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:              May 19, 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, Superintendent
FROM: Samantha Tobias-Espinosa, Assistant Superintendent of Human Resources
DATE: May 19, 2021
SUBJECT: Job Description for Director of Local Resources and Partnerships

BACKGROUND INFORMATION:
Attached is a job description for the position of Director of Local Resources and Partnerships. This position is being created in anticipation of a vacancy in the position of Director of BSEP and Community Relations. 

Due to a substantial accretion  of duties, the scope of the BSEP and Community Relations position had grown to include many special projects such that the focus on oversight of BSEP programs and funds had at times become secondary. Now that BSEP and BERRA together represent  25% of the BUSD operating budget, the Director position will be refocused on the planning, reporting and oversight of the BSEP and BERRA local tax measure funds and programs, ensuring compliance with the terms of the measure, sustainability of the funds, and reporting on issues relating to the quality, equity measures and outcomes of funded programs. The Director also executes strategic processes for consideration of local funding measures, including fiscal planning, legal consultation, community engagement and ballot measure development. The Director ensures that the public is well-informed about the expenditure of funds and acts as a liaison to the community partners that support District programs. It is proposed to make this a certificated position, analogous in many ways to the Director of State and Federal Programs. 

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (BSEP Measure E1)
Berkeley Educator’s Recruitment and Retention Act of 2020 (BERRA Measure E)

FISCAL IMPACT:
Funding for the position is provided by the BSEP and BERRA Oversight Resources. See the Board Document of May 21, 2021. Please see the Recommendation for Expenditure of BSEP Funds for Oversight and Communications and BERRA Funds for Oversight  in 2021-22

STAFF RECOMMENDATION:
Approve the job description for Director of Local Resources and Partnerships

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM:  Brent Stephens, Superintendent
DATE:  May 19, 2021
SUBJECT:  Job Description for Director of Berkeley, Research, Evaluation, and Assessment (BREA)

BACKGROUND INFORMATION:
Attached is a job description for the position of Director of Berkeley, Research, Evaluation, and Assessment (BREA).

POLICY/CODE:

FISCAL IMPACT:
Funding for the position is provided by BSEP Resources. 

STAFF RECOMMENDATION:
Approve the job description for Director of Berkeley, Research, Evaluation, and Assessment (BREA).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Board of Education
FROM:   Brent Stephens, Superintendent
DATE:   May 19, 2021
SUBJECT:   Job Description for Director of Office of Family Engagement and Equity (OFEE)

BACKGROUND INFORMATION:
Attached is a job description for the position of Director of Office of Family Engagement and Equity (OFEE).

POLICY/CODE:

FISCAL IMPACT:
Funding for the position is provided by General Fund resources. 

STAFF RECOMMENDATION:
Approve the job description for Director of Office of Family Engagement and Equity (OFEE).

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         May 19, 2021
SUBJECT: Approve Listing of Payroll Warrants issued in April 2021

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of December is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$ 9,352,072.23 for the month of April 2021 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of April 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         May 19, 2021
SUBJECT: Approve Listing of Warrants issued in April, 2021.

BACKGROUND:
Each month the District writes several checks to vendors for services provided and goods received.  The checks are written against both the Restricted and Unrestricted General Fund.  The summaries of warrants for the month of March is attached for the Board’s review.

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$ 6,914,392.99 for the month of April 2021 from various funds.  

STAFF RECOMMENDATION:
Approve the monthly bill warrant list for the month of April 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         May 19, 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.Children’s Health Council, to provide multidisciplinary evaluation for Special Ed Department for the remainder of the 2020/21SY. The cost will not exceed $14,616. To be paid from Special Ed Funds. Requested by Shawn Mansager.

2.Aya Healthcare, to provide two nurses to assist student testing during summer programs. The cost will not exceed $18,340. To be paid from Covid Relief Funds. Requested by Michelle Sinclair.

3.Solar Klean, to provide solar panel cleaning services for the maintenance department as needed. The cost will not exceed $15,000. To be paid from Measure H.Requested by John Calise.

4.Thyssen Krupp Elevator Company, to provide elevator services at BHS for the maintenance department as needed. The cost will not exceed $30,000. To be paid from Measure H.Requested by John Calise.

5.Robert Ramirez, to provide tree services for the maintenance department as needed. The cost will not exceed $15,000. To be paid from Measure H. Requested by John Calise.

6.Increase in contract, to PO#210844 to Quality Bidders, a Division of Colbi Technologies, to provide additional prequalification services for the Measure I bond program for the Facilities Department for 2020-21SY. The Board originally approved $35,000 on 10/7/20. The additional amount needed is $15,000 for a total of $50,000. To be paid from Measure I. Requested by John Calise.

7.Ratification of contract with JP Graphics to provide printing services for Nutrition Services for 2020/21SY. The cost will not exceed $11,600. To be paid from Cafeteria Funds. Requested by Bonnie Christensen. 

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:       Baje Thiara, Associate Superintendent
DATE:        May 19, 2021
SUBJECT:  Approval of Contract Amendment for Nonpublic Agency Services for the 2020-2021 School Year

BACKGROUND INFORMATION:
PO #211213 was approved on 2/3/21 for $79,800 for one nurse’s services.  Due to additional nursing services required an additional $30,400 is requested for a total of $110,200.  Additional cost will come from COVID Relief Funds.  Requested by Phillip Shelley.

