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:          Board of Education
FROM:      Dr.Brent Stephens, Superintendent 
Ana Vasudeo, School Board Director
DATE:          March 10, 2021
SUBJECT:  Approval of Resolution 21-032 Declaring March 21 to April 10 as the Cesar E. Chavez and Dolores Huerta Commemorative Period in Berkeley Unified School District and City of Berkeley  

BACKGROUND INFORMATION:
In 1999, the Berkeley School Board passed a Resolution supporting legislation to establish a State holiday in Honor of Cesar Chavez, which would, among other things, support an annual commemoration of Cesar Chavez in public schools, colleges, and universities on March 31st. This legislation passed and the State declared Cesar Chavez’ birthday, March 31, an official State holiday.

The Resolution before us would establish March 21 to April 10 as the period of recognition for Cesar Estrada Chavez and Dolores Huerta in the Berkeley Unified School District and City of Berkeley.

POLICY/CODE:
None 

FISCAL IMPACT: 
None

BOARD MEMBER RECOMMENDATION:
Approve Resolution 21-032.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:          March 10, 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            March 10, 2021
SUBJECT:    Approval of Non-Reelection of Probationary Certificated Employees

BACKGROUND INFORMATION:
The California Education Code provides for the employment of certificated personnel under a probationary contract.  An individual newly-employed by the District must serve a probationary period before earning permanency. A probationary certificated employee shall be notified, on or before March 15 of the employee’s second complete consecutive school year of probationary employment, of the District’s decision to not reelect the employee for the next succeeding school year.

POLICY/CODE:
Education Code section 44929.21(b)

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Approve the Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent
FROM: Pauline Follansbee, Assistant Superintendent
DATE: March 10, 2021
SUBJECT: Approval of Payroll Warrants Issued in January 2021

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 January, 2021.

POLICY/CODE:
Educational Code 41010 et seq.

FISCAL IMPACT:
$12,718,073.62, for January 2021 from various funds. 

STAFF RECOMMENDATION:
Approve payroll payments made in January, 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed. D., Superintendent
FROM: Pauline Follansbee, Asst. Superintendent of Business Services
DATE: March 10, 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. Tutor Crops, to provide online enrichment tutoring for eight groups of four K-5 or 6-12 grade students.  Enrichment tutoring will focus on English language arts and math.  The cost will not exceed $17,760.  To be paid from GEER fund.  Requested by Shawn Mansager and Michelle Sinclair.

2. Daniel Johnston, to provide project management services for the Infinite Campus rollout for the 2020/21SY. The cost will not exceed $50,000. To be paid from General Fund. Requested by Max Eissler.

3. ENGEO Incorporated, to provide supplemental geotechnical consultation services for the West Campus Follow-On Project.  The cost will not exceed $14,500  To be paid from Measure I.  Requested by John Calise. 

4. California Uniform Public Construction Cost Accounting Act (CUPCCAA) contract for Mar Con Builders to provide (3) changeable message board signs for a period of 6 weeks. Notification signs are for the Longfellow Middle School street closure gates. Signs to be placed on Sacramento and Ward Streets 3 weeks prior and 3 weeks after school opening. The cost will not exceed $12,057.00.  To be paid from Measure I.  Requested by John Calise.

5. Increase to PO 210341 for Stanton Inspection Services to provide additional inspection for the John Muir Cafeteria Project.  The Board originally approved $42,500 on 11/6/19.  The additional amount will increase the cost by $5,000 to for a total of $47,500.  To be paid from Measure I.  Requested by John Calise. 

6. Increase to PO 210450 for Stormwater Specialists, Inc. to provide additional project stormwater management services for the West Campus Capacity Project.  The Board originally approved $13,160 on 7/2/20.  The additional amount will increase the cost by $7,960 for a total of $21,120.  To be paid from Measure I.  Requested by John Calise.

7. Increase to PO 210241 for Flowater Inc to provide additional fresh water dispensing machines for all BUSD sites. The Board originally approved $9,000 on 7/13/20. The Board approved an additional $6,000 on 11/30/20. The additional amount will increase the cost by $15,000, for a total of $30,000. To be paid from Measure H.  Requested by John Calise.

8. Ratification of  contract with Colbi Technologies for software services fees not to exceed the amount of $33,750 through June 30, 2021. To be paid from Measures AA, I and G. Authorized by John Calise.

9. Ratification of contract increase with Mobile Modular in the amount of $25,023.43 for a total contract amount of $98,277.51 for the Rosa Parks Portable Project. To be paid from Measure AA. Authorized by John Calise.

10. Increase in contract, PO #210762 to Susan Marcus to provide communication and graphic arts services to the District.  The contract was originally for $5,000.  The additional amount needed is $13,365 for a total of $18,365. To be paid from onetime COVID related Funds, BSEP Funds and General Funds. Requested by Natasha Beery.

