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Regular Meeting
Berkeley USD
January 20, 2021 5:30PM
ZOOM

1. Call to Order - 5:30 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 5:30 p.m. before the Board Recesses to Closed Session.  The Regular Meeting will convene by 7:00 p.m. 


2. Closed Session Public Testimony
3. Closed Session
Quick Summary / Abstract:

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

3.1. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.1.1. Berkeley Federation of Teachers (BFT)
3.1.2. Berkeley Council of Classified Employees (BCCE)
3.2. Superintendent Evaluation (Government Code Section 54957)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of January 20, 2021
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:          January 20, 2021
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 01.20.21
Classified Personnel Report 01.20.21
11.2. Approve Listing of Warrants issued in December, 2020.
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         January 20, 2021
SUBJECT: Approve Listing of Warrants issued in December 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 December is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

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

FISCAL IMPACT:
$5,253,597.16 for the month of December 2020 from various funds.  

 
Attachments:
2020 December Fiscal Warrants
11.3. Approval of Payroll Warrants Issued in December 2020
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent
DATE:         January 20, 2021
SUBJECT: Approval of Payroll Warrants Issued in December 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 December 2020.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$3,294,519.95, for December 2020 from various funds.

STAFF RECOMMENDATION:
Approve payroll payments made in December 2020.

                                                                      

 
Attachments:
December 2020 Payroll Warrants
11.4. Approve Receipt of BayerFund Grant Award
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D. Superintendent
FROM:           Wyn Skeels, Career Technical Education Program Supervisor
DATE:            January 20, 2021
SUBJECT:   Receipt of BayerFund Grant Award

BACKGROUND INFORMATION

The BUSD Career Technical Education Program, in collaboration with the Berkeley Public Schools Fund, are very pleased to report that BUSD CTE and the BPSF have been awarded 2 BayerFund grants totaling $356,100 in support of our Diversifying the STEM career pipeline initiatives. BUSD CTE has been awarded $231,000 to support STEM Education through our emerging 6th grade STEM/Maker wheel.  The BPSF award of $125,100 will support afterschool and Summer STEM programming for unduplicated BUSD students grades 1 - rising 8th.

The "Diversifying the STEM Career Pipeline" initiative is focused on aligning Berkeley’s  Middle School STEM curriculum with the established Career Technical Education (CTE) STEM Pathways at Berkeley High School, providing early exploration of High School STEM pathway curriculum, technology, tools, and related careers beginning in the 6th grade - with a very deliberate focus on students from populations underrepresented in STEM careers.

FISCAL IMPACT:
The impact for fiscal year 2020-21 is 231,000 to the Career Technical Education Program for Middle School STEM.

STAFF RECOMMENDATION:
Approval of grant award for FY 2020-21

 
11.5. 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:         January 20, 2021
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. Harvest Consulting, to provide equity coaching to faculty, staff and parents at Martin Luther King Middle School for the the 2020/21 SY. The cost will not exceed $12,500. To be paid from PTA Donation Funds. Requested by Janet Levenson.

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

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


 
11.6. Acceptance of Gifts/Donations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent Business Services
DATE:           January 20, 2021
SUBJECT:      Acceptance of Gifts/Donations

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

  1. Berkeley Public Schools Fund donated $50.000.The purpose of this donation is to pay for the Growing Leaders Program, at the request of Matt Tsang.
  2. Cragmont PTA donated $63,300. The purpose of this donation is to pay for teacher salary.(Ellen Evangeliste)
  3. Cragmont PTA donated $1,725. The purpose of this donation is to pay Independent Contractor for sex education.
  4. Miscellaneous donations in the amount of $435. to the VAPA program for the music program.
  5. Berkeley High School Development Group donated $2,845. to Berkeley High School 10th Grade Capstone Project.
  6. Bright Funds foundation donated $200. to Thousand Oaks Principal’s Discretionary Account.
  7. King Middle School PTA donated $25,000. to staff development-teacher hourly plus independent contractor Dr. Rachelle.