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the additional cost for four nurses.

Berkeley Unified School District

TO:            Brent Stephens., Superintendent
FROM:       Baje Thiara, Associate Superintendent
DATE:        May 19, 2021
SUBJECT:  Approval of Contract Amendment for Nonpublic Agency Services for the 2020-2021 School Year

BACKGROUND INFORMATION:
PO # 210620 was approved on 7/29/20 for $141,645 for one nurse’s services.  An additional $133,665 for a second nurse was approved on 10/7/20 for a total of $275,310.  Due to additional nursing services required an additional $70,400 is requested for a total of $345,710.  The additional $40,000 will come from General Funds and the additional $30,400 will come from COVID Relief Funds.  Requested by Phillip Shelley.

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the additional cost for nursing services.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Superintendent, and
Natasha Beery, Director of BSEP and Community Relations
DATE: May 19, 2021
SUBJECT: Recommendation for Expenditure of BSEP Carryover Funds from Measure A of 2006 for the Purposes of Libraries and Parent Outreach.

BACKGROUND INFORMATION:
Carryover funds from the Special Tax known as BSEP Measure A of 2006 may be “spent on all authorized purposes until exhausted.”  A projected fund balance of $85,115 for the purpose of School Libraries, and a projected fund balance of $57,879 for the purpose of Parent Outreach is currently available for expenditure.

The Planning and Oversight Committee were presented with plans for the partial expenditure of these carryover funds at its regularly scheduled meetings on April 27 and May 11, 2021.  The Committee approved the proposed expenditures, as described in the Appendices to this document.

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

FISCAL IMPACT:
Expense to the BSEP Measure A resource for Libraries is estimated at $84,336, and the expense to the BSEP Measure A resource for Parent Outreach is estimated at $22,982.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Measure A Carryover Funds for Libraries and for Parent Outreach in 2021-22.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent
FROM: Maria Carriedo, Principal, Early Childhood Education
            Michelle Sinclair, Director, Programs and Special Projects
DATE: May 12, 2021
SUBJECT: Approval of Early Childhood Education (ECE) MOUs

PURPOSE:
Propose to process two MOUs for our community partners, Head Start and BAHIA, Inc., who are collaborating in the Inclusive Early Education Expansion Program Grant (IEEEP) funds from Alameda County of Education and CDE to purchase adaptive equipment in inclusive classroom settings. This will specifically help increased access to quality early education opportunities for children with and without disabilities in our district and community base childcare settings. 

BACKGROUND:
In the Fall of 2019 we gathered with other community child care centers to apply for the IEEEP grant. We were awarded the IEEEP grant in the Fall 2020 as an LEA and we were awarded in three areas; for the district’s new inclusive early learning facilities renovation, purchase of adaptive equipment in inclusive classroom settings, and provide inclusion-focused professional development as outline in this district’s submitted grant application and as directed by CDE and specifically for the expansion and increased access to quality early education opportunities for children with and without disabilities.

RECOMMENDATION FOR THE BOARD:
For action items: Process the MOU for Head Start and BAHIA, Inc. for the funding allocation for adaptive equipment is $56,324 for each agency, and to be utilized for the purchase or building of adaptive equipment or to modify or repair existing equipment to render it more useful for children with disabilities, the adaptive equipment must: 

a. Improve the accessibility and quality of both indoor and outdoor environments to support the participation of children with disabilities in all daily activities and routines. 

b. Enhance participation and access to instructional materials and activities in inclusive ELC programs. 

c. Universally designed and meet Americans With Disabilities Act standards 

Note: If the ELC facility discontinues participation within the grant period, all retrievable materials purchased must be returned to the LEA.

NEXT STEPS:
If the Board approves the MOU for each agency we will have the agency purchase required items and invoice the district for payment up the amount of the MOU. 

FISCAL IMPACT:
For action items: No fiscal impact. 

BERKELEY UNIFIED SCHOOL DISTRICT

TO: BUSD Board of Education
FROM: Brent Stephens, Superintendent
DATE: May 19, 2021
SUBJECT: MOU with SKS Consulting, Middle School Assignment Community Engagement Process

In January, the BUSD Board of Education authorized an allocation of up to $25,000 to secure the services of a consultant to support a community engagement process on the topic of middle school student assignment. BUSD issued an RFP, interviewed applicants, conducted reference checks, and developed a scope of work for the period between May and November, 2021. 

BUSD seeks approval of the Board to secure the services of SKS Consulting for support with community engagement meetings, surveys, focus groups, and reporting related to possible revisions to the BUSD Middle School Student Assignment process.

The MOU covers work on the project between May 19 and June 30, 2021. A separate agreement will be brought to the Board for work completed during the 21-22 fiscal year.

Financial Impact: $14,250, in fiscal year 20-21

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Superintendent
FROM:            Pauline Follansbee, Assistant Superintendent Business Services
DATE:           May 19, 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. The Blackbaud giving fund donated $575. to the Principal’s discretionary fund for Sylvia Mendez Elementary.

