banner

Regular Meeting
Berkeley USD
February 03, 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. Conference with Legal Counsel - Anticipated Litigation – Regarding costs of services provided to student - Ed. Code § 54956.9, subd. (e)(2) (10 minutes)
3.1.1. BUSD Case No. 202021-20
3.2. Employee Discipline/Dismissal Release (§ 54957) (5 minutes)
3.3. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.3.1. Berkeley Federation of Teachers (BFT)
3.3.2. Berkeley Council of Classified Employees (BCCE)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of February 3, 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:          February 3, 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 02.03.21
Classified Personnel Report 02.03.21
11.2. Approval of Contracts/Purchase Orders for Services Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed. D., Superintendent
FROM: Pauline Follansbee, Asst. Superintendent of Business Services
DATE: February 3, 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. Holden High School, to provide educational and counseling services for Special Education students for the period from 11/17/20 – 6/30/21. The cost will not exceed $27,707. To be paid from Special Education Funds. Requested by Shawn Mansager.

  2. Aya Healthcare to provide a third nurse to help BUSD with district wide COVID-19 related issues.  The cost will not exceed $79,800.  To be paid from GEER funds.  Requested by Michelle Sinclair.

  3. Community Resources for Science to provide mentoring and project coordination of the “Be A Scientist” program at Longfellow, Willard and King Middle School for the period from 8/17/20 – 6/11/21. The cost will not exceed $12,500. To be paid from BSEP funds. Requested by Baje Thiara. 

  4. CCI Construction Inc. to provide painting and carpentry services to the Maintenance Department for the 2020-21 SY. The cost will not exceed $21,580.00. To be paid from Measure H. Requested by Steve Collins.

  5. Increase in contract, PO#211119 to Lifelong Medical Care to provide support and supervision for bubble groups at Rosa Parks Elementary School.  The Board originally approved $53,742.59 on 11/18/20. There was an increase of $7,743.34 on 12/9/20 for a total cost of $61,485.93.  The additional amount needed is $23,267.95 for a total of $84,753.88.  To be paid from GEER Funds.  Requested by Michelle Sinclair.

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

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


 
11.3. Approve the Installation of HUDL Focus Cameras in the Donahue Gymnasium and the Jacket Stadium Press Box.
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: BUSD Board of Education
FROM: Robin Vegt and Ross Parker, Athletic Directors - Berkeley High School
DATE: February 3, 2021
SUBJECT: Approve the Installation of  HUDL Focus cameras in the Donahue gymnasium and the Jacket Stadium press box.

BACKGROUND INFORMATION:

BHS Athletics has filmed games and practices for at least 30 years. Film is used to instruct on technique and correct mistakes, scout opponents, create highlight reels, and evaluate performance. Typically, a coach designates an assistant coach or parent as the main camera operator. Like virtually all sports programs in the country, we utilize an online software program called HUDL to store all our digital footage. Not only does HUDL store all our video footage, it also helps with editing and is an extremely useful tool for coaches and athletes as they can scroll through footage quickly, choose specific plays to focus on, and share video easily between other HUDL users (like other coaches, players, other teams, etc).

Along with the significant amount of video recorded and uploaded to HUDL and, given that our athletes are also frequently photographed, interviewed by the media, and in videos and montages on the BHS Athletics webpage, all of our parents and guardians of BHS athletes sign a waiver when they register. The waiver states the following:

Photo/Video/Interview Form

By signing, I agree to give permission for your child to be photographed, videotaped and/or interviewed by representatives from the media or the District for the purpose of publicizing education and athletic programs. By signing I authorize the use and reproduction by the District or anyone authorized by the District of any and all photographs, videotapes, or interviews of my child, without compensation to you or your child.  All of these photographs/video recordings shall be the property of the District or the media.  By signing, I waive any right to inspect or approve the finished photographs/videotapes, and the soundtrack, script or printed material that may be used with them.

