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

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

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:       Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:          April 21, 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:              April 21, 2021
SUBJECT:       Approval of UBA MOU

BACKGROUND:
Berkeley Unified School District and Union of Berkeley Administrators (UBA) have met and conferred in good faith and agreed on the attached Memorandum of Understanding (MOU):

STAFF RECOMMENDATION:
Approve the attached MOU.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            April 21, 2021
SUBJECT:      Approval of BFT Middle School & High School MOUs

BACKGROUND:
Berkeley Unified School District and Berkeley Federation of Teachers (BFT) have met and conferred in good faith and agreed on the attached Memorandums of Understanding (MOUs):

STAFF RECOMMENDATION:
Approve the attached MOUs.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:             April 21, 2021
SUBJECT:      Approval of Local 21 MOU

BACKGROUND:
Berkeley Unified School District and International Federation of Professional & Technical Engineers, Local 21, AFL-CIO (Local 21) have met and conferred in good faith and agreed on the attached Memorandum of Understanding (MOU):

STAFF RECOMMENDATION:
Approve the attached MOU.

                                                                                                                                                                      BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  
FROM: John Calise, Executive Director of Facilities 
DATE:       April 21, 2021    
SUBJECT: Approval of the Measure I Developer Fee Allocation

BACKGROUND INFORMATION  

Under the Board Approved Developer Fee program, the Facilities Division currently collects Developer Fees from developers and owners for all renovations and new construction that is permitted in the City of Berkeley.  The purpose of these developer fees is to offset the facilities’ cost for student growth.  Per the District’s developer fee justification study, student growth is defined as increased enrollment, new and or modernized facilities to support curriculum that supports the educational goals of the District, and improved spaces to facilitate teaching and learning within a 21st-century learning environment.  

On November 4, 2020, and December 9, 2020, the Board approved the modernization of the Growing Leaders Classroom at Willard Middle School and the CTE Classroom and Security Project at Berkeley Technical Academy.  Both of these projects are in support of student growth as defined by our developer fee justification and align with the intent of the fees in this fund balance.  

The estimates of the current project scopes exceeded the original project budgets which were developed in Q1 of 2020.  It was determined from working with the design team that changes to the project scopes would have a detrimental impact on the programmatic scopes that these projects are designed to support.  It is recommended that the Board allocate $1,415,000. of the Developer Fee fund Balance to offset the costs of these projects.  This allocation will allow the projects to be built to best support the programmatic needs as designed.

FISCAL IMPACT :
No impact.  This is an allocation from the Developer Fee Fund Balance to the Measure I Project Budgets.  The total allocation is $1,415,000 and is contained within the fund balance

RECOMMENDATION:
Approve the allocation of developer fees to Measure I project budgets

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  
FROM: John Calise, Executive Director of Facilities 
DATE:       April 21, 2021    
SUBJECT: Approval of the Schematic Design of the BTA Safety and CTE Project

BACKGROUND INFORMATION  

The Board approved a project budget for BTA Safety and CTE on December 9, 2020, in the amount of $2,715,000. HY Architects has been working on the design of the project. Attached to this cover memo is a presentation that includes site plans, floor plans, and elevations.  There have been five Site Committee Meetings, topics are shown below:  

Workshop 1 – Growing leaders background and program requirements

Workshop 2 – Review of the existing conditions and clarification of needs

Workshop 3 – Review of draft SD options proposed by the team

Workshop 4 – Presentation to and discussion with the campus community

Workshop 5 – Community presentation

Attached to this cover memo is the presentation which includes site, floor plans, and elevations.

                                                                                                                                                              BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  

FROM: John Calise, Executive Director of Facilities 

DATE:       April 21, 2021    

SUBJECT: Approval of the Schematic Design of the Willard CTE Classroom Project

BACKGROUND INFORMATION  

The Board approved a project budget for Willard CTE on November 4, 2020, in the amount of $1,000,000. Dialog Architects has been working on the design of the project.  

We have had five meetings with the Site Committee and have worked diligently to ensure the scope of the project is appropriate to the site needs. Attached to this cover memo is a presentation that includes site plans, floor plans, and elevations.  The site committee meetings consisted of the following topics:

Workshop 1 – History and goals of CTE program 

Workshop 2 – Review of the existing conditions and clarification of needs

Workshop 3 – Review of draft SD options proposed by the team

Workshop 4 – Presentation to and discussion with the campus community

Workshop 5 – Community presentation

The estimate of the current scope exceeded the original project budget which was developed in Q1 of 2020.  It was determined from working with the design team that changes to the project scope would have a detrimental impact on the programmatic scope that the project is designed to support.  For this reason, the Facilities Division recommends full funding of this project.