11. Increase in contract, PO#210624 to Saihla Systems to provide website maintenance and design support for the District.  The Board originally approved $15,000 on 11/4/20.  The additional amount needed is $10,000, for a total amount of $25,000. To be paid from onetime COVID related Funds.  Requested by Natasha Beery.   

12. Increase in contract, PO #210883 to Language Line Services, to provide interpretation services to Special Education Department.  The contract was originally for $5,300.  The additional amount needed is $5,000 for a total of $10,300. To be paid from onetime COVID related Funds. Requested by Shawn Mansager.

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

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            March 10, 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 School Fund donated $1,972.49 to pay for promotional video for Longfellow at the request of Paco Furlan.
2. Berkeley High School Development Fund donated $28,020., for the purpose of after school tutoring.

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 $ 29,992 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Baje Thiara, Associate Superintendent, Educational Services
DATE:         March 10, 2021
SUBJECT:   Ratification of Amended Memorandum of Understanding with Lifelong Medical Care Kids’ Village

BACKGROUND INFORMATION:
On November 18, 2020 the Board approved an MOU with Lifelong Medical Care Kids’ Village to provider instructors to supervise and support Bubble Groups at Rosa Parks Elementary School in the amount of $53,742.59.

The Board approved the following increases:

• December 19, 2020 there was an increase of $7,743.34 to extend services to the end of January for a total of $61,485.93.
• February 3, 2020, there was an increase of $23,267.95 to extend services through February for a total of $84,753.88.

The additional amount needed to extend services during the month of March is $22,314.25 for a total of $107,068.13 with an option to add months if both BUSD and Lifelong Medical Care Kids’ Village give approval.  To be paid from ESSER Funds.  Requested by Michelle Sinclair.

POLICY/CODE:
None

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

STAFF RECOMMENDATION:
Approve the amended contract for an additional $22,314.25 with Lifelong Medical Care Kids’ Village for school year 20-21.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:    Bajé Thiara, Associate Superintendent
Shawn Mansager, Executive Director of Special Education
DATE:         March 10th, 2021
SUBJECT:  Approval of Amendment of Master Contract for Nonpublic Agency Services for 2020-21 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). In preparation for the Hybrid Learning model the Executive Director of Special Education, Program Manager and Supervisors analyzed the current service schedules for District Instructional Aides/Paraprofessionals (IAPPs) and Registered Behavior Technicians (RBTs) contracted through the Speech Pathology Group (SPG) to ensure we are meeting student needs. In order to maintain stable groups, and provide in-home services for students who may be immunocompromised, it was determined that we need additional Non-Public Agency contractors.

Special Education Services is seeking one-time additional Covid Relief funding for 10 Paraeducators from Maxim between March 11,2021 and June 4th, 2021. The contract would be amended by an increase of $ 80,692 to the original contract amount, and the new contact total is $216,308. The current contract has unused funds of $135,616, so $80,692 is the requested amount to cover the cost of these additional services.  

Current RBT and IAPPs are serving multiple students, and it was determined we needed an additional 20 RBTS and/or Paraprofessionals (10 from Maxim Healthcare Staffing Services, Inc) to provide in-home support and to maintain stable groups that meet public health safety guidelines. As these internal IAPP candidates are hired, these contractors will be replaced as necessary. The Berkeley Council of Classified Employees, AFT Local 6192 have been notified of the temporary hires. There are currently 5 internal IAPP candidates testing with the Personnel Commission. As these internal IAPP candidates are hired, these contractors will be replaced as necessary.

Price Comparison:

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
This amendment for the contract is one-time Covid Relief additional funding of $80,692. 

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:       Bajé Thiara, Associate Superintendent
Shawn Mansager, Executive Director of Special Education
DATE:         March 10th, 2021
SUBJECT:  Approval of Amendment of Master Contract for Nonpublic Agency Services for 2020-21 School Year

BACKGROUND INFORMATION:
The District contracts with nonpublic agencies, when necessary, to provide related services to students with Individualized Education Programs (IEP). In preparation for the Hybrid Learning model and to support current needs the Executive Director of Special Education, Program Manager and Supervisors analyzed the current service schedules for District Instructional Aides/Paraprofessionals (IAPPs) and Registered Behavior Technicians (RBTs) contracted through the Speech Pathology Group (SPG) to ensure we are meeting student needs and IEP obligations. In order to maintain stable groups, and provide some in-home services for students who may be immunocompromised, it was determined that we need additional temporary Non-Public Agency contractors. 

Current RBTs and IAPPs are serving multiple students, and it was determined we needed an additional 20 RBTS and/or IAPPs (10 from SPG) to provide in-home support and to maintain stable groups that meet public health safety guidelines.  The Berkeley Council of Classified Employees, AFT Local 6192 have been notified of the temporary hires. There are currently 5 internal IAPP candidates testing with the Personnel Commission. As these internal IAPP candidates are hired, these contractors will be replaced as necessary.

