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:              June 2, 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: June 2, 2021
SUBJECT: Job Description for Communications Specialist

BACKGROUND INFORMATION:

Attached is the job description for the new Classified position: Communications Specialist. 

As demands have grown for rapidly responsive as well as proactive communication on multiple interactive platforms, the current structure and staffing is insufficient. Currently, District Communications is overseen by the Director of BSEP and Community Relations, assisted by a Public Information Officer (PIO), a Translator/Interpreter, and some contract work. 

Several years ago, a District Communications study recommended a shift from a reactive Public Information model to a more strategic Communications Manager approach, as well as more consistent support for social media and online platforms.  Now that other changes are being implemented, including restructuring the Director position, and additional funding is available through the BSEP/BERRA measures, it is possible to propose these new positions.

The Communications Manager position would replace the PIO position, and assume greater responsibility for strategic and crisis communications,  convening the Communications Team, and overseeing the Communications staff and contracts. This position reports directly to the Superintendent and leadership team and works to plan, organize, and direct proactive communication strategies, programs and initiatives to inform and engage the district’s employees, parents, and broader community and oversee the content and  effectiveness of the district’s communication vehicles including  publications, web sites, telephone/email alert systems, and social networking media. 

Under direction of the Communications Manager, the Communications Specialist (currently envisioned/funded as a part-time position) will perform a variety of  specialized duties in the research, preparation, composition, design, writing, editing and distribution of a variety of materials in print, video and/or electronic format.

As a Classified position, this job description will be reviewed by the Personnel Commission who will place the position on the salary schedule.

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 Communications Specialist position is provided by BSEP and BERRA Oversight Resources. Please see the Recommendation for Expenditure of BSEP Funds for Oversight and Communications and BERRA Funds for Oversight  in 2021-22 as approved by the Board on May 19, 2021.

STAFF RECOMMENDATION:

Approve the job description for Communications Specialist.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Superintendent
FROM: Samantha Tobias-Espinosa, Assistant Superintendent of Human Resources
DATE: June 2, 2021
SUBJECT: Job Description for Communications Manager

BACKGROUND INFORMATION

Attached is the job description for the a new Classified position, Communications Manager.

As demands have grown for rapidly responsive as well as proactive communication on multiple interactive platforms, the current structure and staffing is insufficient. Currently, District Communications is overseen by the Director of BSEP and Community Relations, assisted by a Public Information Officer (PIO), a Translator/Interpreter, and some contract work. 

Several years ago, a District Communications study recommended a shift from a reactive Public Information model to a more strategic Communications Manager approach, as well as more consistent support for social media and online platforms.  Now that other changes are being implemented, including restructuring the Director position, and additional funding is available through the BSEP/BERRA measures, it is possible to propose these new positions.

The Communications Manager position would replace the PIO position, and assume greater responsibility for strategic and crisis communications,  convening the Communications Team, and overseeing the Communications staff and contracts. This position reports directly to the Superintendent and leadership team and works to plan, organize, and direct proactive communication strategies, programs and initiatives to inform and engage the district’s employees, parents, and broader community and oversee the content and  effectiveness of the district’s communication vehicles including  publications, web sites, telephone/email alert systems, and social networking media. 

Under direction of the Communications Manager, the Communications Specialist (currently envisioned/funded as a part-time position) will perform a variety of  specialized duties in the research, preparation, composition, design, writing, editing and distribution of a variety of materials in print, video and/or electronic format.

As a Classified position, this job description will be reviewed by the Personnel Commission and placed on the salary schedule.

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 Communications Manager position would be co-funded through BSEP and General Fund. Please see the Recommendation for Expenditure of BSEP Funds for Oversight and Communications and BERRA Funds for Oversight  in 2021-22 as approved by the Board on May 19, 2021.

STAFF RECOMMENDATION:

Approve the job description for Communications Manager.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Brent Stephens, Superintendent

FROM: Samantha Tobias-Espinosa, Assistant Superintendent

DATE: June 2, 2021

SUBJECT: Human Resources Specialist - Confidential

BACKGROUND:

The District is requesting  the position of Human Resources (HR) Specialist - Confidential be reorganized to include duties related to position control and STRS. 

This position is unique in the Human Resources Department as it is the sole position dedicated to support our certificated staff. The District has also evaluated the current position control process and determined that a sister position to the Budget Analyst II in Business Services is needed in the Human Resources Department. This revised job description adds the position control responsibilities to the existing HR Specialist position and also corrects an omission of the management of STRS enrollment. In addition to these changes the District after Board approval will submit this new job description to the Personnel Commission for realignment on the salary schedule.   