Streaming video with installed cameras is the future of high school athletics. New cameras developed by companies like Pixelot, HUDL, and PlaySight no longer need a human to hold the camera and follow the action. Instead, they utilize AI technology and algorithms to track the action. You simply install the cameras, program in the games, and the cameras turn on, record the game, upload to HUDL software, and then turn off.

 

The following local Bay Area schools already have these cameras in place: Acalanes, Amador, Bellarmine, Bishop O’Dowd, Branham, Burlingame, Campbell, Campolindo, Capuchino, Castro Valley, Clayton Valley, De La Salle, Drake, Dublin, Foothill, Freedom, Gunn, Hayward, Heritage, Las Altos, Los Gatos, Liberty, Marin Catholic, Milpitas, Miramonte, Mitty, Mountain View, Palo Alto, Saint Francis, Saint Ignatius, Saint Joseph, San Mateo, San Rafael, Saratoga, Tamalpais, Terra Linda, and Wilcox.

PROPOSAL:

Berkeley High Athletics would like to install a HUDL Focus camera in the BHS Donahue Gymnasium and the athletic field atop the press box. BHS Athletics currently pays for its HUDL subscription by using Booster Club (Berkeley Athletic Fund) funds - this relationship will continue. Here is more on the cameras: https://www.hudl.com/blog/behind-the-lens-inside-look-at-hudl-focus

Here are the installation instructions for facilities and IT

The Athletic Directors, Robin Vegt and Ross Parker, are seeking board approval to sign an agreement with HUDL to be shipped one of the cameras so it can be installed in the Donahue and at the athletic field when said camera is available.

Here is the agreement:

https://drive.google.com/file/d/1hyEbm7xRN-iur0nJ0YlRJHuQM-aSEROw/view?usp=sharing

RATIONALE:
See background information provided above and this BLOG

Furthermore, with Covid-19, it is likely that the resumption of sports will likely happen with rules reducing or outright eliminating spectators. These cameras will allow us to stream and provide live viewing access to members of our community

FISCAL IMPACT

Install cost for BUSD facilities and IT (quote pending). Currently, BAF covers the annual HUDL bill. The bill will continue to be paid through Athletic Department and Booster Club (BAF) funds. BHS Athletics is also researching the viability of a low cost streaming channel for BHS sports. BHS Athletics will explore options to raise revenue by selling ad watermarks for when games are streamed to the public.

 
11.4. Approval of Program Management Contract with Van Pelt Construction Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: February 3, 2021

SUBJECT: Approve Contract with Van Pelt Construction Services for Program Management Related to Measure G Bond Program


BACKGROUND INFORMATION 

On November 18, 2020, the Facilities Department released a Request for Qualifications (RFQ) for Construction Management and Program Management Services.  Upon review of all of the RFQ responses, three firms were short-listed and moved to the interview phase of the process.  Van Pelt Construction Services (VPCS) was selected by the panel to perform both Construction Management and Program Management Services for the District’s Measure G Bond Program. 

On January 20th, the Board approved VPCS to perform Construction Management Services for the District’s Measure G Program.  At this time, the Facilities Department was still negotiating the cost and terms of the Program Management contract.  Over the last few weeks, BUSD and VPCS have outlined the scope and cost of this contract.  Listed below is a summary of the scope of this contract.  This list is not all-inclusive but meant to represent a high level overview.

  1. Design phase management

  2. Coordinate program schedule

  3. Schedule project phasing and develop strategies to align projects with District needs, cash flow, and unforeseen conditions

  4. Assist the District with program budget and allocations

  5. Cash flow reporting and analysis

  6. Update District design standards

  7. Develop bid packages

  8. Manage bid process

  9. Track design phase deliverables

  10. Assist in the implementation of archive file digital management

  11. Consultant pool management

  12. RFQ/P development and management

  13. CEQA management

  14. Assist in facilities procurement

  15. Support design management

  16. Assist the District with community relations and communications related to capital projects

Negotiations with Van Pelt Construction Services have been productive and the District has come to an agreed upon price based on a percentage point that we believe to be favorable for the District.  Industry standard for Program Management of a Bond program the size of Measure G is an average of 2 – 2.25% over a five-year term. BUSD and VPCS have agreed upon a five-year term for Program Management at a rate of 1.8%.  Additionally, since VPCS will be performing both Program Management and Construction management, VPCS has agreed to a discounted rate for CM services.  While the industry standard is 6 – 7%, VPCS and BUSD have historically operated within the 5 – 6% range.  Moving forward, VPCS agrees that all Measure G projects will have a Construction Management rate of 4% on all Measure G Projects.