Special Education Services is seeking one-time additional Covid Relief funding for 10 RBTs from SPG between March 11,2021 and June 4th, 2021. The original SPG contract was Board approved on 9/2/2020 for $3,973,067 which provided 23 RBTS and other positions. The 10 additional RBTs will increase the contract an additional $290,894 to $4,263,961. 

SPG will provide the following additional services:

? SPG will reassign Registered Behavior Technicians (RBTs), based on BUSD’s priorities

? RBTs will serve a 6.5 work day (30 minute lunch)

?  RBT work during a hybrid model will be a combination of in-home support,  push-in support in general education classes, zoom breakout rooms with behavioral and academic support, parent consult, small group support, behavioral coaching, lesson adaptation, and 1:1 check-ins. Unfilled blocks in the morning will likely be used for prep/review of upcoming assignments in Google Classrooms, consult with case managers as needed about accommodations to assignments, communication/problem solving with BCBA, etc.

?  SPG will provide consistent sub coverage for RBTs

?  RBTs will far exceed the minimum qualifications required by the Behavior Analyst Certification Board. They will participate in monthly continuing education tailored to meet the needs of the district

?  SPG will focus on data. RBTs will record daily data on tablets assigned by SPG. Data will be reviewed weekly by BCBAs and progress reports will be generated three times per year, or at any time upon request. District-wide outcome data will also be provided

Price Comparison:

POLICY/CODE:
Education Code 39800

FISCAL IMPACT:
This amendment to the contract is for one time Covid Relief funding of $290,894.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Dr. Stephens, Superintendent
FROM:           Bajé Thiara, Associate Superintendent
Dr. Phillip Shelley, Director of Student Services
DATE:            March 10, 2021
SUBJECT:    Sport for Learning Contract

PURPOSE:
To have the board review and approve the contract with Sports for Learning to provide critical services to facilitate in-person instruction at eleven sites. 

Sports for Learning was founded in 2012 to support improved student outcomes through STEAM-themed sports and physical activities. In this work, Sports for Learning has helped partner districts improve attendance, academic, and social outcomes including an increased sense of belonging and community. Sports for Learning coaches run their programs during lunch, recess, PLC, afterschool, and Saturday remediation opportunities.

In the subsequent years, Sports for Learning saw indications that social-emotional learning and whole-child education were emerging as a priority for holistic student success. Sports for Learning has partnered with CASEL as part of their SEL Provider's Council, and aligned their programs to California PE and Health Standards. In this last year, as Sports for Learning began to support distance-learning modalities, their partners also began requesting their support to return to in-person instruction. With a combination of our SEL-Based Physical Activities adapted for social distancing, "safe-play" socialization protocols, tutoring/homework help, check-in/check-out, and lunch distribution Sports for Learning has created dozens of customized in-person return programs across California.

All sports for learning staff have an undergraduate degree or are currently pursuing an undergraduate degree in Education.  Sports for Learning will provide support for 8 weeks.

We are committed to hiring eligible staff. Therefore we conducted a survey regarding IT/BEARS availability to work extra hours at school sites.  The survey went out to extended learning staff.  44 staff members responded to the survey, with 15 indicating their interest in working extra hours.  There are currently 6 candidates testing with the Personnel Commission.  There are currently 6 IT/BEARS on the eligibility list that are being interviewed. As these candidates are hired, these contractors will be replaced as necessary.

FISCAL IMPACT:
This contract is in the amount of $1,008,000. It will be funded through one-time Extended Learning funds.   

RECOMMENDATION:
After contacting and reviewing potential competitor organizations, it was determined that Sports for Learning has the capacity to meet the district's needs at this time. It is recommended that the Governing Board approve the contract agreement between the Berkeley Unified School District and Sport for Learning.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Brent Stephens, Superintendent
FROM:        Natasha Beery, Director of BSEP and Community Relations
Pauline Follansbee, Associate Superintendent, Business Services
DATE:        March 10, 2021
SUBJECT: Recommendation for Expenditure of BSEP Funds for Class Size Reduction in FY 2021-22

BACKGROUND INFORMATION:
According to Measure E1 of 2016, “sixty-six percent (66%) of the Available Revenues shall be dedicated annually to reducing class sizes at all District-operated K-12 schools, and may also be allocated to provide funding for professional development, classroom support, program evaluation, and expanded course offerings.”^[1]

Class Size Reduction and the Teacher Template

The contribution of BSEP Class Size Reduction (CSR) Funds for classroom teachers is estimated using a planning tool known as the “Teacher Template.” The Teacher Template calculates student enrollment and staffing for class size ratios to be paid for by General Fund (GF) resources, and then calculates additional staffing to be paid for by BSEP funds to determine the total number of teacher staffing, expressed as Full Time Equivalent (FTE).