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 $ 143, 205. in donations.


 
11.7. Ratification of Amended Memorandum of Understanding with Bay Area Community Resources
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Baje Thiara, Associate Superintendent, Educational Services
DATE:         January 20, 2021
SUBJECT:   Ratification of Amended Memorandum of Understanding with Bay Area Community Resources

BACKGROUND INFORMATION:
On November 18, 2020, the Board Approved an MOU with Bay Area Community Resources to provide instructors to supervise and support Ruth Acty Elementary School’s bubble groups in the amount of $36,455.  Bay Area Community Resources and BUSD agreed to extend the services due to the continued school closures until June 4, 2021, with an option to revise services if the school closrure ends.  This is at an additional cost of $95,552.78 for a new total of $132,007.78

POLICY/CODE:
None

FISCAL IMPACT:
Additional cost will come from COVID Relief Funding.

STAFF RECOMMENDATION:
Approve the amended contract with Bay Area Community Resources for school year 20-21.


 
11.8. Ratification of Amendment No. 1 for Memorandum of Understanding to UC Regents, Lawrence Hall of Science
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Baje Thiara, Associate Superintendent, Educational Services
DATE:         January 20, 2021
SUBJECT:   Ratification of Amendment No. 1 for Memorandum of Understanding to UC Regents, Lawrence Hall of Science

BACKGROUND INFORMATION:
On November 4, 2020, the Board Approved an MOU to UC Regents, Lawrence Hall of Science to provide instructors to supervise and support Malcolm X Elementary School’s bubble groups in the amount of $113,100.  UC Regents and BUSD agreed to extend the services due to the continued school closures until June 4, 2021, subject to review on a weekly basis. This is at an additional cost of $318,780 for a new total of $431,880.

POLICY/CODE:
None

FISCAL IMPACT:
Additional cost will come from COVID Relief Funding.

STAFF RECOMMENDATION:
Approve the amended contract with UC Regents, Lawrence Hall of Science for school year 20-21.



 
11.9. Approval of Contract MOU with PMH Laboratory Inc. for Student COVID Testing
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         January 20, 2021
SUBJECT Approval of Contract MOU Covid School Testing Sites (PMH Labs) 

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.

PMH Laboratory Inc. is a diagnostic laboratory accredited by COLA Inc. and certified under the Clinical Laboratory Improvement Act (“CLIA”).  PMH maintains all licenses and/or certifications, as applicable, tp provide COVID 19 antibody, antigen and molecular screening tests. 

It is understood and agreed that in consideration for allowing PMH to test BUSD’s students, staff and family members, that PMH will provide and pay for all supplies and staffing necessary to administer the requested COVID-19 test (PCR/Antibody) as well as shipping/delivery of those supplies.

Furthermore, it is agreed that under no circumstance will PMH directly bill or charge any of BUSD’s students, staff and/or their family member.  PHM’s sole method of payment from individuals will be through the billing of the aforementioned people’s health insurance, if applicable.

PMH Laboratory is to provide COVID-19 testing in BUSD Schools for the period from 1/4/21 - 6/30/21. BUSD agrees to reimburse PMH a flat fee of $50. per test for those families undocumented and/or uninsured.  The cost to BUSD is undetermined and to be paid from Covid Relief Fund. 

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

STAFF RECOMMENDATION: 
Approve the contract with PMH Laboratory Inc. as submitted.

 
11.10. Approval of Van Pelt Construction Services as the District’s Consultant for Construction Management Services associated with the Measure G Bond program
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    January 20, 2021        

SUBJECT: Approval of Van Pelt Construction Services as the District’s Consultant for  Construction Management Services associated with the Measure G Bond program


BACKGROUND INFORMATION

With the passage of Measure G, the Facilities Department issues a Request for Qualifications (RFQ) for Construction Management and Program Management services required for the Measure G Bond program.  