POLICY/CODE

Board Policy 3310

FISCAL IMPACT

All costs are contained within the Measure G Project budget. The total cost for the Program Management is $ 6,840,000. This sum represents the 1.8% discussed above and will be paid at a monthly rate of $120,000 per month.  

STAFF RECOMMENDATION

Approve Program Management Contract with Van Pelt Construction Services 


 
11.5. Approval of Resolution 21-025 for the Disposition of Surplus Property
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: February 3, 2021

SUBJECT: Approval of Resolution # 21-025– Disposition of Surplus Property


BACKGROUND

The Kitchens at both John Muir and Cragmont Elementary are currently under construction as part of Measure I Modernization Projects.  Included in these project budgets was the replacement of the kitchen equipment which has surpassed its useful life cycle. Additionally, there are items from the Central Kitchen that are at the end of their life cycle that the District is currently storing. Nutrition Services has performed an extensive inspection and analysis to determine if any of these items could be used elsewhere in the District and deemed that there is not a need and would like to surplus these items.  The Maintenance Department also would like to surplus two vehicles. One vehicle from a previous auction was not sold. Both vehicles are beyond their respective life cycle and from a maintenance perspective, it is not appropriate for the District to continue to utilize and operate these vehicles. 

The items on the inventory list that are deemed as surplus have either passed their useful lifespans, are in disrepair or are not needed elsewhere in the District. 

Education Code Section 35168 requires school districts to establish an inventory system of all assets.  Options for items deemed surplus include: e-waste, auction, recycle or donate.

RECOMMENDATION    

Approve items to be considered surplus for Disposition – Resolution # 21-025

FISCAL IMPACT

Contract award by this action: none


 
Attachments:
Resolution 21-025
11.6. Approval of District Exemption from Local City Zoning and Building Ordinances and Regulations
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent

FROM: John Calise, Executive Director of Facilities

DATE: February 3, 2021

SUBJECT: Approval of Resolution 21-029 which exempts the District from Local City Zoning and Building Ordinances and Regulations for the BHS Tennis Courts and Parking Structure.


BACKGROUND INFORMATION 

On January 21st, 2021, the Facilities Department sent a formal written notice to the City of Berkeley to notify them of the District’s intent to deviate from a City’s zoning and building ordinances and regulations.  

As the District began the pre-planning phase of the Berkeley High School Tennis Court and Parking Structure project, it was immediately recognized that current City of Berkeley standards require there to be retail spaces on all parking structures. The construction of such retail spaces would limit the number of parking stalls that the new structure could accommodate.  While the exact size and number of levels has yet to be determined, the Facilities Department intends to ensure that all space is used to maximum efficiency to control the size of the structure and the project budget.  

POLICY/CODE

California Government Code Section 53094

FISCAL IMPACT

None

STAFF RECOMMENDATION

Approve Resolution Number 21-029
 
Attachments:
Resolution 21-029
11.7. Approval of Resolution 21-026 to establish the 2021-22 tax rate for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 and Revenue Projection for FY 2021-22Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Superintendent
FROM:          Natasha Beery, Director of BSEP and Community Relations
DATE:           February 3, 2021
SUBJECT:     Resolution 21-026 to establish the 2021-22 tax rate for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 and Revenue Projection for FY 2021-22

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (Measure E of 2020) authorizes the levy of a special tax as stipulated in Section 3 of the Measure. The revenues raised by the Measure are to be used to recruit and retain qualified teachers and staff for the Berkeley Unified School District (“District”) by providing funding, as specified in the Measure, to improve Berkeley public school educator salaries and address hard-to-staff positions.