In 2020-21, continuing pressures on the General Fund drove an adjustment to the relative contributions of the GF and BSEP to the class size reduction calculation, so that for K-5 grades, the GF supported staffing ratios at 36:1 (instead of 34:1), and BSEP provided the funds to bring the class sizes down to the specified targets. Class sizes were not affected; the BSEP funds assumed a greater share of the FTE required to achieve targeted class sizes. This revised ratio is continued in 2021-22.

The Teacher Template, representing the plan for Class Size Reduction in 2021-22, was shown in draft form to the P&O Committee on 2/11/2021, and brought for approval at the 2/25/2021 meeting. After further review with Admissions, Educational Services, and Business Services to ensure that staffing allocations derived from the Teacher Template would ensure appropriate class sizes at each site and grade span, a revised Teacher Template was brought for information at the 3/9/2021 P&O meeting and for Board approval at this 3/10/2021 meeting.

The Teacher Template Class Size Planning Document is attached as Appendix A.

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

FISCAL IMPACT:
Expense to the BSEP Measure E1 Effective Student Support resource in 2021-22 is estimated to be $15,224,900.

STAFF RECOMMENDATION:
Approve the Recommendation for Expenditure of BSEP Funds for Class Size Reduction in FY 2021-22

^[1] BSEP Measure E1 of 2016, Section 3.A

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D, Superintendent 

John Calise, Executive Director of Facilities 

DATE: March 10, 2021  

SUBJECT: Measure G Program Budget Adjustments

PURPOSE  

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

BACKGROUND  

On November 5, 2020, the first issuance, Series A of the Measure G bonds were sold and funded.  Included in Series A was a separate tranche for technology as approved within the ballot language and by the Governing Board.  This tranche was for a total of $2,200,000. and was issued on a two-year term.  In January of 2021, the Board authorized $500,000. Of this tranche be allocated on the Measure G Program Budget sheet.  With the growing need for additional technology expenditures as we prepare to return to in-person instruction, the Facilities Department suggests the allocation of the remainder of the tranche is shown on the budget worksheet to allow for technology to purchase infrastructure and end-user items as needed.      

1. Allocate the remainder of the Measure G technology tranche for technology related expenses.  This allocation totals $1,700,000. For a total technology program budget of $2,200,000.

RECOMMENDATION  

Approve the transfer of funding from the unallocated fund balance, to the technology line of the Measure G Program Budget. 

FISCAL IMPACT  

Cost Neutral All costs are contained within Measure G.

RELATED PAST BOARD ITEMS  

January 6, 2021

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           March 10, 2021
SUBJECT:    Approval of Van Pelt Construction Services for Multiple BUSD Construction Projects for Services Beginning March 2021

BACKGROUND INFORMATION:
The District has utilized Van Pelt Construction Services since 2011 to provide program, project, and construction management services.  Staff recommends fixed-fee contracts for construction management as they allow for better budgeting, provide incentives to the firm to manage their expenses better, and simplify our accounting. We currently have outstanding contracts with Van Pelt Construction Services that were approved in a previous board meeting. Included in the Construction Management scope is the management of the Measure I PLA requirements for all contractors and subcontractors. The following approval and the fees are being recommended are for new construction projects:

The industry standard for these services is 8% of the planned construction costs.  Staff analyzed the project management/construction management costs from the inception of the projects through this proposed approval.  Staff has negotiated a total amount less than the industry standard for all projects. The remainder of the projects are within the 4.5% - 6% range depending on the size and degree of programming required. As per the newly negotiated contract, all Measure G projects will be at a fixed flat rate of 4%.

POLICY/CODE:
Board Policy 3310.

FISCAL IMPACT:
Contract award by this action: 

$199,485 to be paid from Measure I Bond Funds

$ 90,000  to be paid from Measure G Bond Funds

STAFF RECOMMENDATION:

Approve a contract with Van Pelt Construction Services for the projects listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Superintendent

FROM:  John Calise, Executive Director of Facilities

DATE:         March 10, 2021

SUBJECT:  Resolution 21-028 to Establish the Tax Rate for the Facilities Safety and Maintenance Act of 2020 and Revenue Projection for 2021-22

BACKGROUND INFORMATION
The legislation establishing the Facilities Safety and Maintenance Act of 2020 (Measure H of 2020) authorizes the levy of a special tax as stipulated in Section 4 of the Measure. The revenues raised by the Measure are to be used to provide essential maintenance to all buildings and grounds of Berkeley Unified School District (“District”) by providing funding, as specified in the Measure, to improve safety and essential maintenance to all facilities.