Seven proposals were received.  Staff screened the proposals and determined that three firms should be interviewed.  On January 8th, those firms were interviewed.  The interview team included the Executive Director of Facilities, the Facilities Planning Analyst, the Operations Manager, a Maintenance Supervisor, and the District’s CTE Coordinator.  The group rated each of the companies interviewed and determined Van Pelt Construction Services (VPCS) to be the best fit for the District.  Experience, team composition, methodology, approach, and value were all grading factors included in the scoring.  Fees for each project are negotiated on an individual project basis.  VPCS has demonstrated its ability to operate with a fee that is at or below current industry standards.

An additional Board item is forthcoming to the Board to consider a Program Management contract with VPCS.  Currently, staff is in the process of negotiating this contract.

The VPCS team represents a variety of strengths the District will need as we implement and execute the Measure G Bond program.

FISCAL IMPACT

None

RECOMMENDATION

Approve Van Pelt Construction Services for the Construction Management of Measure G Projects


 
11.11. Approval of Contract Modification 3 with CAW Architects for Modernization of West Campus Capacity Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: January 20, 2021

SUBJECT: Approval of Contract Modification 3 with CAW Architects for Modernization of West Campus Capacity Project


BACKGROUND INFORMATION

On December 7, 2016 the Board of Education approved a contract for CAW Architects to complete a Scoping and Assessment Study of West Campus Capacity Project.

Unforeseen conditions were discovered during construction that warranted redesign of site work by the civil engineer, structural work due to splitting the project into two increments and additional construction administration due to schedule increase to the project.

Facilities staff is requesting approval of contract modification 3 with CAW Architects to provide architectural and engineering services for the additional scope. 

POLICY/CODE

Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT

Contract award by this action: $56,475 to be Paid from Measure I Bond Funds. All costs are contained within the project budget. 

STAFF RECOMMENDATION

Approve contract modification 3 with CAW Architects for the Modernization of the West Campus Capacity Project.



 
11.12. Approval of an Amendment for CAW Architects for the Berkeley High School Building A Theater Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: January 20, 2021

SUBJECT: Approval of an Amendment for CAW Architects for the Berkeley High School Building A Theater Project


BACKGROUND

CAW Architects developed a master plan for the Berkeley Community Theater project and then was awarded a contract to provide design and construction administration services for the classroom wing and stage box of BCT.  The project is progressing well into construction.  Here is a contract summary:

This additional service being requested includes 1) redesign of the lobby to change material finishes and redesign of back-feature wall which altered ceiling systems, lighting and power; 2) re-design of basement subdrainage to coordinate with contractor and shoring requirements, as well as mitigate unforeseen conditions; 3) additional time for construction administration due to schedule duration increase of eight months; and 4) increase of structural scope due to intricate detailing and complex concrete retrofitting.

RECOMMENDATION    

Approve amendment for CAW Architects for the Berkeley High School Building A Theater Project.

FISCAL IMPACT

Contract award by this action: $488,005 for the consultant fee to be paid from Measure I Bond Funds.  The amended contract amount will be $4,174,158.  All costs are contained within the project budget.

.  



 
11.13. Approval of a Contract with CAW Architects for architectural services for the West Campus Follow-on Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    January 20, 2021        

SUBJECT: Approval of a Contract with CAW Architects for architectural services for the West Campus Follow-on Project


BACKGROUND INFORMATION

The Board approved a project budget for West Campus Follow-on on November 4, 2020 in the amount of $1,200,000.  The scope of the project will include a new elevator and other site requested items such as increased security measures, painting, window retrofit and other miscellaneous items.

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: $218,020 to be paid from Measure I Bond Funds.  All costs are contained within the project budget.

RECOMMENDATION

Approve a Contract with CAW Architects for architectural services for the West Campus Elevator Project.