Tax Rate: This Measure authorized the District to levy a special tax beginning July 1, 2020, and continuing for a period of twelve (12) years (“Special Tax”) on Parcels of Taxable Real property in the District. The Special Tax was initially levied at the rate of 12.4 cents ($0.124) per square foot on the Square Footage all Improvements and $25 per parcel on all Unimproved Parcels (“Rate”).

Cost Of Living Adjustment: Beginning with the 2021-22 tax year (the second year of assessment of the Special Tax), and each year thereafter, at the direction of the Board, the Rate may be increased from the Rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index – All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics.

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1, 2020, is 2.0 percent. 

POLICY/CODE:
Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (Measure E of 2020)

FISCAL IMPACT:
Revenues are projected to be $10,176,900 for FY 2021-22

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (Measure E of 2020) for FY 2021-22.

 
Attachments:
Resolution 21-026
Revenue Projection
11.8. Resolution 21-027 to establish the 2021-22 tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) and Revenue Projection for FY 2021-22
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Brent Stephens, Superintendent
FROM:           Natasha Beery, Director of BSEP and Community Relations
DATE:            February 3, 2021
SUBJECT:    Resolution 21-027 to establish the 2021-22 tax rate for the Berkeley Public Schools  Educational Excellence Act of 2016 (Measure E1 of 2016) and Revenue Projection for FY 2021-22

BACKGROUND INFORMATION:
The legislation establishing the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016) authorizes the levy of a special tax as stipulated in Section 4 of the Measure. 

A. Tax Rate: Measure E1 of 2016 authorized the District to levy a Special Tax of thirty-seven cents ($0.37) per square foot on all Improvements beginning July 1, 2017, and continuing for a period of eight (8) years. This Special Tax shall be levied on the Square Footage of all Improvements, including all Buildings and Structures, on Parcels of Taxable Real property in the District. 

The revenues raised by the special tax are to be used to improve the educational achievement of Berkeley Unified School District’s (“District”) public school students by providing high quality educational programs as specified by the Measure.

B. Cost Of Living Adjustment: Beginning in 2018-19, the second year of assessment of the Special Tax, and each year thereafter, an annual cost-of-living increase in the rate is permitted to maintain the programs. This increase was not applied in the first year of the Measure, but in subsequent years may be increased from the rate levied in the prior tax year by a cost-of-living adjustment equal to the annual average percentage change in the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose area over the prior twelve months, as of December 1 of the prior fiscal year, as published by the U.S. Bureau of Labor Statistics.

The statutory cost-of-living adjustment (COLA), based on the Bay Area Consumer Price Index - All Urban Consumers, San Francisco-Oakland-San Jose over the prior twelve months, as of December 1, 2020, is 2.0 percent. 

POLICY/CODE:
The Berkeley Public Schools Educational Excellence Act of 2016, (Section 4) 

FISCAL IMPACT:
Revenues are projected to be $33,395,000 for FY 2021-22

STAFF RECOMMENDATION:
Adopt the approved resolution setting the tax rate for the Berkeley Public Schools Educational Excellence Act of 2016 for FY 2021-22.

 

 
Attachments:
Measure A 1st Interim Summary 2020-21
Measure E1 1st Interim Summary 2020-21
Resolution 21-027
Revenue Projection 2021-22
11.9. Grant Application: City of Berkeley Healthy Berkeley grant, FY 2021-2023, and California Department of Food and Agriculture, Farm to School Grant, YR 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      School Board
FROM:      Jezra Thompson, Gardening and Cooking Program Supervisor
DATE:             February 3, 2021
SUBJECT:      Grant Application: City of Berkeley Healthy Berkeley grant, FY 2021-2023, and California Department of Food and Agriculture, Farm to School Grant, YR 2021-2022.

BACKGROUND INFORMATION: 
BUSD’s Gardening and Cooking Program is seeking grant funding of up to $565,782 from the City of Berkeley, Healthy Berkeley Grant, to support increasing health opportunities and outcomes at all of our students. This is a two year grant cycle that will seek to sustain existing FTE for garden and cooking instructors. This funding has been cut in half from $900,000 this year.