Tax Rate: This Measure authorized the District to levy a special tax beginning July 1, 2020, and continuing for a period of ten (10) years (“Special Tax”) on Parcels of Taxable Real property in the District. The Special Tax was initially levied at the rate of 9.1 cents ($0.0910) per square foot on the Square Footage all Improvements and $20 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
Facilities Safety and Maintenance Act of 2020 (Measure H of 2020)

FISCAL IMPACT
Revenues are projected to be $7,367,000 for FY 2021-22

STAFF RECOMMENDATION
Adopt the approved resolution setting the tax rate for the Facilities Safety and Maintenance Act of 2020 (Measure H of 2020) for FY 2021-22.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: March 10, 2021

SUBJECT: Authorization to Approve a Change Order for the Rosa Parks Elliptical Canopy Repair and Approval of Futility Resolution 21-033

BACKGROUND INFORMATION 

On April 15, 2020, the Board awarded a contract to Stronger Building Services., Inc. to repair and replace panels on the elliptical canopy at Rosa Parks Elementary School. The Rosa Parks Elliptical Canopy Project supports the certification of the original Rosa Parks construction and is required by the Division of the State Architect in order to move forward with subsequent projects including the Multi-purpose Room Roof Replacement Project.

The project is not yet complete.  The bid was awarded for a total of $480,000.  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:

• Corrections required by the Division of the State Architect to certify the project, and

• Updated safety corrections

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 has not yet been fully determined, however, staff estimates that it will be roughly 14% due in part to the modifications and change requirements put forth by the governing agency.        

STAFF RECOMMENDATION

Approve the attached Futility Resolution Number 21-033.     

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent Business Services
DATE:            March 10, 2021
SUBJECT:     Resolution for 2021 General Obligation Refunding Bonds (Federally Taxable)

BACKGROUND INFORMATION:

2021 General Obligation Refunding Bonds (Federally Taxable)

On November 7, 2010, voters approved Measure I for a total authorization of $210,000,000.  In May of 2013, the District issued the Berkeley Unified School District General Obligation Bonds, Election of 2010, Series C (2013) (“Series C Bonds”) for a total par amount of $40,000,000.  The Series C Bonds have a final maturity of August 1, 2052 and are first callable on August 1, 2023.  The Series C Bonds have a total outstanding par amount of $40,000,000.                                                                                                                              

In late June of 2015, the District issued the Berkeley Unified School District General Obligation Bonds, Election of 2010, Series D (2015) (“Series D Bonds”) for a total par amount of $50,000,000.  The Series D Bonds have a final maturity of August 1, 2045 and are first callable on August 1, 2023 at a price of $101.  The Series D Bonds have a total outstanding par amount of $50,000,000.      

Due to favorable market conditions, the District has the opportunity to advance refund the Series C Bonds and Series D Bonds for taxpayer savings.  Based on market conditions as of mid-February, a taxable advance refunding of both the Series C Bonds and the Series D Bonds is estimated to generate $16.7 million in gross savings or $8.5 million net present value savings.  The current plan of finance anticipates shorting the final maturity of the 2021 General Obligation Refunding Bonds by six-years to August 1, 2046. 

The Resolution authorizes the issuance of the 2021 General Obligation Refunding Bonds, specifies the basic terms, parameters and form of the Bonds and approves the form of Notice Inviting Proposals for Purchase of the Bonds, the form of Notice of Sale, the form of Preliminary Official Statement, and the form of Continuing Disclosure Certificate. The Resolution authorizes the bonds be sold at a competitive sale, and authorizes KNN Public Finance, the District’s Municipal Advisor, to solicit bids from prospective bidders, and award the sale of the Bonds on the basis of the lowest true interest cost.

FISCAL IMPACT:
No financial impact on District Funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Board of Education
FROM:   Brent Stephens, Ed.D., Superintendent
DATE:   March 10, 2021
SUBJECT:   Vote for Delegate to the California School Boards Delegate Assembly 

BACKGROUND INFORMATION:
The California School Boards Association (CSBA) is a collaborative group of virtually all of the state's more than 1,000 school districts and county offices of education. It brings together school governing boards and their districts and county offices on behalf of California's children.

CSBA members elect representatives from 21 geographic regions. Alameda County is Subregion 7-B and there are four vacancies in our region.

California School Board Directors are eligible to vote in this election. The Board as a whole may vote for up to the number of vacancies as indicated on the ballot. Regardless of the number of vacancies, the Board may cast no more than one vote for any one candidate.

Election results will be posted on CSBA's website on April 1, 2021.

POLICY/CODE:
None

FISCAL IMPACT:
None

RECOMMENDATION:
Vote for all three candidates:

• Sara Prada
• Diana Prola
• Dianne Jones

Date:  March 10, 2021

To:  BUSD Board of Education

From:  Brent Stephens, Ed.D., Superintendent

Re:  Phased Plan for School Reopening

On February 16, 2021, BUSD and the Berkeley Federation of Teachers were able to reach an important agreement with the Berkeley Federation of Teachers about vaccinations through the City of Berkeley.