 
11.14. Approval of a Contract with CAW for Architectural Services for the Berkeley High School Little Theater Modernization Project
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    January 20, 2021        

SUBJECT: Approval of a Contract with CAW for Architectural Services for the Berkeley High School Little Theater Modernization Project


BACKGROUND INFORMATION

CAW is one of the thirty-seven (37) architectural firms who responded to the Request for Qualifications Proposal issued August 17, 2020 and was selected to be part of the pool of twelve (12) architects which was approved by the Board of Education on November 4, 2020.  CAW is the architect on the Berkeley Community Theater project and is providing exemplary service to the District.

Modernization of the Little Theater will include modifying floor heights to connect to the BCT theater crossover, new rigging, a tension grid and new catwalk positions for lighting out over the house.  Seating layout will be revised to improve sightlines.  All interior finishes will be new.  A modest lobby addition will be added and sitework will be improved to enhance wayfinding.

CAW will provide full design and engineering services for schematic design, design development, construction documents, cost estimating, permitting through the Division of the State Architect and construction administration.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $2,399,986 to be paid from Measure G Bond Funds.  All costs are contained within the project budget.

RECOMMENDATION

Approve a Contract with CAW for Architectural Services for the Berkeley High School Little Theater Modernization Project.



 
11.15. Accept the Completion of the Berkeley High School Portables Project and Approve Resolution Number 21-023
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities 

DATE: January 20, 2021

SUBJECT: Accept the Completion of the Berkeley High School Portables Project and Approve Resolution Number 21-023


BACKGROUND INFORMATION 

On April 15, 2020  the Board awarded a contract with W.A. Thomas Co., Inc. to support the Berkeley Community Theater Project.  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 I bond funds.  The project had change orders in the amount of 6%.  

STAFF RECOMMENDATION

Accept the project as complete and approve resolution number 21-023


 
Attachments:
Resolution 21-023
12. Discussion Items
12.1. Update on BUSD’s Distance Learning and Cohort Support Program (60 min)Was edited within 72 hours of the Meeting
Rationale:

 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Dr. Stephens, Superintendent
FROM:         Bajé Thiara, Associate Superintendent
Dr. Thomas Reinhardt , Coordinator BREA
DATE:          January 20, 2020
SUBJECT:   Distance Learning  Fall  Update 

PURPOSE:
The purpose of this presentation is to provide an overview on  Distance Learning including:  attendance, academic performance, enrollment, student nutritional services, small cohorted groups, family support seminars and professional development.

BACKGROUND:
The COVID-19 pandemic has had a profound impact across all levels of Berkeley Unified School District (BUSD). The rapid shift to distance learning brought an onslaught of challenges to students, families, educators and administrators.

Since school closures BUSD staff has worked to strengthen our distance learning programs and our ability to serve  students during these challenging times. We have provided extensive professional development opportunities focused on using technology and digital platforms, social emotional support for students, and adapting curriculum for a distance learning setting.

BUSD has been able to provide both breakfast and lunch for students 7 days a week through a “grab and go” model ensuring that all students, 18 and under, have access to meals. In addition, we have provided family support through seminars focusing on supporting their children academically, socially and emotionally during these difficult times.

Until we are able to return to in-person learning, BUSD is committed to continual improvement with distance learning, and planning for the transition back to campus. 

FISCAL IMPACT:
N/A

 
Attachments:
Distance Learning Presentation .January 20, 2021
12.2. Update on BUSD’s Phased Plan for School Reopening (30 min)Was edited within 72 hours of the Meeting
Rationale:

To:     BUSD School Board

From: Brent Stephens, Superintendent

Date:       January 20, 2021

Re:          Discussion of BUSD's Phased Plan for School Reopening

 

On Thursday, January 14, the state of California launched a new website to serve as a hub for school reopening guidance and information. Included on this website is new consolidated guidance for schools about reopening requirements. This new guidance document, "COVID-19 and Reopening In-Person Instruction Framework & Public Health Guidance for K-12 Schools in California, 2020-2021 School Year" describes a number of significant changes to the state's guidance about school reopening.