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 $ 575.00 in donations.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D., Superintendent
FROM:     John Calise, Executive Director of Facilities    
DATE:      May 19, 2021
SUBJECT:   Ratify the Purchase of Additional Air Purifiers from Grainger Industrial Supply in Conjunction with the State of California NASPO Value Point Contract  

BACKGROUND INFORMATION:9OIO
BUSD has utilized Grainger Industrial Supply under the State of California NASPO Value Point Contract bid for the past ten years to purchase a significant portion of our maintenance supplies. On July 15, 2020, the Board approved a $325,000 expenditure for the purchase of Air Purifiers for the District. On November 4, 2020 the Board approved a not to exceed $70,000 for the purchase of more air purifiers. Following the Shelter-in-place order, and upon the reopening of schools, additional spaces that required air purifiers were identified by site staff.  The Maintenance Department purchased an additional 208 Austin Air purifiers at a cost of $113,731.35.

POLICY/CODE:
Board Policy 3310 

FISCAL IMPACT:
$113,731.35 Costs to be paid from Measure H.  

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         May 19, 2021
SUBJECT:  Approval to Increase Contract with Syserco Inc.

BACKGROUND
On June 10, 2020 the Board approved a service contract with Syserco Inc. to service and repair heating controls throughout the district, in the amount of $75,000. During this fiscal year, the DIstrict has experienced a greater need for service than anticipated, and the need for  additional support in order to reconfigure our systems to comply with new CDPH guidelines pertaining to the pandemic.  The Maintenance Department is requesting an increase  of $45,000 in this contract, to $120,000. 

RECOMMENDATION
Approve an increase 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         May 19, 2021
SUBJECT:  Approval to contract with Dream Ride Elevator Co. 

BACKGROUND
In the Spring of 2018, staff put our elevator service out to public bid. In June of 2018, Dream Ride Elevator company was awarded the bid for a one year term with a possible four one year extensions. The 2021/22 school year will be the third of those four extensions and staff expects to award that extension. 

The annual costs for service and repairs on all of the district’s elevators and wheelchair lifts is approximately $90,000. In addition to the normal service and repairs, the elevator at Ruth Acty needs to be modernized this summer. The additional cost of that modernization is $75,500. 

RECOMMENDATION
Approve a contract with Dream Ride Elevator for FY 2021/22 

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        John Calise, Executive Director of Facilities    
DATE:         May 19, 2021
SUBJECT:   Approval to Determine Multiple Projects are Categorically Exempt under CEQA and Requesting Board approval to file the Notice of Exemptions

BACKGROUND:
The following projects will each have a separate Notice of Exemption filed with the county:

1. Berkeley High School Building M Painting Project;

2. B-Tech CTE Public Health and Safety/Security Project;

3. Districtwide Preschool Playground Project;

4. Willard CTE Entrepreneur Space Modernization; and,

5. Willard Legacy Project. 

This will satisfy environmental review requirements under CEQA.  Once the projects are determined to be exempt, the projects will no longer be subject to either the procedural or substantive requirements of CEQA, and construction of the projects can begin when the design, permitting and bidding is complete.  Upon Board approval, staff will file the Notice of Exemptions with the Alameda County Clerk.

RECOMMENDATION:

Determine Multiple Projects are Categorically Exempt under CEQA and approve the filing of Notice of Completions under CEQA.

FISCAL IMPACT:

Cost of this action: $150 to be Paid from Measure I Bond Funds; $100 to be paid from Measure G Funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent  
FROM: John Calise, Executive Director of Facilities 
DATE:       May 19, 2021    
SUBJECT: Approval of Stanton Inspection Services for King Middle School Playground Modernization

BACKGROUND INFORMATION:
In 2019, a large tree came down and destroyed the playground which is located adjacent to King Middle School on BUSD property.  This playground is currently operated and maintained by the CIty of Berkeley Parks Department and is covered under the Joint use agreement.  The City had retained a landscape architect and had a playground modernization and site improvement project approved by the DIvision of State Architect (DSA), and is ready to begin construction.  Since this land is owned by BUSD, all construction is still subject to DSA approval.  Although the City is paying for this project entirely, according to DSA regulations, an Inspector of Record (IOR) must be retained by the District for all construction projects.  The City has agreed to reimburse BUSD for all inspection costs.  

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:  
$13,000. To be funded by Measure G with reimbursement from the CIty of Berkeley.

RECOMMENDATION:
Approve IOR contract with Stanton Inspection Services.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: May 19, 2021

SUBJECT: Authorization to create new Measure G Project - Plant-Ops-Safety, Health and Environmental Project

BACKGROUND INFORMATION 

BUSD’s Plant-Operations facility located at 1707 Russell Street/1720 Oregon Street consists of several buildings which were constructed in three phases in 1915-1919.  In 1916 the facility was opened as Edison Junior High School.  In 1933 when the Field Act requirements were passed into law, students could no longer be housed in buildings that did not meet the structural requirements of the Field Act.  Over the years, these facilities have housed various administrative and support programs, the District’s Instructional Materials Center, and the District’s Plant Operations Facility.

