outcomes for the identified group in general education and to decrease the overrepresentation into special education. In this case, African American/Black students are the identified group.  Though we are not significantly disproportionate for Latinx students we have chosen to provide case management in this plan for a subset of students as well due to patterns in the data that may suggest future disproportionality. 

There are four phases to the CCEIS Process: Phase 1: Discovery (Listening, Understanding and Observing), Phase 2:  Data Exploration and Root Cause Analysis, Phase 3: Plan for Improvement , Phase 4: Implementing, Evaluation and Sustaining  (January and Ongoing):

Over the last several months our Leadership and Core Team has completed Phase 1-3 by completing careful data analysis and interviewing  multiple stakeholder groups including AA Families and Students, General Education and Special Education Teachers, School Psychologists, Instructional Assistants, Principals, Central Administrators,  Lit/RTI Coaches and Family Engagement Specialists  to determine the root cause of our disproportionality and come up with strategies to implement in Phase 4. 

Next Steps:

•       December 15, 2020 Submission of CCEIS plan to CDE for review and approval
•       December 2020- February 2021 CDE Review Process
•       February - March 2023 Implementation of CCEIS Plan

FISCAL IMPACT:
$277,126.00

STAFF RECOMMENDATION:
Request the Berkeley Unified School District Board of Education take action to approve the CCEIS Plan

LINK to DRAFT CCEIS PLAN

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            December 9, 2020
SUBJECT:     Approval of First Interim Budget Report 

BACKGROUND INFORMATION:
Staff has prepared the First Interim report in compliance with Education Code EC 42131 (a)(1) requirements and AB1200. The First Interim Report covers the reporting period ending October 31, 2020. The report is required to be approved by the governing Board no later than 45 days after the close of the reporting date to determine whether or not the District is able to meet its financial obligations. The following certifications may be assigned:

• Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified: assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative: assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

The County Office of Education is required to report to the State Superintendent of Public Instruction within 75 days after the close of each reporting period the district’s certification status. 

Staff prepared the First Interim Report, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The First Interim Report contains the following documents for review and consideration by the governing board and will be presented by staff: 

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of First Interim Report
5. Form 011 – General Fund Summary and Restricted and Unrestricted formats
6. Form 11I–67I for all other district funds
7. Form AI – Average Daily Attendance
8. General fund Multi-year projection using the MYP software (under separate cover)
9. Criteria and Standards

This First Interim Report along with the Multi-Year Projections (under separate cover) indicate that the District will be able to meet its financial obligations in the current and subsequent two fiscal years.  Therefore, the District is submitting the First Interim Report to the County with a positive certification.

POLICY/CODE:
Education Code Section 42100 – 42134 et seq.

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
That the Board of Trustees accept the Positive Certification of the First Interim Report (as presented under separate cover), certifying that the District will be able to meet its financial obligations for the current and subsequent two years.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:   Pauline Follansbee, Assistant Superintendent of Business Services
DATE:            December 9, 2020
SUBJECT:    LCFF Budget Overview for Parents

BACKGROUND INFORMATION:
In an effort to provide fiscal transparency for stakeholders, the California Education Code (EC) Section 52064.1 requires each school district, county office of education (COE), and charter school (LEA) to develop the Local Control Funding Formula (LCFF) Budget Overview for Parents in conjunction with the LCAP by July 1 of each year.

Senate Bill (SB) 98 added EC Section 43509, which changed the adoption date for the Budget Overview for Parents for the 2020–21 school year.   For 2020–21, local governing boards or governing bodies are required to adopt and submit the Budget Overview for Parents on or before December 15, 2020, in conjunction with the LEA’s first interim budget report

SB 820 requires the template and instructions to include the following for 2020–21

The specific amount of federal funds allocated to the LEA under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

Total Budgeted Expenditures in the Learning Continuity and Attendance Plan (Learning Continuity Plan)

Total Budgeted Expenditures that Contribute to Increasing or Improving Services for Unduplicated Pupils in the Learning Continuity Plan.

CARES Act funds include Elementary and Secondary School Emergency Relief (ESSER) Funds Learning Loss Mitigation (LLM) Funds LLM Funds include both: Coronavirus Relief (CR) Funds and; Governor's Emergency Education Relief (GEER)

To the greatest extent practicable, the Budget Overview for Parents should use language that is understandable and accessible to parents.

All LEAs are required to prominently post their Budget Overview for Parents on the homepage of their internet website along with the Learning Continuity Plan and their LCAP Federal Addendum, as applicable

POLICY/CODE:
Education Code Section 52064.1, 43509 et seq.

FISCAL IMPACT:
Not Applicable 

STAFF RECOMMENDATION:
For the Board of Trustees to adopt the LCFF Budget Overview for parents in conjunction with the District’s First Interim Report.

To:   BUSD School Board

From:   Brent Stephens, Superintendent

Date:   December 9, 2020

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

Starting on Sunday, December 6, all six counties in the Bay Area are subject to a the requirements of a new Stay at Home Order designed to halt the spread of COVID-19. These orders do not affect schools, which continue to operate under the rules for reopening established by the state.

In this presentation and discussion, the Superintendent will update the Board of Education on efforts to reopen school in BUSD, and offer a perspective on the impact of the redesignation of Alameda County and the City of Berkeley to the Purple Tier on the timing for this reopening.

As background to this evening's presentation, BUSD has been working over the Spring and Fall to prepare schools, staff, and families for an eventual reopening. Here is a summary of some of the major developments in this process:

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), BACR (Jefferson) 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 and 18, the Board of Education heard an update on elementary reopening plans, including the launch of the district’s first phase of school reopening: a set of small strictly cohorted groups of students on three elementary campuses.