  • Adjusts the school reopening threshold to 25 cases/100,000 residents (adjusted rate)
  • Permits schools at all levels to open at the "Red" tier, with a five day wait after transmission levels reach the Red Tier, instead of the previous four week wait

For now, all six counties in the Bay Area remain subject to the requirements of a Stay at Home Order designed to halt the spread of COVID-19, and on January 18, adjusted case rates in Alameda County were 41 cases/100,000.

In this presentation and discussion, the Superintendent will update the Board of Education on this new state guidance, as well as the state's "In Person Instruction" grant.

The presentation will include an estimated timeline for school reopening efforts to reopen school in BUSD, and an update on collective bargaining. No Board action is planned.

 
Attachments:
Phased Plan for School Reopening, January 20, 2021
12.3. Update on the Governor’s January Budget and BUSD’s 2021-2022 Budget Development Process (30 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens Ed.D, Superintendent
FROM:    Pauline Follansbee, Assistant Superintendent
DATE:         January 20, 2021
SUBJECT:  Governor’s January Budget Proposal 2021-22

BACKGROUND INFORMATION:

Overview of the Governor’s Budget Proposals
With revenue growth surpassing original expectations early in the pandemic, the Governor’s Budget proposal forecasts a dramatic restoration of funding including growth in programs, reserves, and a cost-of-living adjustment (COLA).

Proposition 98, the Supplemental Payment, and the Public-School System Stabilization Account

In 2021–22, the Proposition 98 Minimum Guarantee to fund K–12 and community college districts increases to $85.8 billion. The minimum guarantee for both 2019–20 and 2020–21 increase from their June 2020 Enacted State Budget levels by $1.9 billion and $11.9 billion, respectively, to $79.5 billion and $82.8 billion. In addition, the Governor’s Budget proposes a one-time non-Proposition 98 supplemental payment of $2.3 billion.  Due to economic conditions and other factors, the Governor’s Budget assumes that the state is required to make a deposit into the Public-School Systems Stabilization Account (PSSSA)—or education’s Rainy Day Fund—totaling $3 billion. Specifically, the proposal projects required deposits in fiscal years 2020–21 and 2021–22 of $747 million and $2.2 billion, respectively. The total balance in the PSSSA would trigger the condition that caps the amount that school districts can maintain in their local reserves beginning in fiscal year 2022–23.

Deferrals

The 2020–21 Enacted Budget included almost $13 billion in K–12 deferrals—$1.9 billion of Local Control Funding Formula (LCFF) funding from June 2019–20 to July in 2020–21, and approximately $11 billion from 2020–21 to 2021–22.

The Governor’s Budget proposal pays down $9.2 billion of the K–12 LCFF deferrals, which effectively eliminates the ongoing deferrals scheduled for February 2022 through May 2022. Note that this pay down does not impact the deferrals currently scheduled for February through June 2021. The repayment schedule for these deferrals remains, with local educational agencies (LEAs) receiving these apportionments from July through November 2021.

COLA and ADA

The proposed COLA for the LCFF in 2021–22 is 3.84%—a compounded amount that encompasses a 2.31% COLA for 2020–21 and an additional 1.5% for 2021–22—and is applied to the LCFF base grants. The other education programs that are funded outside of the LCFF—special education, Child Nutrition, general childcare, Preschool, Foster Youth, American Indian Education Centers, the American Indian Early Childhood Education program, and the Mandate Block Grant—will only receive the 1.5% COLA designated for 2021–22.  Statewide, average daily attendance (ADA) is expected to continue declining. The Governor’s Budget proposal does not, however, include an ADA hold harmless for 2021–22, though it does note that school districts in declining enrollment have the statutory ability to utilize higher, prior-year ADA.

LCFF

The 2021–22 Governor’s Budget proposal includes an increase of $2 billion in Proposition 98 for the LCFF reflecting the 3.84% COLA. This brings LCFF funding to $64.5 billion.