While the facilities located on Russell and Oregon Streets have served the District for over a century in many different capacities, no major modernizations or upgrades have been performed.  Although the current conditions of the facility warrant a major modernization, the Facilities Department does not recommend that at this time due to the cost implications and the impact it will have on the Measure G Bond.  

At this time, there are several repairs  that the Facilities Department recommends. This includes:

• Repairs to concrete archways, sills, and copings 

• Resurfacing the parking lot

• Remediation of hazardous materials

• Compliance with the Storm Water Pollution Prevention Plan (SWPPP) 

• Reestablish three groundwater monitoring wells

• Lateral and down-gradient assessment of the groundwater 

FISCAL IMPACT

The initial proposed budget for this project is $3,000,000. and will be contained within the Measure G project budget. The Facilities Department will update the Board on overall costs as needed.

STAFF RECOMMENDATION

Approval of facilities budget expenditure

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed. D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: May 19, 2021

SUBJECT: Authorization for Facilities Budget Expenditure to Establish OLEs

BACKGROUND INFORMATION 

On December 9, 2020, the Governing Board authorized a pilot project to establish Outdoor Learning Environments (OLEs) at several campuses to include Malcolm X, West Campus, Ruth Acty, Rosa Parks, King CDC, Franklin Preschool, and Hopkins ECE.  

The OLEs were created  to support BUSD’s commitment to sustainability, the Facilities Division along with key stakeholders have worked to design and implement Outdoor Learning Environments.  These Outdoor Learning Environments (OLEs) are designed to be used as voluntary outdoor teaching and learning areas and align with the Green Schoolyards of America initiative.  OLEs are designed to be open air temporary structures that provide cover from the elements and have a variety of modular and green materials used for seating and to support teaching and learning.  Additionally, these OLEs have been used as voluntary spaces to facilitate teaching and learning in an open air environment.  

With the success of this project, and the flexibility they have provided to facilitate teaching and learning, it is the intent of the Facilities Department to provide up to 4 OLEs at each campus across the District.  The budget for this project includes all materials necessary to procure shade structures and all ancillary support items required to set up a total of 4 OLEs at each campus.  Installation of the OLEs will be performed by the District’s Maintenance Department.

FISCAL IMPACT

The cost for procurement is estimated to be $4,700 - $6,600. per OLE.  Total estimated cost to be between $225,600. - $316,800.  All costs will be contained within a new project budget created in Measure G.

STAFF RECOMMENDATION

Approval of facilities budget expenditure.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education  

FROM: Brent Stephens Ed. D., Superintendent 

John Calise, Executive Director of Facilities 

DATE: May 19,2021

SUBJECT: Facilities Plan Modifications:  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  

The Board approved the last Measure G Allocation Plan budget on April 14, 2021.  At this time, it is appropriate to consider the following additions to the Measure G program budget.  Below is a high level overview of the projects that are  proposed by staff and have been vetted by the Facilities Subcommittee.  In some cases, several of the projects as noted have already been Board approved and have been added here for clarity and transparency.  The budgets reflected on the attached worksheet represent the construction rough order of magnitude (ROM) budget approved by the Facilities Subcommittee and the soft costs associated with each project.  The budget implications can be seen on the attached Measure G Program Budget worksheet.   

1. Create a project budget for the Plant-Ops Safety, Health and Environmental Project.  This project is currently estimated at $3,000,000. and addresses a myriad of immediate issues that need to be addressed.  These issues include but are not limited to compliance with the State Water Board and the Toxic Management Division, remediation of Asbestos containing building materials, deteriorated concrete which is falling from the building, and parking surface issues that create a hazard for staff accessing District Vehicles.  

2. Create a project budget for the exterior painting of Building M at Berkeley High School.  There is a deficiency that has created some concrete spalling on the building envelope that the original contractor has agreed to correct at no charge to the District.  Once this is completed, an elastomeric paint applied to the exterior concrete will prevent any additional concrete spalling of the building and protect the District's investment.  This project was approved by the Board on May 5, 2021 and this update reflects the addition to the budget sheet only.

3. Create a project budget for the three separate infrastructure projects at the District’s three CDC locations.  This project was approved by the Board on May 5, 2021 and this update reflects the addition to the budget sheet only.

4. Create project budget for the procurement of additional Outdoor Learning Environments (OLEs) at all District campuses.  There was a pilot program that included OLEs at four elementary schools and the three CDCs that was Board approved on December 9th, 2020.  These OLEs have proven to be a viable option where BUSD’s educators are able to facilitate teaching and learning in an outdoor, welcoming, and safe environment.  The estimated cost of procurement for the remaining materials needed for these OLEs is $316,800.

5. Create a budget line for replacement Fixtures, Furniture, and Equipment (FF&E).  This budget line is used to replace items as needed throughout the District on an ongoing basis that are not tied to a specific capital facilities project.  The budget line reflects a shift of $500,000. from the bond revenue to be used specifically for FF&E.

6. Create a budget line to show Program Management Expenses.  This expense was Board approved on February 3, 2021 and this update reflects the addition to the budget sheet only.