The City of Berkeley, Healthy Berkeley Grant will help the Garden and Cooking Program improve health disparities that are related to economic and social inequities that are evident in the unequal food and beverage environments in Berkeley. This grant will allow us to continue:

  1. Provide cooking instruction at select elementary after school programming, at our two middle schools, and at our two high schools.
  2. Provide up to 12 family cooking events at 6 schools per year.
  3. Support the CTE in Public Health Course at BTA and BHS, including student internships and facilitating our two food pantries.

The grant requirements include approval from the BUSD School Board, and District commitment to:

  1. BUSD will not sell or serve sugar-sweetened beverages (as defined by the SSB tax) at any BUSD schools or campuses.
  2. Awarded funding will not supplant BUSD FY22 and FY23 General Fund allocations.
  3. Funded projects will publicly reflect support from Healthy Berkeley Program.
  4. Funded projects and programs will include evaluation of their process and outcomes.
  5. The proposal timelines and budgets will be specific, measurable, achievable, realistic, and time bound (SMART).

BUSD’s Gardening and Cooking Program is also seeking grant funding of up to $22,351 from the California Department of Food and Agriculture, Farm to School Grant,to establish new or expand existing integrated farm to school programs that: (1) procure California grown or produced whole or minimally processed foods and integrate these foods into school meals; and (2) coordinate educational opportunities between cafeterias, classrooms, and communities.

POLICY/CODE:
N/A

FISCAL IMPACT:
Receive $565,782 in City of Berkeley Funding each year for the two year grant cycle. Contribute a base minimum of $250,000 from the general fund.

Receive up to $22,351 in California Department of Food and Agriculture funding. 

RECOMMENDATION:
Allow staff to proceed with the grant application
 
11.10. Approve the Appointment of Lindsey Jean Nofelt to the North Region SELPA Community Advisory Committee
Rationale:

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:   February 3, 2021
SUBJECT: Approve the Appointment of Lindsey Jean Nofelt to the North Region SELPA Community Advisory Committee 

REVIEW AND ACTION PURPOSE:
Appointment of Lindsey Jean Nofelt 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: The CAC bylaws allows for three representatives from each district to join the CAC. Shari Washburn had previously been appointed a member by the BUSD school board.  Fliers were sent out for CAC meetings on the Berkeley A+ News website and schools sites were asked to pass out to families. The CAC has been making an effort to diversify board appointed membership and has connected with the Office of Family Engagement and the Executive Director of Special Education. During CAC meetings the below bylaws were followed to determine Ms. Nofelt’s nomination.

Section 9. Regular process for becoming a member:

A. Roles and responsibilities of members shall be explained and discussed in August  and September CAC business meetings and applications shall be made available to anyone interested in serving as a member.

B. Prospective members shall send their completed application to the Membership Committee Chair no later than 3 weeks prior to the October meeting to be distributed to all current CAC members for consideration.

C.  At the October business meeting, current CAC members shall vote on applicants for open seats  for each district. The names of winners shall be provided to the Special Education Director from each district to request appointment of that person to the CAC by their school board at the next regularly scheduled school board meeting. 

D. The CAC will strive for diversity across district board-appointed Members, including  representation of both high- and low-incidence disabilities, as well as racial/ethnic/gender-identification diversity.

E. In the event of the termination or resignation of a member, or if a seat has remained open due to lack of interest, the application process above shall be followed immediately to fill the seat, after one month of outreach is conducted to inform potential prospective members in that district of the vacant seat and application process.

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

FISCAL IMPACT: 
None

 
12. Discussion Items
12.1. 2021-22 Budget Update and Discussion of Priorities (25 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:           Brent Stephens, Ed.D., Superintendent
DATE:          February 3, 2021
SUBJECT:     2021-22 Budget Update and Discussion of Priorities

BACKGROUND INFORMATION:
The Budget Development process, includes identifying additional funding based on the Governor’s Budget, less operational cost increases which include step and column increases for staff and increase in retirement benefits for CalSTRS and CalPERS less one-time expenditures from the prior year.  The district then identifies and considers staff recommended efficiencies, to determine available new revenue which will be used as the initial step in determining budget reduction targets. The District is at the beginning of the budget cycle and will be providing updated revenue projections for the Unrestricted General Fund and other programs.

