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 16, 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:       June 16, 2021
SUBJECT:     Approval of Position Control Update Report

BACKGROUND INFORMATION:

On a regular basis, staff presents a Position Control Report listing actions that increase, decrease, or change the funding of positions in the District for the Board to approve officially. The first report was brought to the Board for approval on November 4, 2020 to establish a common understanding of the positions that were established as of October 30, 2020. An update report will be presented to the Board for approval whenever changes occur.

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: Two Way Immersion Enrollment, Board Policy

Date: June 16, 2021

This draft policy and accompanying administrative regulations was passed by the BUSD Policy Subcommittee on May 27, 2021. It was shared as an information item at the Board meetings on June 2 and June 9, 2021; and is scheduled for approval on the consent calendar this evening.

The new policy modifies the student enrollment categories for the Two Way Immersion programs at Sylvia Mendez and Longfellow from two categories to three. Previously, students were assigned to one of two categories on the basis of the Home Language Survey (English Learner and English Only) at a target rate of 50% for each category. The new policy creates three categories: English Learners, English Only, and a new category called "Heritage Language Learner".

From the policy: "Enrollment in the District’s Two-Way Immersion (TWI) elementary school program shall reflect, to the extent possible, the following student populations: one-third exclusively Spanish-speaking English Language learners; one-third exclusively Spanish-language heritage speakers; and one-third English-speakers, non-Spanish-speaking English learners, and Spanish-language heritage speakers. This balance is a research-based approach that aims to best serve the English Language Learners in the Two-Way Immersion Program in light of the demographics of the District, and it increases access to the program for bilingual Spanish-language heritage speakers."

From the policy: "Spanish-language heritage speakers are bilingual students who are raised in homes where some level of Spanish is spoken through familial, cultural and ancestral ties. A heritage language speaker has some command of Spanish acquired at home, and although holds competence, will differ from that of native speakers of comparable age."

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline Follansbee, Deputy Superintendent
DATE:            June 16, 2021
SUBJECT:     Approval of Afterschool Provider for Ruth Acty Elementary School

BACKGROUND INFORMATION:

Bay Area Community Resources (BACR) has previously provided fiscal and program management services to the JAZ Afterschool program starting in school year 2010-11 and continuing through most of 2016-17 and then 2017 - 2021. They recently supported the Phase 1 learning cohorts during the pandemic.

Staff is requesting the Board to approve renewal of agreement with Bay Area Community Resources (BACR) as the afterschool provider and fiscal agent for Ruth Acty Elementary After School program effective July 1, 2021 for one year..  BACR is the best choice due to their experience with the JAZ (now RAZ) program and continued support from the Ruth Acty school staff and community.  The Principal, Afterschool Program Supervisor and Assistant Superintendent of Business Services will meet quarterly during the school year to provide program and fiscal oversight as done in prior years.  The RAZ parent community supports the renewal of this agreement.

BACR has been providing after school programs for over two decades. Currently BACR operates programs at 26 schools in Oakland, 15 schools in West Contra Costa, 5 schools in Alameda, 6 schools in San Rafael, 12 schools in San Francisco and 11 in Mt. Diablo.  BACR is the fiscal sponsor for over 40 schools in the Bay Area and the District’s vendor for mental health services.

POLICY/CODE:
N/A

FISCAL IMPACT: 
BACR will be receiving 15% administrative fee annually from parent fee revenue.  

STAFF RECOMMENDATION:
Staff is requesting approval to enter into an agreement with Bay Area Community Resources for fiscal year 2021-22.  

Berkeley Unified School District

TO:             Brent Stephens, Superintendent
FROM:        Ruben Aurelio, Associate Superintendent, Educational Services
DATE:         June 16, 2021
SUBJECT:  Approval of Memorandum of Understanding between Contra Costa County Office of Education and Berkeley Unified School District to Provide Teacher Induction Program (formerly BTSA)

BACKGROUND INFORMATION:
Berkeley Unified School District provides Beginning Teacher Support and Assessment (BTSA)/induction program for new teachers in order for them to receive a “Clear” California teaching credential.

Prior to 2007-2008 each district received state funding for each teacher participating in the induction program.  These funds were sent to a local consortium and allocated out to districts to use to support their teacher induction costs.  After 2007-08 BTSA/induction was considered a Tier III program and the funds remained dedicated to BTSA, but not tied directly to the number of teachers receiving services.

Newark Unified received these funds and continued to allocate funds to the District and other consortium partners, but at a reduced amount. With the adoption of the Local Control Funding Formula, BTSA/induction funding is no longer provided as a line item allocation to sites or consortiums.  Based on this fact, Newark Unified determined it would no longer distribute funds to support the induction program.  BUSD researched several other local options to provide services that would meet our needs and possibly service our teachers better.  It was determined that Contra Costa County Office of Education (CCCOE) would be the best match.