7. Create a budget line for inspection services only as related to the modernization of the King Middle School Playground.  This playground is currently operated and maintained by the City of Berkeley Parks Department and is covered under the Joint use agreement.  In 2019, a large tree came down and destroyed the playground.  The City had retained a landscape architect and had a playground modernization and site improvement project approved by the Division of State Architect (DSA).  Since this land is owned by BUSD, all construction is still subject to DSA approval.  Although the City is paying for this project entirely, according to DSA regulations, an Inspector of Record (IOR) must be retained by the District for all construction projects.  The City has agreed to reimburse BUSD for all inspection costs.  The total contract cost for this project is estimated at $13,000.  

RECOMMENDATION 

Approve the adjustments as published on the Measure G Program Budget Summary Worksheet  

FISCAL IMPACT

Cost Neutral All costs are contained within Measure G.

RELATED PAST BOARD ITEMS  

None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Board of Education  

FROM:          Brent Stephens Ed. D., Superintendent

John Calise, Executive Director of Facilities

DATE:            May 19, 2021

SUBJECT:      Amendment No. 1 to the Measure I Project Labor Agreement

PURPOSE 

To ensure a continued positive and mutually productive relationship between BUSD and the Building Trades Council of Alameda County.

BACKGROUND 

In March of 2020, the residents of Berkeley approved the passage of Measure G with an 80.52% passing rate.  This Bond measure is intended solely for the use of Facilities Projects for the Berkeley Unified School District. 

BUSD has a long-standing relationship with the Alameda County Building Trades Council which has proven to support the success of our Facilities/Capital Projects through a Project Labor Agreements (PLA).  Project Labor Agreements are typically tied to specific bond measures, and the existing PLA is no exception to this.  The existing PLA is tied to Measure I which was the last Facilities Bond that passed in 2010.

The Facilities department is currently negotiating the terms of the new PLA to present to the Board for approval.  In the interest of continuing our strong commitment to our trade partners and the Building Trades Council, it is recommended that we add an amendment to the existing PLA to cover any projects that are let out to bid between now and July 31, 2021, under Measures I or G.  This will allow for enough time to continue to negotiate the terms while also covering any new projects as specified above under the existing PLA.

RECOMMENDATION

Approve Amendment No. 1 to the existing Project Labor Agreement

FISCAL IMPACT

None

RELATED PAST BOARD ITEMS 

None

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Baje Thiara, Associate Superintendent, Educational Services
DATE:         May 19, 2021
SUBJECT:   Ratification of Contract To Provide Event Planning Services for In-Person and Live Streaming Graduation Ceremonies

BACKGROUND INFORMATION:
Approval for contract with Events To The ‘T’, Inc., to provide event planning services for in-person and live streaming graduation ceremonies at nine of the elementary schools, the three middle schools and Berkeley High School.  Cost will not exceed $227,138.13.  Cost will come from COVID Relief funds.  Requested by Debbie Dean and Tammy Rose.

• Berkeley Arts Magnet – Two In-Person Ceremonies on 6/2/21 at 2:30 & 5:30 pm
• Cragmont – One In-Person Ceremony on 6/4/21 at 9:30 am
• John Muir – One In-Person Ceremony on 6/2/21 at 11:00 am
• Oxford – One In-Person Ceremony on 6/3/21 at 2:00 pm & 5:00 pm
• Rosa Parks – Four In-Person Ceremonies on 6/2/21 at 9:30 am & 11:00 am and 6/4/21 at 9:30 am & 12:30 pm
• Ruth Acty – Three In-Person Ceremonies on 6/2/21 at 5:00 pm and 6/3/21 at 2:30 pm & 5:00 pm
• Sylvia Mendez – One In-Person Ceremony on 6/2/21 at 9:30 am
• Thousand Oaks – Three In-Person Ceremonies on 6/2/21 at 8:30 am, 11:15 am & 2:00 pm
• Washington – Three In-Person Ceremonies on 6/2/21 at 8:30 am, 11:30 am & 2:30 pm
• King Middle School – Two In-Person and Live Streamed Ceremonies on 6/3/21 at 9:30 am & 12:30 pm
• Longfellow Middle School – Two In-Person and Live Streamed Ceremonies on 6/3/21 at 11:00 am & 12:00 pm
• Willard Middle School – Two In-Person and Live Streamed Ceremonies on 6/3/21 at 11:00 am and 12:00 pm
• Berkeley High School – Three In-Person and Live Streamed Ceremonies on 6/4/21 at 9:00 am, 6/5/21 at 9:00 am and 6/6/21 at 9:00 am

POLICY/CODE:
None

FISCAL IMPACT:
Cost will come from board approved COVID funds.

STAFF RECOMMENDATION:
Approve the contract with Events To The ‘T’, Inc., to provide equipment and support for 20-21 graduation ceremonies.