At the last meeting of the School Board, staff presented the impact of the Governor’s Budget on the Unrestricted General Fund.  At tonight’s meeting, staff will present updated projections for the Unrestricted General Fund based on reductions in the Unduplicated Pupil Percentage (UPP) and begin to examine Multi-Year Projections.

Staff will also present high level priorities for the Board’s consideration.  Cabinet members are also reaching out to staff and stakeholders to identify budget priorities which will be shared with the Board.  These priorities are in two categories, those that represent ongoing commitments and expenditures, and those that are proposed for funding on a one-time or limited term basis.

NEXT STEPS:

Regular Board updates and action items during the budget development process.  Continue to collaborate with Advisory Committees: Superintendent’s Budget Advisory Committee, Educator Advisory Committee, Parent Advisory Committee and District English Learner Advisory Committee. 

Staff will continue to consult with key partners, including our labor partners and the City of Berkeley, and engage with parent and community groups and affinity-based meetings.

FISCAL IMPACT

The Governor’s Budget includes a 3.84% COLA for LCFF funding which provides an increase of $3.1 million in base funding.  The updated UPP generates a decrease in the projected supplemental funding in the amount of $121,090.

 
Attachments:
Budget Update and Discussion of Priorities for 21-22, February 3, 2021
Presentation
12.2. Annual Report of Revenue and Expenditures in FY 2019-20 and First Interim 2020-21 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1)(25 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Board of Education
FROM:           Natasha Beery, Director of BSEP and Community Relations;
DATE:           February 3, 2021
SUBJECT:    Annual Report of Revenue and Expenditures in FY 2019-20 and First Interim 2020-21 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1)

BACKGROUND INFORMATION
In compliance with The Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1), the District makes available to the Planning and Oversight (P & O) Committee an Annual Report of the revenues generated by the BSEP Measure, and the expenditures of the revenues for each Fiscal Year, as well as First and Second Interim Reports.

Revenue from Measure E1 of 2016 is deposited, monitored and expended through the BUSD accounting system (QSS) in Fund 4 which is accounted for separately from the District’s General Fund.  BSEP Fund 4 revenue is allocated to each of the purposes delineated in the BSEP Measure in separate and distinctly coded Resources in accordance with the percentages specified by the Measure[1].

BSEP maintains a 3% reserve as required by the State. During the budgeting process, each Resource carries an unallocated reserve as a contingency to allow for variances in personnel expenditures (salary and benefits). The fund balances remaining from BSEP Measure A of 2006 and the fund balances from the current BSEP Measure E1 of 2016 are both held in separate Resources in Fund 4, and are managed in accordance with the specific terms of the Measure through which the revenues were obtained.

Annual Report

The attached Annual Report provides a brief description of the status of projects funded through BSEP in FY 2019-20, and a comparison report of revenue and expenditures for each Resource. The P&O Committee has reviewed and approved the reports at its regularly scheduled meetings on January 12 and January 26, 2021.

First Interim 2020-2021

The BSEP First Interim report provides a summary of the budgeted revenues and expenditures based on the allocations to each of the restricted Resources within the Fund. The First Interim was also presented to the P&O Committee on January 26, 2021.

Revenue and Expenditures

In FY 2020-21, BSEP revenue is projected to total $32,929,700, which represents 19.1% of the District’s General Fund budget. This is an increase of $673,287 over the prior year, primarily due to a 2.5% Cost Of Living Adjustment (COLA) as permitted by the Measure.

Projected expenditures of $18,901,909 and transfers to the General Fund of $15,748,800 bring the total BSEP budgeted expenditures for 2020-21 to $34,650,709, an increase of $1,668,827 over the prior year.