Beginning in 2014-15, CCCOE provided induction services and support for new teachers including special education teachers.  Services from CCCOE will no longer be referred to as BTSA, but rather CCCOE Teacher Induction Program (TIP).

CCCOE charges BUSD $2,250 per participating teacher when BUSD provides the mentor, or $3,000 per participating teacher when CCCOE provides the mentor.

BUSD pays a stipend to the mentor teachers in the amount of $1,600.  Currently staff is projecting 60 new year 1 and year 2 teachers in BUSD who qualify for or require TIP.  If additional teachers are hired that require support, the contract will be amended to include them.

POLICY/CODE:
Education Code Section 44259 – 22579

FISCAL IMPACT:
$260,000 in Tier III General Fund funding will be used to support new teachers with the CCCOE Induction Program.

STAFF RECOMMENDATION;
Approve the Memorandum of Understanding with Contra Costa County Office of Education

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Superintendent
FROM:        Ruben Aurelio, Associate Superintendent
DATE:         June 16, 2021
SUBJECT:   Approval of MOU with Edventure More (EDMO)

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.

EDMO will provide staff and materials for 3 hours per day (1pm-4pm Elementary; 12:45pm-3:45pm Middle School) for summer enrichment program for 192 students, 14 pods, Rosa Parks 3 pods, Sylvia Mendez 3 pods, Washington 6 pods, Longfellow 2 pods from July 1, 2021 to July 9, 2021.

EDMO will also provide staff and materials for 3 hours per day, 9:00am to 12:00pm for summer school enrichment program for 112 students, 8 pods, Washington 4 pods, Rosa Parks 2 pods, Sylvia Mendez 2 pods from July 12, 2021 to July 23, 2021.

Cost will not exceed $60,790 for the period of July 1, 2021, to July 9, 2021, and $54,000 for the period of July 12, 2021, to July 23, 2021, for a total of $114,790. Funding will come from COVID Relief funds.

STAFF RECOMMENDATION:
Approve the contract with Edventure More (EDMO) as submitted.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent Business Services 
DATE:         June 16, 2021
SUBJECT:  Approval of Public Disclosure of Collective Bargaining Agreement documents

BACKGROUND INFORMATION

The Berkeley Unified School District negotiated tentative agreements with Berkeley Federation of Teachers (BFT) on May 26, 2021, which was ratified by members on June 4, 2021.

This tentative agreement is effective July 1, 2021 through June 30, 2022, and covers an on-schedule salary increase of 1% and an off salary increase of 3.5%.  The impact of the increase in salaries and benefits will be included in the District’s 2021-22 Adopted Budget Report.

 In accordance with AB1200 (Chapter 1213/1991) and Government Code Section 3547.5, each public disclosure documents summarizing the fiscal impact of each of the collective bargaining agreements has been provided to the Board and is available for review by the public.   The public disclosure documents include the fiscal impact of collective bargaining agreements on the Unrestricted General Fund 01) for BFT.

The Public Disclosure Documents for tentative agreement will be submitted to the Alameda County Office of Education for their review. These documents indicate that the District will maintain a positive certification when the 2021-22 Budget is Adopted without reliance on parcel tax dollars.  The Superintendent and Deputy Superintendent have certified that the Adopted Budget includes revisions necessary to meet the costs of the agreement have been made, and no further budget revisions are necessary

POLICY CODE:
Government Code Section 3547.5

FISCAL IMPACT:
The Unrestricted General Fund 01 reflects an ongoing increase in salaries and benefits in the amount $1.1 million and $3.7 million as a one-time expense as a result of negotiated salary increase. Cost of other negotiated items totaling $281,000 and $175,000 have been included in the Unrestricted General Fund on an on-going and one-time costs respectively.

STAFF RECOMMENDATION:
Approve Public Disclosure documents for Collective Bargaining Agreement for BFT.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens, Ed.D., Superintendent   
FROM:          Pauline Follansbee, Assistant Superintendent Business Services
DATE:           June 16, 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

Item was presented May 6, 2021. 

Previous resolution omitted the language for Proposition 55. Attached please find a resolution that includes both the language for Propositions 30 and 55.

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: Update on Draft Superintendent’s African American Success Framework

Date: June 16, 2021

In this presentation to the Board, the Superintendent will co-present with Robyn Fisher of RT Fisher Enterprises on work over the Spring semester to develop a draft African American Success Framework for Berkeley Unified School District. 