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: School Reopening, Fall, 2021

Date: May 19, 2021

In this presentation to the Board of Education, the Superintendent will present information about school reopening in the Fall of 2021. Information reviewed will include:

• The Governor's May Revise, and comments about in-person attendance requirements in August
• Restrictions on the permissibility of distance learning in 21-22, and a shift towards Independent Study.
• Contingency planning for the Fall of 2021, including scheduling, room assignments, and several acts of nature that could impact schools being open

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:           Samantha Tobias-Espinosa, Asst Superintendent for Human Resources
Natasha Beery, Director of BSEP and Community Relations
DATE:         May 19, 2021
SUBJECT:    Recommendation for Expenditure of BERRA Funds for Recruitment, Retention and Development Strategies

BACKGROUND INFORMATION
The Berkeley Public Schools Educator Recruitment and Retention Act (BERRA), Measure E of 2020, provides special tax revenues for the purpose of recruiting and retaining qualified teachers and staff for the Berkeley Unified School District, with funding to improve Berkeley public school educator salaries and to address hard-to-staff positions.

Ninety-five percent (95%) of the Available Revenues are dedicated to supplementing the salaries of District Educators through a salary increase.

In accordance with the Measure, five percent (5%) of the Available Revenues are dedicated to providing programs designed to strengthen recruitment, retention and development strategies for certificated and classified District personnel, especially in hard-to-fill positions.

This sub-section of the Measure is intended to provide funding for strategic programs and mechanisms to address needs in key positions that directly serve students in District-operated schools. These strategies may include, but are not limited to: salary differentials and/or recruitment pipelines for hard-to-staff positions, classified staff professional development and pathways for paraprofessionals, educator career pathways for high school students, and enhanced induction programs for new teachers^[1]

The appended plan for expenditure of the 5% budget for Recruitment, Retention and Development Strategies was first reviewed by the Planning and Oversight Committee on April 27, 2021, and approved on the second reading on May 11, 2021.

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

FISCAL IMPACT:
Expense to the BERRA Measure E Resource of $470,980.

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BERRA Funds in 2021-22 for Recruitment, Retention and Development Strategies

BERKELEY UNIFIED SCHOOL DISTRICT

TO:               Board of Education
FROM:           Natasha Beery, Director of BSEP and Community Relations
DATE:           May 19, 2021
SUBJECT:    Recommendation for Expenditure of BSEP Funds for Oversight and Communications and BERRA Funds for Oversight  in 2021-22

BACKGROUND INFORMATION:
The Berkeley Schools Excellence Program (BSEP), funded by Measure E1 of 2016, allocates two percent (2%) of revenues to “support of the Planning and Oversight Committee and School Site Councils, and community engagement, communications and public information services.” [BSEP Measure E1 of 2016, Section 9A]

The Berkeley Educator’s Recruitment and Retention (BERRA) funded by Measure E of 2020, sets aside one percent (1%) of revenues to “costs related to planning, monitoring, evaluating and reporting the use of these funds” [BERRA Measure E of 2020, Section 2A]

The Planning and Oversight (P&O) Committee has reviewed and approved the plans for expenditure of BSEP Measure funds in 2021-22 for BSEP Measure Oversight, Communications, and Community Engagement, and for BERRA Measure Oversight at the regularly scheduled P&O meetings on April 27, 2020 and May 11, 2021. The summaries for these plans are provided with this document.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1), Section 3b;
Berkeley Public Schools Educational Excellence Act of 2008 (Measure A), Section 6A;
and Berkeley Educator’s Recruitment and Retention Act of 2020 (Measure E), Section 2A.

FISCAL IMPACT:
BSEP Measure E1 expenditures are projected to total $615,205

BSEP Measure A expenditures are projected to total $81,200

BERRA Measure E expenditures are projected to total  $83,365

STAFF RECOMMENDATION:
Approve the recommendation for expenditure of BSEP Funds for Oversight, Communications, and Community Engagement and of BERRA Funds for Measure Oversight for FY 2021-22.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Board of Education
FROM:      Brent Stephens, Superintendent
Pauline Follansbee, Assistant Superintendent, Business Services
SUBJECT:    Governor's May Revise
DATE:            May 19, 2021

BACKGROUND INFORMATION:
On May 14, 2021, Governor Gavin Newsom released his revised proposal for the 2021–22 State Budget. Many of these proposals were previewed on his California comeback tour earlier in the week. The Governor has significantly expanded upon his proposals from the Governor’s Budget just four months ago, when California’s recovery was much less certain than his Budget presumes today.  

Proposition 98

Proposition 98 establishes minimum funding levels for schools and community colleges, and is estimated to increase by $17.7 billion above Governor Newsom’s January estimates, boosting per-student state revenues to a historic $13,977. When federal resources are layered on top of Proposition 98 revenues, the per-student rate jumps to an unprecedented $21,152, according to estimates provided by the Administration.

Revised from January estimates, the Proposition 98 minimum guarantee increases during the three-year budget window as shown in Table 1 for each of fiscal years 2019–20, 2020–21, and 2021–22.

The May Revision proposes eliminating the Proposition 98 supplemental payment proposed in the Governor’s Budget.

The May Revision projects that Public School System Stabilization Account (PSSSA) deposits will be required in the amount of $4.6 billion. This balance triggers a cap of 10% on school district reserves beginning in 2022–23.