STAFF RECOMMENDATION:

Approve the revised duties of the classification of the Human Resources Specialist - Confidential.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:          Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:           June 2, 2021
SUBJECT:    Approval of COVID One-Time Funding to Fund the Continuation of Specified Classified Positions 

Due to allocation formula for site plans the classified positions of School Campus Aide and School Services Assistant need to be eliminated/reduced per resolution 21-037. With the District receiving additional funding due to Covid-19 we are requesting the use of Covid One-Time funding to continue these positions for the 2021-2022 school year.   

POLICY/CODE:
Education Code Sections 45101, 45114, 45117, 45298, 45308

FISCAL IMPACT:
Approximately $240,000

STAFF RECOMMENDATION:
Approve use of Covid Funds to support these positions for FY 2021-22

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Board of Education
FROM: Brent Stephens, Superintendent
DATE:  June 2, 2021
SUBJECT:  Approval of Employment Contract,Assistant Superintendent, Human Resources

The Superintendent requests that the Board of Education approve the employment contract for Ms. Samantha Tobias-Espinosa for the position of Assistant Superintendent, Human Resources for the term of 2021-2023.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       June 2, 2021
SUBJECT:      Approval of MOUs between BUSD and UniversityPrograms

BACKGROUND INFORMATION:
BUSD has entered into agreements with universities to provide the university students with internships and/or student teaching so they may gain practical teaching, administrator, nursing, counseling, social work or occupational therapy experience in an education setting.

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education approve the memorandums of understanding (MOUs) between the District and the University of Oregon College of Education and the Saint Mary's College of California School of Education.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         June 2, 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. LAZ Parking California, to provide parking facility for Berkeley High School graduation event. The cost will not exceed $16,365, To be paid from General Fund. Requested by Juan Raygoza.

2. Increase in contract, to PO#210352 to Zoom Video Communications, to provide zoom meetings for the District. The Board originally approved $25,400 on 7/29/20. The additional amount needed is $28,996.03 for a total of $54,396.03. To be paid from General Fund. Requested by Max Eissler.

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 Business Services
DATE:            June 2, 2021
SUBJECT:     Education Protection Account

BACKGROUND INFORMATION:
The voters approved temporary sales and income tax increases with Proposition 30 on November 6, 2012, and Proposition 55 on November 8, 2016 which allowed the sales tax increase to expire 2016 while extending the increased income tax rates through 2030 and created an Education Protection Account (EPA) in the State General Fund to receive and disburse the revenues derived from the incremental increase in taxes imposed by Proposition 30 and Proposition 55.

EPA funds represent a portion of our budget’s General Fund revenue that would have been cut if Proposition 55 had not passed, and do not represent increased revenue the District’s 2020-21 budget.  EPA is a reclassification of the state aid portion of the Local Control Funding Formula and is classified as unrestricted revenue

The creation of the EPA benefits cash flow patterns and it also has an accountability component.  Proposition 30 provides that all K-14 local agencies have the sole authority to determine how the funds received from the EPA are spent with the following provisos:

• The spending plan must be approved by the governing board during a public meeting.
• EPA funds cannot be used for the salaries or benefits of administrators or any other administrative costs.
• Each year, the local agency must publish on its website an accounting of how much money was received from the EPA and how the funds were expended.

In addition, there is a requirement for the annual financial audit to include verification that the EPA funds were used as specified by Proposition 55, and the additional cost of the audit would be an allowable expense from the EPA.

If EPA funds are not expended in accordance with the requirements of Proposition 30, civil or criminal penalties could be incurred.  For FY 2021-22 the District is scheduled to receive $1,885,132 in EPA funding which will be used for classroom teacher’s salaries and benefits.

The attached Resolution No. 21-042 details the provisions and requirements of the EPA.

FISCAL IMPACT:
The unrestricted General Fund will receive $1,885,132 in EPA funding that will be used for classroom teacher’s salaries and benefits. 

STAFF RECOMMENDATION:
Approve Resolution No. 21-042 and the receipt and use of EPA funding as outlined

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          Bajé Thiara, Associate Superintendent Educational Services
DATE:           June 2, 2021
SUBJECT:    Approval of BHS New Calculus Textbook

BACKGROUND INFORMATION:

The following textbook was presented to the Board on May 19, 2021 for consideration and is now being recommended for adoption: 

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: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities
DATE:    June 2, 2021
SUBJECT: Approval of Contract Modification #2 with David R. Callahan Inspections for inspection services for the West Campus Capacity Project

BACKGROUND INFORMATION:
The Board approved a contract with David R. Callahan Inspections on May 22, 2019 and May 27, 2020 to provide inspection services for the West Campus Capacity Project for a total contract amount of $126,424.  Project Inspection is required by the Division of the State Architect.