The agreement, if ratified approved by BFT, establishes a timeline for vaccinating all our employees:

Employee Vaccination Schedule, in partnership with the City of Berkeley

If the district and City of Berkeley are able to maintain this vaccination schedule, the agreement with BFT also establishes the following timeline for reopening our schools into a hybrid model if the Public Health Department allows for reopening at each level.  (A distance learning model will also be provided for families who do not opt to send their children to school.)

School Re-Opening Target Dates (Hybrid Model)

In this presentation, the Superintendent will update the Board of Education on vaccinations for employees and reopening plans for Elementary Schools, Middle Schools, and High Schools. 

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
Flor Anne Palma, Supervisor of Special Education, Elementary
Lena Sweeney, Supervisor of Special Education, Middle School
Alyssa Lund, Special Education Supervisor, Berkeley High School
Stephanie Dictado, Supervisor of Special Education, Early Education
DATE: March 10th, 2021
SUBJECT: Special Education Services Update

PURPOSE:  Provide an update of current services and supports in place and provide an overview of reopening plans and summer services for students with Individual Education Plans.

BACKGROUND:
The COVID-19 pandemic has had a profound impact across all levels of Berkeley Unified School District (BUSD) and especially many of our students with disabilities.  The rapid shift to distance learning brought an onslaught of challenges to students, families, educators and administrators. Since school closures Special Education Services  has supported staff in strengthening 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. Special Education Services is committed to continual improvement with distance learning,  planning for the transition back to campus and supporting learning recovery. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Board of Education
FROM:         Brent Stephens, Ed.D., Superintendent
DATE:          March 10, 2021
SUBJECT:     2021-22 Brief Budget Update: State and Federal One-Time COVID-19 Relief Funds 

BACKGROUND INFORMATION:

On March 5, 2021, Governor Newsom signed AB 86 (Committee on Budget) providing $2 billion for safe in-person instruction support and $4.6 billion for expanded academic, mental health and social-emotional support. The California Department of Education will notify local education agencies (LEAs) of their total apportionment within 15 days of the enactment of the bill.

The signed legislation comes after several months of discussions and deliberations and will take effect immediately. We anticipate the California Department of Education to have estimates of how much LEA will be receiving in the coming weeks.

$2 Billion for School Reopening  

All LEAs are eligible to these funds, but not all LEAs will necessarily meet the criteria for expending them. The funds will be allocated in proportion to the LEA’s total LCFF entitlement target. The program no longer excludes Independent Study ADA. 

 We are told LEAs will receive half of the funding in May and the other half in August. According to the Administration, the two payments include both grants, with a true-up in the second payment if the LEA received funds they are not eligible to receive.  

 In order to be eligible to expend the funds, LEAs must provide in-person instruction by April 1, with the ability to gain partial funding on a sliding scale if open by May 15.  Between April 1- May 15, an LEAs funding will be reduced by 1% for each day of instruction the LEA did not provide in-person instruction. 

The definition of “in-person instruction” is defined as including hybrid settings and as follows: 

•        In-person instruction means “instruction under the immediate physical supervision and control of a certificated employee of the local educational agency while engaged in educational activities required of the pupil”  
•        Above 25/100,000 (Deep Purple): Must offer in-person instruction to the prioritized student cohorts but may limit the number of pupils within the prioritized cohorts that receive in-person instruction if the number of pupils in these cohorts exceeds the physical capacity of an LEA to maintain health and safety pursuant to its COVID-19 safety plan  
•        Below 25/100,000 (Purple): Must offer in-person instruction to the prioritized student cohorts, and K-Grade 2  
•        Red/Orange/Yellow: Must offer in-person instruction to prioritized student cohorts, K-Grade 6, and one full grade above grade 6 (local choice)  
• “Prioritized pupils” include: 
•  Foster and homeless youth  
  • English learners 
  • Foster and homeless youth
  • Special Education pupils
  • Pupils at risk of abuse, neglect, or exploitation 
  • Disengaged pupils
  • Students lacking access to adequate internet access

In the purple tier only, LEAs are required to follow the CDPH testing cadences for all students and staff. Testing for Red/Orange/Yellow counties must be consistent with the locally adopted COVID-19 Safety Plan. There is a grandfathering clause for those LEAs that have a COVID-19 Safety Plan approved by April 1. The bill also retains the data reporting requirements and school closure information requirement.  

Schools must provide continuous in-instruction through the end of the scheduled 2020-21 school year in order to maintain compliance. If an LEA fails to provide continuous in-instruction, it will forfeit all funds apportioned under this grant. However, if an LEA is told to close by a local or state agency, there is no penalty.   

The deal codifies in statute the Governor's recent announcement to prioritize a portion of vaccines for school staff providing in-person services. However, it includes a provision that states, “this section shall not be construed as inferring that vaccination of school staff or pupils is a prerequisite for providing in-person instruction. It also does not refer to “collective bargaining agreement” or “Memorandum of Understand” anywhere in the bill. 