LCFF Fiscal Accountability

The proposal includes language that will require LEAs to maintain supplemental and concentration grant funds to increase and improve services for unduplicated pupils until the funds are fully spent for those purposes. These monies may no longer be carried over in an unrestricted fashion from one fiscal year to the next. In addition, further requirements will be placed on county offices of education when reviewing Local Control and Accountability Plans as it pertains to the continued use of these funds.

Special Education

Building on last year’s investment and simplification of the special education base formula, Governor Gavin Newsom proposes $300 million in ongoing funds for the Special Education Early Intervention Grant. The intent is to increase the availability of evidence-based services for infants, toddlers, and preschoolers.

Funding for Reopening Schools

Governor Newsom proposes to use at least $2 billion to encourage schools to reopen for in-person instruction. Under the Governor’s Safe Schools for All proposal, grants would be available as early as February for LEAs that continue offering or begin offering in-person instruction for elementary school students and vulnerable students in all grades—defined as students with disabilities, foster youth, homeless youth, and students without access to technology for online learning. LEAs that open by February 16 are eligible to receive grants of at least $450 per ADA as long as specified requirements are met, with additional funds for LEAs that receive LCFF supplemental and concentration grant funds. In addition, the proposal sets aside $4.6 billion in one-time Proposition 98 General Funds for unspecified interventions to address learning loss, such as an extended school year or summer school. This investment would be targeted for students from low-income families, English language learners, youth in foster care, and home-less youth.

 

Educator Investments

The Governor’s Budget proposal includes over $540 million in one-time Proposition 98 funds for investments in educator effectiveness, professional development, and the continuance of programs that provide pathways to the teacher pipeline. Specifically, $315.3 million is proposed to support educator professional learning and teacher effectiveness. An additional $225 million in continued support and expansion of existing teacher pipeline programs such as the Teacher Residency program and the Classified School Employee Credentialing program.

New COVID-19 Federal Stimulus Package

The $2.3 trillion Consolidated Appropriations Act, 2021 was signed into law on December 27, 2020, which includes $900 billion COVID-19 relief package, which earmarks $82 billion for education, $7 billion to expand broadband access, $10 billion for childcare, and continued funding for school meal programs.

The bill also includes an extension of the CARES Act Coronavirus Relief Fund expenditure deadline from December 30, 2020, to December 31, 2021, and additional Elementary and Secondary School Emergency Relief (ESSER) funding as well as Governor’s. Emergency Education Relief (GEER) funding. Funding to school districts is based on Title 1 funding and it is estimated the District will receive $2.6 million in

Covid-19 relief funding:

Early Childhood Education

The 2021–22 Governor’s Budget proposal provides $250 million in one-time Proposition 98 funds to incentivize LEAs over multiple years to provide expanded TK and cover the upfront costs associated with it. Additionally, Governor Newsom proposes a one-time Proposition 98 investment of $50 million to provide training for TK and kindergarten teachers in providing inclusive instruction for students with disabilities; support for English learners; and to help address the social-emotional needs of students, including training in trauma-informed practices, restorative practices, and implicit bias.

To address the facilities impact of TK expansion and to promote the conversion of part-day TK and kindergarten programs to full-day, the budget includes $200 million in one-time non-Proposition 98 General Funds to construct or retrofit existing facilities.

Mental Health

The Governor proposes $400 million (mix of federal funds and non-Proposition 98 General Fund) in one-time funds to implement an incentive program that would build infrastructure, partnerships, and capacity to increase the number of students receiving preventive and early intervention behavioral health services from schools.

Additionally, the Administration proposes to use $25 million from the Mental Health Services Fund to expand the Mental Health Student Services Act Partnership Grant Program, which funds partner-ships between county behavioral health departments and schools. The Governor also proposes a third investment of $25 million in ongoing Proposition 98 funding for innovative partnerships with county behavioral health to support student mental health services.