The Indirect Cost rate for 2020-21 is 5.25% and is calculated by a formula determined by the State. The rate is applied to BSEP expenses and transfers, and is projected to total $1,510,888.  These funds are transferred to the General Fund to support the District’s common functions such as Payroll, Purchasing, Human Resources and Plant Operations.

Fund Balances

Measure E1 Fund Balances

The BSEP Measure E1 budget model forecast the need to provide fund balance reserves to meet the expectations of rising costs, particularly in the High Quality Instruction Resource, 0741, which provides for the costs of class size reduction by paying for 30% of BUSD classroom teachers. The fund balance in that Resource has grown beyond initial projections, and is available to meet additional program needs through planned deficit spending to draw down on fund balance. Additional spending is permissible within the specified purposes of Measure E1 to meet projected program needs through the life of the current Measure, which will expire in 2024-25. Note that the Fund Balances in the Site Program Resource (0852/0752) remain with the budgets allocated to each Site according to the School Plan for Student Achievement, with prior year carryover available for one-time needs in accordance with the plan.

Measure A Fund Balances are available for expenditure in accordance with the terms of the prior 2006 Measure, and are being managed to support one-time expenditures and deferred needs. Fund balances in Measure A were drawn down significantly in 2019-20, with one-time funding provided for several positions at Berkeley High School, purchases made for instruments needed for the Music program, and Chromebook expenses, which eliminated the balance in the Technology Resource. For 2020-21, expenditures totaling $402,504 continue to draw down the funds across multiple resources, especially in Music/VAPA for needed instrument purchases.

FISCAL IMPACT
For FY 2020-21, BSEP budgeted expenditures are expected to total $34,650,709 from Measure E1 and $402,504 from Measure A, for a projected total of $35,053,213 for 2020-21.

STAFF RECOMMENDATION
Review and accept the Annual Report of Revenue and Expenditures in FY 2019-20 and the First Interim Report for FY 2020-21 of the Berkeley Public Schools Educational Excellence Act of 2016 (BSEP/Measure E1) and Berkeley Public Schools Educational Excellence Act of 2006 (Measure A)

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1)
Berkeley Public Schools Educational Excellence Act of 2006 (Measure A)


[1] BSEP Measure E1, Section 3.

 
Attachments:
2019-20 Report for Board With Cover
Measure A 1st Interim Summary 2020-21
Measure E1 1st Interim Summary 2020-21
Presentation
12.3. Update on the Homeless Outreach Program for Education (HOPE) for McKinney-Vento Students (20 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Dr. Stephens, Superintendent
FROM:       Bajé Thiara, Associate Superintendent
Dr. Phillip Shelley, Director
PRESENTERS:  Dr. Phillip Shelley, Director of Student Services
Melody Royal, McKinney-Vento Coordinator
DATE:              February 3, 2021
SUBJECT:         Homeless Outreach Program for Education (HOPE) – McKinney-Vento

PURPOSE:
It is recommended that the Governing Board receive information on the Berkeley Unified School District’s Homeless Outreach Program for Education - McKinney-Vento Homeless Assistance.

BACKGROUND:
The McKinney-Vento Homeless Assistance Act is federal legislation that ensures the educational rights and protections of children and youth experiencing homelessness. Under this Act, Local educational agencies (LEAs) must ensure that each homeless child and youth has equal access to the same free, appropriate public education as other children and youth.

 
Attachments:
Presentation
13. Action Items
13.1. Approve Allocation for EL Master Plan Facilitation Support (20 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Dr. Stephens, Superintendent
FROM:           Bajé Thiara, Associate Superintendent
Michelle Sinclair, Director of State, Federal, and Special Projects
DATE:            February  3, 2021            
SUBJECT:   English Learner Master Plan

PURPOSE:
To request funding to support the revision of the  Berkeley Unified School District’s Master Plan

BACKGROUND:
The current Berkeley Unified School District’s English Learner Master Plan was created in 2013, with the purpose of documenting Berkeley’s system for enrolling, identifying, placing, serving, and monitoring our English Learner (EL) students throughout their enrollment in BUSD. The plan includes processes and information for assessment, placement, standards aligned curriculum, designated English Language Development (ELD) curriculum, professional development, reclassification, student monitoring, authentic stakeholder engagement, accountability, and funding.