$4.6 Billion for Expanded Learning Time and Academic Interventions 

All LEAs will receive these funds in proportion to their total LCFF entitlement target. LEAs will also receive $1,000 per homeless pupil enrolled as of the 2020-21, as reported in CALPADs as of the 2020-21 Fall 1 Submission. A state special school shall receive $725 per ADA as of the 2020-21 second principal apportionment certification. 

 At least 85% of the funding must be spent to support in-person instruction and up to 15% may be used to support distant learning. LEAs that did not receive any of the $2 billion for reopening may use 10% of these funds for reopening costs. 

Consistent with prior versions of this proposal, the funding is remarkably flexible but must only be spent on the following:  

•        Extending instructional learning time in addition to what is required for the 2020–21 school year and the 2021–22 and the 2022–23 school years by increasing the number of instructional days or minutes provided during the school year, providing summer school or intersessional instructional programs, or taking any other action that increases the amount of instructional time or services provided to pupils based on their learning needs.   
•        Accelerating progress to close learning gaps through the implementation, expansion, or enhancement of learning supports including, tutoring or other one-on-one or small group learning supports provided by certificated or classified staff, learning recovery programs and materials designed to accelerate pupil academic proficiency or English language proficiency, or both, and educator training, for both certificated and classified staff, in accelerated learning strategies and effectively addressing learning gaps, including training in facilitating quality and engaging learning opportunities for all pupils.  
•        Integrated pupil supports to address other barriers to learning, such as the provision of health, counseling, or mental health services, access to school meal programs, before and after school programs, or programs to address pupil trauma and social-emotional learning, or referrals for support for family or pupil needs.  
•        Community learning hubs that provide pupils with access to technology, high-speed internet, and other academic supports.  
•        Supports for credit deficient pupils to complete graduation or grade promotion requirements and to increase or improve pupils’ college eligibility.  
•        Additional academic services for pupils, such as diagnostic, progress monitoring, and benchmark assessments of pupil learning.  
•        Training for school staff on strategies, including trauma-informed practices, to engage pupils and families in addressing pupils’ social-emotional health needs and academic needs.  

For the purpose of the Expanded Learning Grant, “prioritized pupils” include: 

•        Foster and homeless youth  
•        English learners  
•        Low-income pupils 
•        Special Education pupils  
•        Pupils at risk of abuse, neglect, or exploitation  
•        Disengaged pupils  
•        Pupils who are below grade level (including those in danger of not graduating)  
•        Students lacking access to high-speed internet and computing devices 

 At least 10% of the portion LEAs receive in proportion to their total LCFF entitlement target, must be used to support paraprofessionals (retain or hire, with a priority for full-time paraprofessionals) and this will count towards the 85% requirement. The CDE will also identify how much each LEA will need to expend in order to meet this requirement. 

 LEAs must complete an expenditure plan for these funds prior to June 1, 2021, but may expend the funds prior to this time. The funds must be expended by August 31, 2022. 

The bill also appropriates $5 million to the California Collaborative for Educational Excellence (CCEE) to provide LEAs with support for creating these plans. The deal also provides $25 million for the Safe Schools for All Team to coordinate technical assistance and enforcement. 

NEXT STEPS:
LEAs will be notified of their total funding allocation within 15 days of the bill being signed into law. 

Funding updates from the Federal and State will be included in regular Board updates and action items during the budget development process.  We will 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 District estimates one-time AB 86 funding in the amount of $9.5 million which includes $3.1 million for School Reopening, and $6.4 million for Expanded Learning Times and Academic Interventions.  We anticipate the California Department of Education to have estimates of how much LEA will be receiving in the coming weeks.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Berkeley Unified Board of Education
FROM:  Brent Stephens, Superintendent
SUBJECT:  Waive the Need for a Second Reading
DATE:  March 10, 2021

BUSD Board Bylaw 9310,  Board Bylaws, requires that the Board conduct two readings of a policy that it seeks to amend. BB 9310 reads, “The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item.”

The full bylaw is cited below:

The District shall create and revise its policies as follows:

1. The Board, the Policy Subcommittee, or the Superintendent or designee shall regularly identify the need to adopt a new Board Policy or revise an existing Board Policy.

2. Unless the Board directs otherwise, the Policy Subcommittee shall discuss the need to adopt a new Board Policy or revise an existing Board Policy at one or more Policy Subcommittee meetings. The discussion may include, but not be limited to, how the proposed Board Policy or Board Policy change may affect student learning, community expectations, staff recommendations, and/or fiscal impact as well as the Board Policy's impact on governance and operational efficiency.

3. The Policy Subcommittee or Superintendent may request that legal counsel review the draft Board Policy as appropriate.