CalSTRS and CalPERS

The Governor does not include new funding towards CalSTRS and CalPERS in the 2020-21 budget. However, previous investments reduce the employer contribution rate for CalPERS from 24.9% to 23.00% in 2021–22 and for CalSTRS from 18.1% to 15.92%

FISCAL IMPACT:
The fiscal impact on the District’s 2021-22 LCFF funding is an increase in base funding of $3.1 million and an increase in Supplemental funding in the amount of $0.2 million.  The District is projected to receive an additional $2.6 million in Covid-19 relief funding. The fiscal impact of LCFF funding in the out years and other proposals in the January budget will be determined when additional information is received from the State and the SELPA.

STAFF RECOMMENDATION: 
The Board receives this report as information.

 
Attachments:
2021-2022 Governor's Budget Proposal, January 20, 2021
13. Action Items
13.1. Approval of BUSD’s Middle School Assignment Community Engagement Plan (20 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education

FROM:  Brent Stephens, Superintendent

DATE:  January 20, 2021

SUBJECT:  Middle School  Student Enrollment Policy, Community Engagement Plan

BACKGROUND INFORMATION 

In March of 2020, just a week before COVID-19 forced schools around the country to close, the Berkeley Unified School District Board of Education directed the Superintendent to develop a plan for further engaging the Berkeley community on the topic of middle school student enrollment. Elements of this community engagement would have included a review of a variety of indicators, the identification of key issues in the current enrollment policy, and recommendations for adjusting this policy.

The presentation and action by the Board this evening re-establishes a timeline for community engagement about middle school enrollment for the 22-23 school year.

This 2021 community engagement process will take place between February and November of 2021 and will include the review of a variety of indicators, including demographic information about BUSD’s three middle schools; outcome information about student learning; and educator, caregiver, and community input. 

The purpose of this nine-month engagement process is to inform the Superintendent’s recommendation to the Board of Education about the middle school student enrollment policy. Included in a possible Board decision about middle school student enrollment could be:

  • Adjusting the current middle school enrollment system so that the middle schools achieve demographic parity (racial and socio-economic integration), as our elementary schools and high school currently do. Possible options for the middle school assignment plan could include 

  • Leaving the current middle school enrollment policy in place

  • Creating attendance zones for all three middle schools; or

  • Creating “feeder patterns” for each middle school - a cluster of elementary schools that would feed into a designated middle school

This engagement plan contemplates a Board decision about the enrollment policy in November, 2021.  A Board decision in November 2021 could be to implement a new plan for the start of the 2022-2023 school year, or it could be to implement a new plan at a later date, i.e., at the start of the 2023-2024 school year.

 
Attachments:
Middle School Enrollment, 2021: Letter to Community, January 20, 2021
Middle School Student Assignment, Community Engagement Plan, 2021
14. Information Items
14.1. Williams Complaint Quarterly Report (Q2)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Education,
FROM:          Brent Stephens, Ed.D., Superintendent
DATE:          January 20, 2021
SUBJECT:    Williams Quarterly Report                 

BACKGROUND INFORMATION:
As a result of the Williams Case Settlement, every district in California is publicly accountable to ensure that the following conditions are met. 

1)      There should be sufficient textbooks and instructional materials for all students, including English learners.

2)      School facilities should be clean, safe and maintained in good repair.

3)      All classes should be taught by properly credentialed teachers.

Information about the standards is posted in every classroom along with the complaints procedure to follow if there is a concern that any one of them is not being met. 

There were no complaints filed between October and December 2020. 

POLICY/CODE:
Ed Code 35186
Board Policy 1312 

FISCAL IMPACT:
None

STAFF RECOMMENDATION
Receive the first Williams Quarterly Report as information.

 
Attachments:
Q2 Report
15. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:

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

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

Published: January 15, 2021, 10:16 PM

The resubmit was successful.