Cost-of-Living Adjustment and Average Daily Attendance

The May Revision increases the cost-of-living adjustment (COLA) provided in the Governor’s Budget in two ways. First, the May Revision recognizes the statutory COLA for 2021–22 is 1.70%—an increase of 0.2% from the Governor’s Budget. Second, “to help local educational agencies (LEAs) address ongoing fiscal pressures,” an additional $520 million in Proposition 98 General Fund revenues is being proposed to increase the COLA applicable to the Local Control Funding Formula (LCFF) by an additional 1.00%—bringing it to 2.70%. The 2.70% COLA, compounded with the 2019–20 statutory COLA of 2.31%, results in an LCFF COLA of 5.07% for 2021–22.

That said, LEAs will need to keep three different COLAs in mind when calculating revenues for 2021–22:

The May Revision notes that statewide average daily attendance (ADA) is expected to continue declining.

Local Control Funding Formula

As noted above, the May Revision proposal would provide a 5.07% COLA to the LCFF. The desired effect of the mega COLA is to bring LCFF rates to beyond where they would have been had the 2020–21 statutory COLA been funded. Therefore, the base grants—and subsequent grade span adjustments for Kindergarten K)–3 and career technical education—as well as the supplemental and concentration grant amounts will increase from the 2019–20 amounts.

Governor Newsom also proposes a $1.1 billion augmentation in Proposition 98 funding to the concentration grant for the purpose of increasing the number of adults providing direct services (nurses, teachers, counselors, paraprofessionals, and others) to students. The effect of this infusion is an ongoing increase to the concentration grant factor. Those LEAs that receive these increased funds would be required to demonstrate how they were used for this purpose in the Local Control and Accountability Plan.

Deferrals

The May Revision proposes to pay off an additional $1.1 billion in deferrals compared to the Governor’s January proposal, leaving $2.6 billion in deferrals in the 2021–22 State Budget.

Universal Transitional Kindergarten

Governor Newsom proposes that universal transitional kindergarten for all four-year-olds be implemented over a three-year period, beginning 2022–23. This will cost $2.7 billion at full implementation and Governor Newsom proposes to pull funds from outside Proposition 98 to finance the new grade level. Additionally, the Governor also proposes to provide one additional certificated or classified staff person in each transitional kindergarten classroom, at a price tag of $740 million by 2024–25.

Special Education

While not providing the full increase as general education funding through the LCFF, the Governor’s May Revision does propose to apply the compounded COLA of 4.05% to special education funding. This will increase the special education base rate from $625.00 in the current year to approximately $650.31 per ADA, pursuant to the current funding formula for students with disabilities. 

The Governor’s May Revision also notes an increase of $277.7 million one-time in federal funding to Individuals with Disabilities Act (IDEA) from the American Rescue Plan. The Administration also proposes the following to be funded from other federal IDEA resources:

• $15 million one-time to provide technical assistance and support to LEAs in developing and administering comprehensive individualized education programs
• $2.3 million to address special education complaints, perform court-ordered special education monitoring, and to purchase special education monitoring software
• $1.2 million to improve coordination between the California Department of Education, the California Department of Developmental Services, and LEAs to support the transition from infant to preschool programs, and convene stakeholder workgroups to address data sharing and disseminate best practices to increase access to more inclusive settings for three-, four-, and five-year-olds

Student Learning in 2021–22

The Governor proposes another $2 billion one-time to fund health and safety activities, including testing and vaccine initiatives, enhanced cleaning, personal protective equipment, and improved ventilation.

The Governor also proposes another round of funding to address student learning at $2.6 billion to provide research-tested interventions for students, including intensive tutoring. 

The Newsom Administration is not proposing an additional year of ADA being held harmless and expects that local educational agencies (LEAs) will generate ADA apportionment funding based on providing in-classroom instruction as was the case pre-pandemic. LEAs will be given the option to provide virtual learning through independent study programs, with proposed additional requirements. 

School Nutrition

Governor Newsom proposes to increase the state reimbursement rate for schools participating in a federal universal meal provision through a $150 million increase. The goal is to encourage LEAs to participate in one of the federal universal meal provisions. The Governor proposes $100 million in one-time funding for school kitchen infrastructure upgrades and training for school cafeteria staff.

Expanded Learning Time

Governor Newsom proposes $1 billion, growing to $5 billion by 2025–26, to provide summer and afterschool programs to provide expanded-day, full-year instruction and enrichment for all elementary school students in LEAs with the highest concentrations of low-income students, English language learners, and youth in foster care. Eventually, these funds would be incorporated into the LCFF concentration grant calculation.

Community Schools

The 2021–22 May Revision invests an additional $3 billion in one-time funds over several years with a goal to provide grants to LEAs to create community schools in 1,400 LEAs.

Educator Workforce

Governor Newsom’s May Revision proposes to invest $3.3 billion in a multiyear package of educator professional development. This amount includes $1.3 billion for the Educator Effectiveness Block Grant to provide LEAs with resources for expedited professional development; $550 million to support approximately 22,000 teacher candidates in teacher residencies and other grow-your-own teacher credentialing programs; $500 million for the Golden State Teacher grant; $250 million for 2,500 highly-qualified National Board Certified teachers who teach in high poverty schools; and $125 million for the Classified School Employee Teacher Credentialing Program.