4. After the Policy Subcommittee approves a new Board Policy or revision to an existing Board Policy, the Superintendent or designee shall present the draft Board Policy for a first reading at a public Board meeting. At this meeting, the Board shall determine whether it wants additional modifications to the draft. If no modifications are requested, then the Superintendent or designee shall place the draft Board Policy on the agenda of the next Board meeting for the second reading and approval. The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item. If the Board determines that it wants minor modifications to the draft, the Superintendent or designee shall make the necessary changes and shall, unless otherwise directed by the Board, place the revised draft Board Policy on the agenda of the next Board for the second reading and approval. If the Board determines that it wants significant modifications to the draft, the Board Policy shall be returned to the Policy Subcommittee for further review consistent with the direction of the Board.

In this evening’s action item, the Board will vote to waive the requirement for a second reading so that it can consider and approve legally required amendments to the Section 504 policy. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Stephens, Superintendent
FROM: Bajé Thiara, Associate Superintendent
Dr. Phillip Shelley, Director
DATE: March 10, 2021
SUBJECT: BP 6164.6 Identification And Education Under Section 504

BACKGROUND:
Section 504 of the Rehabilitation Act of 1973 (Section 504) is a civil rights law that prohibits discrimination on the basis of disability in any program or activity receiving federal financial assistance from the U.S. Department of Education. The District has specific responsibilities related to the provision of a “free appropriate public education” (FAPE) to school-age individuals with disabilities under Section 504. Section 504 consists of the provision of regular or special education and related aids and services designed to meet the student’s individual educational needs as adequately as the needs of students without disabilities are met.

FISCAL IMPACT:
N/A

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Ed., Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            March 10, 2021
SUBJECT:    Certification of Second Interim Report for the Period Ending January 31, 2021

Staff has prepared the Second Interim report in compliance with Education Code EC 42131(a)(1) requirements and AB1200.  The Second Interim Report covers the reporting period from July 1, 2020 ending January 31, 2021.  The report is required to be approved by the governing board no later than 45 days after the close of the reporting period 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 Second Interim Report, along with assumptions using the School Services of California, Inc. Dartboard, which provides school districts critical economic indictors for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover.  The Second 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 Second Interim Report
5. Form 01 – General Fund on Restricted and Unrestricted formats
6. Form 11–67 for all other District funds
7. Form A – Average Daily Attendance
8. Form Cash—Cash Flow
9. General Fund Multi-year Projection using the MYP software (under separate cover)
10. Criteria and Standards

This Second Interim Report along with the Multi-year Projections (under separate cover) indicates 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 Second Interim Report to the County with a positive certification.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       BUSD Board of Education
FROM:  Samantha Tobias-Espinosa, Assistant Superintendent
DATE:   March 10, 2021
SUBJECT:      Certificated Hiring Diversity Update

The chart below presents information related to the diversity of those hired into certificated positions since 2014 to the current school year.

The charts below present information related to the diversity of those hired and retained in certificated positions as of the current school year.

The charts above present our recent history of recruitment and retention of certificated employees. The data shows that we have room for improvement.

In March 2020 the voters of Berkeley passed the Berkeley Educator Recruitment and Retention Act (BERRA). The act includes money set aside to support hiring of diverse candidates of color to serve our students through recruitment, retention, and development. In the past year these are the steps that have been taken and the work that is continuing to be achieved in this area:

•       Hired a Classified Professional Development Coordinator to support the retention and development of our classified staff.
•       Hired a BERRA Teacher on Special Assignment to support our goals of improved recruitment of diverse candidates and educators of color.
•       Transitioned to hiring new teachers for Fall 2020 on probationary contracts to provide an established relationship with our new hires. Previously all new teachers were hired on a temporary basis and were not rehired until late in the spring/early summer. Those on probationary contracts are on the tenure track which allows them to feel more secure in their employment future with BUSD. Making contract offers to candidates starting in March for hard to fill positions.
•       Working with the Teachers of Color Network to review our hiring practices including questions used in teacher interviews and  obstacles in the application and onboarding processes to remove barriers to hiring a diverse teacher workforce.
•       Moved to a paperless onboarding process using NEOGOV and transitioning to electronic employee files.
•       Business Services and Human Resources working as partners to improve our internal processes to improve the experience of all employees as well as decrease errors and lag in the hiring process.
•       Holding hiring events that allow BUSD to attract, interview, and hire highly qualified diverse candidates to serve our students.
•       Increased transparency about the position control system through public reporting during the board meetings of changes.
•       Continued support of the classified staff participating in the Berkeley Pathway to Achieve Credentialed Teachers (BPACT) a state grant that provides funds to cover tuition and other credential program costs. Two graduates are currently working for BUSD.
•       Developing and implementing a robust recruitment plan including training for administrators on hiring practices and interviews, relationships with universities including historically black colleges and universities, attending hiring events at conferences and colleges, and posting positions in multiple locations.