An increase in contract is requested due to the increase in scope within the second increment of this project.

POLICY/CODE:
Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT:
Contract award by this action: $30,000 to be paid from Measure I Bond Funds for a total contract amount not to exceed $156,424. All Costs are contained within the project budget.

RECOMMENDATION:
Approve Contract Modification #2 with David R. Callahan Inspections for inspection services for the West Campus Capacity Project.

 BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities 
DATE: June 2, 2021
SUBJECT: Accept the Completion of the John Muir Kitchen Cafeteria  Food Service Expansion Project and Approve Resolution Number 21-038

BACKGROUND INFORMATION:
On April 15, 2020  the Board awarded a contract with W.A. Thomas Co., Inc. to support the District’s goal of upgrading the cafeteria kitchen at John Muir Elementary School.  The project is now complete. Staff requests Board acceptance of the project which will allow filing a Notice of Completion with the County and permit the release of retention. 

POLICY/CODE:
California Public Contract Code 20110-20118.  

FISCAL IMPACT:
The project was funded with Measure I bond funds.  The project had change orders in the amount of 21%.  These change orders were all related to unforeseen conditions that were discussed with the Facilities Sub-Committee.  The Facilities team opted to address these conditions as they were directly related to health and safety and it was fiscally advantageous to address them as change orders as opposed to another project as a follow-on project.

STAFF RECOMMENDATION:
Accept the project as complete and approve resolution number 21-038

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    June 2, 2021        

SUBJECT: Contract modification #1 with HY Architects for security design services for the BTA Safety & Security and CTE Growing Leaders Project

BACKGROUND INFORMATION

On December 3, 2020 the District signed a contract with Hibser Yamauchi Architects, Inc to provide architectural services for the project with a value of $203,000. Security cameras have been added to the scope of the project.  The District sought the services of a security consultant to ensure the design addressed the campuses needs.  We are proposing a contract modification of $26,440 for a total contract value of $229,440.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 
FROM: John Calise, Executive Director of Facilities
DATE: June 2, 2021
SUBJECT: Acceptance of the Citizens’ Construction Oversight Committee Annual Report 

BACKGROUND INFORMATION :

Attached to this cover memo is a report from the Citizens’ Construction Oversight Committee (CBOC). The Committee has the responsibility to receive and review copies of the annual independent performance audit and the financial audit of Measure G and Measure I expenditures. The Committee reviewed expenditures for Measure I only as first issuance for Measure G was done in November 2020.  Due to Covid-19, all audits were delayed. The Board accepted the District-wide audit on April 21, 2021.  

A representative from the Committee plans to attend the Board Meeting. 

POLICY/CODE:
Education Code 15282 and 15278.   
Board Policy 9131.  

FISCAL IMPACT:
There is no fiscal impact to accept the Report.      

STAFF RECOMMENDATION:
Accept the Citizens Construction Advisory Committee Annual Report.  

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 2, 2021
SUBJECT:  Approval of a Contract with Robertson Industries to Replace the Small Grass Field at Ruth Acty with Artificial Turf

BACKGROUND:
The small grass playfield at Ruth Acty Elementary School has high maintenance needs due to extensive use in such a small area.  Additionally, the field gets worn quickly and becomes muddy and unusable about halfway through winter every year due to poor drainage. In order to keep the field in a usable state, we must re-seed it every summer which, in addition to extensive labor, requires extensive watering.  The continued annual use of this amount of water is in conflict with the District’s sustainability efforts. 

We have received a proposal from Robertson Industries to replace the field with artificial turf. Robertson Industries is a member of OMNIA Partners, who are a Cooperative purchasing solution for public agencies to use as a “piggyback” agreement.  These agreements ensure that public agencies receive the best market price and quality products. 

RECOMMENDATION:
Approve a contract with Robertson Industries to replace the grass field at Ruth Acty with artificial turf. 

FISCAL IMPACT:
Cost of award by this action: $109,090. To be paid from Measure H.  

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 2, 2021
SUBJECT:  Ratification of Fee Waiver for the use of the Berkeley Adult School Kitchen

BACKGROUND
HelpBerkeley is a volunteer organization that prepares and distributes large amounts of subsidized and free healthy nutritious foods to seniors and others at-risk for COVID-19. Up to 40% of the recipients are food insecure. Last year, they delivered 20,000 meals to 1,400 members. They have grown to more than 300 volunteers, many of whom are BHS students and their families.

Cost is the critical concern. HelpBerkeley relies on donations and volunteers to purchase food, supplies, meal preparation and delivery. HelpBerkeley does not receive payment for these meals.  Facilities and Business Services has discussed the cost implications of supporting this program by waiving fees for June and July of 2021, and has determined that this is feasible.