POLICY/CODE :
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT  :
$1,755,000 from the Measure I program budget.  All costs are contained within the new project budget subsequently approved by the Board.

RECOMMENDATION:
Approve the schematic design for the Willard CTE project.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:          Shawn Mansager, Executive Director of Special Education
DATE:           April 21, 2021
SUBJECT:      Ratify of Master Contract for Residential Treatment Center for 2020-2021 School Year

BACKGROUND INFORMATION

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

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

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

IEP placement started on 3/16/2021. SPED was able to release $143,000 from Mountain Valley RTC contract (PO#211131, student stepped down to NPS). The released funds will be used toward this new placement, not additional contribution required.

POLICY/CODE:
Education Code 56034, 56366

FISCAL IMPACT:
Not to exceed $40,944.00 from the Special Education Budget.

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         April 21, 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.GMK Psychological Services, to provide consulting and Psychoeducational Practices and Assessments Audit for Special Education Department for the period from 4/21/21 – 6/30/21. The cost will not exceed $10,500.To be paid from Special Ed 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 Ed. D., Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            April 21, 2021
SUBJECT:     Approval of Contract Amendment with American Logistics for Non-Public School (NPS) Transportation School Year 2020-2021

BACKGROUND INFORMATION:
Since August 2014, the District has had a contract with American Logistics to provide transportation for students attending Non-Public Schools (NPS), which automatically renews each year.

Due to COVID19 Pandemic and Physical Distancing Guidelines for Berkeley Unified School District Transportation Department school buses for Phase 1 & Phase 2 Reopening, American Logistics Company (ALC) has agreed to assist with pupil transportation for SPED and GEN-ED OFEE pupils returning in-person for the remainder of the 2020-2021 school year.

As a result, the transportation department for 2020-2021 regular school year we will need an additional $125,000 to cover the remaining invoices.  The total budget for 2020-2021 school year school of $175,000.

STAFF RECOMMENDATION:
Approve increase in contract with American Logistics for 2020-2021 FY for the amount of $125,000.

FISCAL IMPACT:
Total increase amount for 2020-2021 fiscal year of $125,000 will come from COVID Funding.

Date:       April 21, 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 established a timeline for school re-openings:

School Re-Opening Target Dates (Hybrid Model)

In this presentation, the Superintendent will update the Board of Education on four aspects of school reopening: Berkeley High School Extra-Curricular Activities; In-Person Graduation Events; State Academic Testing; and the current Athletics season at BHS.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Dr. Brent Stephens, Superintendent
FROM:           Bajé Thiara, Associate Superintendent
Dr. Phillip Shelley, Director
DATE:      April 21, 2021
SUBJECT:    Re-Imagining the School Resource Officer (SRO) 

BACKGROUND:
A School Resource Officer (SRO) is a law enforcement officer with sworn authority who is deployed by an employing police department or agency in a community-oriented policing assignment to work in collaboration with one or more schools.  BUSD currently has one SRO assigned to Berkeley High School.  In the summer of 2020, the BUSD Board of Education approved resolution 20-067, Re-Envision the Role of the Police on Berkeley High School Campus.  The SRO Steering Committee was formed to examine the SRO position and its feasibility on the BHS campus and to make recommendations to the BUSD Board of Education that re-imagine the role of the SRO.

FISCAL IMPACT:
N/A

RECOMMENDATION:
It is recommended that the Governing Board receive recommendations for re-imagining the SRO position on the Berkeley High School campus.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Board of Education Directors
FROM:            Dr. Brent Stephens, Superintendent
Dr. Thomas Reinhardt, BREA Coordinator
DATE:             April 21, 2021
SUBJECT:    Local Control and Accountability Plan (LCAP): Data and Goals

PURPOSE:
In this presentation to the Board of Education, staff will share a review of the goals, actions, and metrics in the district’s previous three-year Local Control and Accountability Plan. In this presentation, staff will make suggestions for how to revise goal statements and measurements in the coming 21-24 LCAP. This review, along with several examples created by staff, are meant to prompt discussion by the Board of the previous plan and to provide guidance to staff for the 21-24 LCAP.

BACKGROUND:
The LCAP is a three-year plan that describes the goals, actions, services, and expenditures to support positive student outcomes that address state and local priorities. A new three year LCAP will be developed for the 2021-2024 school years.