Behavioral Health System

The need for comprehensive mental health supports has been highlighted during the pandemic, prompting Governor Newsom to propose an investment of $4 billion over five years to identify and treat behavioral health needs early, including trauma, depression, anxiety, psychological disorders and substance use in youth ages 0–25.

Retirement Systems

Governor Newsom does not include any new funding for the California State Teachers’ Retirement System (CalSTRS) or the California Public Employees’ Retirement System (CalPERS) for LEAs. This reaffirms the current best CalSTRS employer rate estimate for 2021–22 of 16.92% based on the latest recommendation to date from the actuary—a 1.00% increase compared to what LEAs are currently expecting at 15.92%. In contrast, the CalPERS Board approved the employer contribution rate at its April 2021 meeting for 2021–22 at 22.91%—a 0.09% decrease compared to what LEAs are currently expecting at 23.00%.

Broadband

The COVID-19 pandemic forced California and the rest of the globe to adapt to a virtual world in nearly every aspect of life, including K–12 education. In order to expand broadband and reliable internet service statewide, Governor Newsom proposes a $7 billion investment. 

For education, the May Revision proposes a one-time $35 million (non-Proposition 98) investment, available through 2024–25, to expand broadband access to isolated and underserved communities through a collaborative partnership of LEAs, regional libraries, and telehealth providers. The state will also leverage available federal funds through the E-Rate Program to assist with this initiative. 

Summary

There is so much to be grateful for in the May Revision. Local educational leaders can look forward to increased revenues that will help them achieve fiscal resiliency while expanding access to high quality educational and support services to California’s six million students, including programs to accelerate and enrich academic learning.  At the same time, there are concerns about the state creating new programs with one-time money while failing to address ongoing structural funding issues that threaten the financial health of school districts and county offices of education.”

This very broad extract of the Governor’s May Revision proposals will be distilled in the upcoming days to and make it actionable for LEAs.

Fiscal Impact

The LCFF has not been released as of May 17, 2021, but based on increase in COLA for 2021-22, there is an increase of $1 million in base funding for 2021-22.

The May Revise includes increase funding for Special Education and Nutrition Services.  The fiscal impact will be determined as more information is made available.

     BERKELEY UNIFIED SCHOOL DISTRICT 

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Bajé Thiara, Associate Superintendent, Educational Services
DATE:         May 19, 2021
SUBJECT:  BHS New Calculus Textbook for Consideration 

BACKGROUND INFORMATION:
The following textbook is being recommended for adoption: 

The following edition, student support materials, electronic editions and subsequent editions as needed, of the current AP Calculus-BC textbook is being recommended for adoption: Calculus, Eight Edition (2016) and future editions.

Title, Author:  

Calculus Eighth Edition (2016). Authors: Stewart Publisher: Cengage Learning.

Description:

Berkeley High School is recommending this textbook to be used in the AP Calculus-BC course. The edition BHS currently uses was published in 2003.  

This updated edition was designed to the AP Calculus curricular framework and contains both highly regarded, current math teaching and AP exam preparation. It is on the AP Calculus approved textbook list.

This edition will update our AP Level math curriculum to meet current standards with more up-to-date data and samples. 

POLICY/CODE:
Board Policy 6161.1
Ed Code 60400

FISCAL IMPACT:
$14, 650 for 75 copies, both new and pre-owned.

STAFF RECOMMENDATION:
Adopt the new textbook edition for Berkeley High School for the AP Calculus-BC course.

EBOOK FOR REVIEWING:
Vitalsource
Username: moniqueduncanharri@berkeley.net
Password: #Bhs2122
Select: My Library tab to view the textbook

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Stephens, Superintendent
FROM: Bajé Thiara, Associate Superintendent
Michelle Sinclair, Director of State, Federal, and Special Projects
DATE: May 19, 2021             
SUBJECT: Expanded Learning Opportunities Grant

BACKGROUND:
Assembly Bill 86 Provides $4.6 billion to districts to improve academic achievement by offering supplemental instruction and support to students, including $1,000 for each homeless student.

The rest will be distributed in proportion to LCFF entitlement. Districts shall implement a learning recovery program that, at a minimum, provides to designated student groups supplemental instruction, support for social and emotional well-being, meals and snacks. designated student groups include low Income students, English learners, foster youth, homeless youth, students at risk of neglect/abuse, disengaged students, students below grade level, students with disabilities. Districts must use at least 85% for in-person services, and at least 10% to hire paraprofessionals. 

Expanded Learning Opportunities (ELO) Grants shall be expended only for any of the following purposes: extending instructional learning time, accelerating progress to close learning gaps, integrated pupil supports, community learning hubs, supports for credit deficient pupils, additional academic services, and training for school staff. LEAs are encouraged to engage, plan, and collaborate on program operation with community partners and expanded learning programs, and leverage existing behavioral health partnerships and Medi-Cal billing options, in the design and implementation of services.

The Expanded Learning Opportunities Grant Plan must be completed by LEAs as a condition for receiving an ELO Grant. The ELO Grant Plan must be adopted by the local governing board  at a public meeting on or before June 1, 2021, and must be submitted to the county office of education, the California Department of Education, or the chartering authority within five days of adoption, as applicable.

FISCAL IMPACT:
$ 6,600,000