Over the past eight years, there have been changes at the federal, state, and local level in regards to EL students. In 2015, a new ELD Framework was introduced, and the Every Student Succeeds Act (ESSA) was passed. In 2018, the new English Language Proficiency Assessment for California (ELPAC) was introduced. At a district level, we have changed some of our curricular materials and instructional strategies as well as the structure of our Two-Way Immersion (TWI) and Bilingual Programs. A new Master Plan that includes these important changes will allow BUSD to better identify and articulate how we serve our English Learner students and their families.

Staff is requesting contracted services to support the development of the revised EL Master Plan.

FISCAL IMPACT:
$25,000

Attachments:

EL Master Plan Slide Deck

EL Master Plan Timeline

 
Attachments:
ELD Master Plan Development Timeline 2021
Presentation
14. Information Items
14.1. BERRA 2020-2021 First Interim Report
Rationale:

BERKLEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Superintendent
FROM:           Natasha Beery, Director of BSEP and Community Relations
DATE:           February 3, 2021
SUBJECT:    First Interim Report of Revenue and Expenditures in FY 2020-21 of the Berkeley Public Schools Educator Recruitment and Retention Act of 2020 (BERRA Measure E)  

The BERRA First Interim report provides a summary of the budgeted revenues and expenditures based on the allocations to each of the Resources within the Fund, organized according to the structure of BERRA Measure E of 2020.

Revenue

The 2020-21 Fiscal Year is the first year to report at First Interim for the BERRA measure, which was passed by the voters of Berkeley in March, 2020 in order to recruit and retain qualified teachers and staff for the Berkeley Unified School District (“District”) by providing funding, as specified in the Measure, to improve Berkeley public school educator salaries and address hard-to-staff positions.

For the first year of this 12 year measure, revenues are projected to total $9,956,135, which represents 6% of the District’s General Fund budget.

Unrestricted Funds, Oversight, and Expenditures

Ninety-five percent (95%) of Available Revenues from the BERRA measure are to be dedicated to supplementing the salaries of District Educators, and five percent (5%) are to be dedicated to providing programs designed to strengthen recruitment, retention and development strategies for certificated and classified District personnel, especially in hard-to-fill positions.

In order to determine the Available Revenues of the Measure, funds are first set aside in an “unrestricted” resource to meet the charges for services provided by the County of Alameda and the City of Berkeley for the preparation and collection of the tax, legal and audit fees, and to maintain a 3% reserve as required by the State. One percent (1%) of the remaining revenues ($94,528) are set aside for costs related to planning, monitoring, evaluating and reporting the use of these funds, providing support for staffing the oversight committee and attendant purposes.

Revenues totaling $8,890,404 for educator salaries are projected, of which $8,882,098 are planned for expenditure. The 5% set aside for programs and expenses related to recruitment and retention for hard to fill positions, is projected at $467,916, of which $438,420 is planned for expenditure.

Indirect Costs

The budget for 2020-21 sets aside funds for The Indirect Cost rate for 2020-21 is 5.25% and is calculated by a formula determined by the State. The rate is applied to BERRA expenses and transfers, and is projected to total $423,498. These funds are transferred to the General Fund to support the District’s common functions such as Payroll, Purchasing, Human Resources and Plant Operations.

POLICY/CODE:
Berkeley Public Schools Educator Recruitment and Retention Act of 2020

FISCAL IMPACT:
BERRA budgeted expenditures are expected to total $9,613,398

STAFF RECOMMENDATION:
Review and accept the First Interim Report for FY 2020-21 of the Berkeley Public Schools Educator Recruitment and Retention Act of 2020

 
Attachments:
BERRA 1st Interim Report 2020-21
15. Open Session Public Testimony (2nd Opportunity)
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 29, 2021, 7:19 PM

The resubmit was successful.