FISCAL IMPACT:  N/A

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Board of Education
FROM:        Brent Stephens, Superintendent, and
Natasha Beery, Director of BSEP and Community Relations
DATE:        April 21, 2021
SUBJECT: Recommendation for Expenditure of BSEP Funds in 2021-22 for High Quality Instruction (PD, BREA, ECO, Classroom Support), Essentials for Excellence (Libraries, Music/VAPA, and Instructional Technology), and Effective Student Support (Achievement Strategies and Counseling).

BACKGROUND INFORMATION:
The Berkeley Schools Excellence Program (BSEP) special tax, also known as Measure E1 of 2016, provides essential resources to the Berkeley Public Schools, amounting to approximately 20% of the District annual budget. Plans for expenditures from the Measure are brought by staff to the Planning and Oversight (P&O) Committee, composed of parent and staff representatives from every District school, for review and approval before coming to the Board for review.

So far this year, each of the following nine plans and budgets have been reviewed and approved by the P&O Committee over the course of their regularly scheduled two hour meetings held on February 23, March 9, March 23, and April 13. The minutes and materials from the meetings, which are open to the public and held in accordance with the Greene Act, are kept online for public review at the BUSD P&O Committee web page.

These plans, together with their budgets, allocated in accordance with the percentage of revenues determined by the Measure, are now ready for Board review and are appended to this document in three sections, in keeping with the structure of the Measure:

1. High Quality Instruction (66%, including Class Size Reduction)

Expenditures for Support for Teaching may be made:

a.    Professional Development

b.    Program Evaluation

c.    Expanded Course Offerings and Classroom Support

2. Essentials for Excellence (27% of net revenue)

a.    Music, Visual and Performing Arts Programs 6.25%

b.    School Libraries 7.25%

c.    Instructional Technology 3.25%

3. Effective Student Support (7% of net revenue)

a.    Student Achievement Strategies

b.    Counseling and Behavioral Health .

Note: These plans are presented in a new format, the product of collaboration between the P&O Committee and District staff. The new format begins with a program overview which includes the program mission and vision and the BSEP Measure E1 stated purpose and uses.

An “at a glance” fund use summary, along with a list of proposed changes over the prior year program helps orient readers to the core elements. A budget summary now includes commentary on sustainability of the resource for the remainder of the Measure (which expires in 2024). The issue of deficit spending from the fund balance in the High Quality Instruction budget is of particular note for monitoring in future plans such that a balanced budget may be achieved by the end of the Measure.

A section on equity and quality measures builds on elements introduced to BSEP plans a few years ago, in which program managers note the elements of the plan that attend specifically to participation and outreach, representation, diversity and inclusion, staffing/professional development, potential data and outcomes, and qualitative benefits for each resource. 

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

FISCAL IMPACT:
Expense to the BSEP Measure E1 resources in 2021-22 for these plans is estimated to total $12,672,047, with an additional $200,298 planned from the carryover in the VAPA resource from BSEP Measure A of 2006.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds in 2021-22 for for High Quality Instruction (PD, BREA, ECO, Classroom Support), Essentials for Excellence (Libraries, Music/VAPA, and Instructional Technology), and Effective Student Support (Achievement Strategies and Counseling).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources  
DATE:        April 21, 2021
SUBJECT:   Public Hearing for Initial Proposals for Successor Agreement Between the District and the Berkeley Federation of Teachers (BFT)

BACKGROUND INFORMATION:
Collective bargaining is among the most important areas where the Board of Education sets priorities for the organization and gives direction and authority to staff for negotiations.  As part of this process, the Governing Board also represents the public’s interest in negotiations with employee organizations to ensure student academic and educational needs as well as Board priorities are promoted.  The Board is committed to keeping the public informed about issues being negotiated and providing members of the public an opportunity to express their views.

Attached here and presented for public hearing are the initial proposals of the Berkeley Federation of Teachers (BFT) and the District for a successor agreement between the District and BFT for the collective bargaining agreement expiring June 30, 2021.  This “Sunshine” of the initial bargaining proposals to the public provides an opportunity for the public to comment on the initial proposals and is also required before collective bargaining can begin.

POLICY/CODE:
California Government Code Section 3547

Board Policy 4143.1

Board Policy 4243.1

FISCAL IMPACT:
Unknown at this time

STAFF RECOMMENDATION:
Conduct public hearing, approve staff’s proposal, and direct staff as appropriate.