RECOMMENDATION
Ratify the fee waiver for HelpBerkeley’s use of the Berkeley Adult School Kitchen

FISCAL IMPACT
Cost of award by this action:
$ 2,800 loss in potential revenue through Facility Use Permits, and $1,950 for custodial fees to be paid out of the general fund.  

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Date: June 2, 2021

From:  Phased Plan for School Reopening: Update on Independent Study in 21-22; Update on BHS Bell Schedule

In this presentation to the Board of Education, staff will offer updates to the Board on a full school reopening on August 16, 2021. In this presentation, staff will also share updates on Independent Study in 21-22; and on possible modifications to the BHS bell schedule.

The discussion of Independent Study focuses on potential changes to state law expected on June 14, which would make IS the only permissible form of remote learning in the 21-22 school year.

The update on BHS' bell schedule will include information on the possible new modified block schedule, the process used by BHS administrators and teacher leaders to solicit feedback from staff and students, and next steps.

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Date: June 2, 2021

RE: LCAP and Budget Synthesis

In this presentation, Assistant Superintendent Pauline Follansbee and Superintendent Brent Stephens will update the Board on both the draft 21-24 Local Control Accountability Plan and the draft 21-22 budget for the General Fund.

This presentation includes a graphic representation of the current draft LCAP Goals and Actions, a summary of budget decisions already approved by the Board of Education in April and May, proposals for deliberations in June, and detailed multi-year projections for a variety of budget scenarios. This Board discussion is a precursor to Board action on June 9 to approve a final set of budget recommendations, and to final approve by the Board of both the 21-24 LCAP and the 21-22 General Fund budget.

Featured in this evening's discussion are possible new budget items related to the Office of Family Engagement and Equity; ESCAPE (a possible new business enterprise system); the Bridge program at Berkeley High School; and several possible central office support positions.

Attachments to this item include the presentation to the Board and the current draft of the 21-24 LCAP.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         June 2, 2021
SUBJECT:  Workforce Housing Developer Update

BACKGROUND
On May 5, 2021, the Governing Board approved a partnership between BUSD and SAHA/ABode Communities to design and develop the DIstrict’s Workforce housing project.  Although the Facilities Department is currently negotiating the terms of the land-lease with the developer, the developer is currently working on several critical steps to ensure the success of this project.  This includes the submission of the application for Measure O funding to the City of Berkeley as well as beginning to structure what the community engagement and planning will look like.

SAHA/Abode communities will present to the Board early stages of this thinking to begin the engagement and planning work in the summer of 2021. 

RECOMMENDATION
Receive presentation for discussion

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: Resolution 21-040 In Support of the Achievement and Success of All Latinx Students in Berkeley Unified School District

Date: June 2, 2021

In this resolution, the Berkeley Unified School District Board of Education will discuss and consider for approval the prioritization of Latinx student achievement and opportunity as a core commitment of the Berkeley Unified School District and set annual goals of PK-12 indicators that will lead to the elimination of the gap between Latinx students and all students in the districts in terms of grade 3-5 math proficiency, 8th grade math support,  college and career readiness, fulfilling UC/CSU course requirements, and improved reclassification (RFEP) rates for ELL students that include ongoing progress monitoring and goal-setting in order to ensure steady growth in English Proficiency (ELP) levels , among other potential indicators.

BERKELEY UNIFIED SCHOOL DISTRICT

To: Board of Education

From: Brent Stephens, Superintendent

Re: Amendment to Board Policy 5141.21 - Administering Medication and Monitoring Health Conditions Students

Date: June 2, 2021

On May 27, 2021, the BUSD Policy Subcommittee approved draft amendments to Board Policy 5141.21 - Administering Medication and Monitoring Health Conditions Students to include, consistent with state law, the administration of prescribed medical cannabis products by parents on school grounds.

Consistent with BUSD Board bylaws, this item is included as information this evening as a first reading of the proposed policy amendments. Staff anticipate that this item will be considered for approval by the Board of Education on June 9, 2021.

Information Item, June 2, 2021

This draft policy and accompanying administrative regulations was passed by the BUSD Policy Subcommittee on May 27, 2021. It is scheduled to be shared as an information item at the Board meetings on June 2 and June 9, 2021; and to be voted on by the Board of Education on June 23, 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Dr. Stephens, Superintendent
FROM: Dr. Phillip Shelley, Director   
DATE: June 2, 2021
SUBJECT: AR 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.

RECOMMENDATION:
It is recommended that the Governing Board approve the revision of Administrative Regulations (AR) 6164.6.

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