Steps over the Spring include:

• Internal Data and Document Review

• Comparison to Other Districts’ Efforts and Outcomes to Serve African American Student and their Families

• Stakeholder Engagement

• Analysis of past and current plans to support African American students and their families

This presentation intends to update the Board and members of the public on this important work, and to describe the intersection of other projects to support Black and African American students and their families, including the Coordinated Early Intervention Services (CCEIS) plan and the Board;’s June, 2020 Black Lives Matter Resolution.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        June 16, 2021
SUBJECT: Approval of Budget Priorities for Fiscal Year 2021-22

BACKGROUND INFORMATION:
Staff is presenting a set of recommendations in the amount of $750,000 that will add a number of actions the district will take in the coming year to address the disparities in the district.  These actions relate to second language learning, gender and sexual orientation and disability.

Recommendations include funding an additional three Office of Family Engagement and Equity (OFEE) to ensure all our schools have the support of an OFEE liaison, a long- held vision for the departments and the necessary leadership capacity to build the team.  The board will also receive recommendations to fund the BRIDGE program at Berkeley High School, a college readiness program with a strong track record of serving first generation students of color, and funding to convert to a new business enterprise system to replace our existing system.

Staff is requesting the Board approve these budget recommendations at tonight’s meeting.  Approved recommendations will be included in the District’s 2021-22 Approved Budget.

FISCAL IMPACT:
The fiscal impact of these recommendations is  $750, 000 in ongoing expenditures in the Unrestricted General Fund, and $800,000 in one-time expenditures using restricted resources.

STAFF RECOMMENDATION:
The Board approve budget recommendations.

BERKELEY UNIFIED SCHOOL DISTRICT

To:  BUSD Board of Education
From:  Brent Stephens, Superintendent
Date:  June 16, 2021
Subject  Public Hearing on the 2021-2024 Local Control Accountability Plan (LCAP)

This public hearing on the 2021-2024 Local Control Accountability Plan provides members of the Berkeley community an opportunity to comment on the current draft LCAP prior to its formal approval by the Board on June 23rd.

Members of the public are encouraged to review the draft LCAP plan by visiting the homepage of the BUSD website, where there are prominently displayed links to the full document, as well as a electronic survey for offering comments on the draft.

Staff offered the Board a detailed summary of the current draft LCAP on June 9, 2021, and members of the public are encouraged to download materials from this meeting as well. The summary materials include an overview of the LCAP plan, and representations of the current draft LCAP, including goals, metrics, and actions. 

This evening's presentation will update the Board on changes made to the LCAP between the June 9 and June 16 meetings of the Board. These changes include:

• Math actions in Goal 2 are now added to Goal 1

• Math Curriculum and Educator Engagement in 21-22 ($50,000)

• OFEE Family Education Liaison (50/50 district/school split - $90,000; Spanish speaking)

• Educator Engagement on K-12 Assessment System ($50,000)

This Board discussion is a precursor to Board action on June 23 to approve the final LCAP. 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:       Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        June 16, 2021
SUBJECT: Public Hearing for Preliminary Budget for Fiscal Year 2021-22

BACKGROUND INFORMATION:
Staff is presenting the Preliminary Budget Report for fiscal year 2021-22 to the Board for discussion and approval of budget priorities. A Public Hearing on the preliminary budget will also take place June 23, 2021.  The 2021-22 budget must be approved by the Board prior to July 1, 2021. The 2021-22 Budget and any adjustments required, will be presented for approval by the Board at the next board meeting to be held on June 23, 2021. The following certifications may be assigned:

• Positive: assigned to any district that based on current projections will meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Qualified: assigned to any district that based on current projections may not be able meet its financial obligations in the current fiscal year and two subsequent fiscal years.
• Negative: assigned to any district that based on current projections will not be able to meet its financial obligations for the remainder of the current fiscal year or the subsequent fiscal year.

Staff prepared the preliminary budget, along with assumptions using the School Services of California, Inc. Dartboard and Fiscal Crisis and Management Assistance Team (FCMAT) Local Control Funding Formula (LCFF) Calculator, which provides school districts critical economic indicators for budget projections. Multi-Year projections along with other analytical reports are provided under separate cover. The preliminary budget contains the following documents for review and consideration by the governing board and will be presented by staff:

1. Assumptions
2. Variance Report
3. Comparative Reports
4. District certification of Preliminary Budget
5. General Fund Summary Funds 1-8
6. General fund Multi-year projection
   
   

This Preliminary Budget along with the Multi-Year Projections indicates that the District will be able to meet its financial obligations in the current and subsequent two fiscal years. Therefore, staff is presenting the Preliminary Budget to the Board with a positive certification.

The 2021-22 Estimated Actuals (budget) are also included with the Preliminary Budget, and includes adjustments made since 2020-21 Second Interim Budget

POLICY/CODE:

Education Code Section 42100 – 42134 et seq.

FISCAL IMPACT:
Not Applicable

STAFF RECOMMENDATION:
The Preliminary Budget for 2021-22 is being presented to the Board for information

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education

From: Brent Stephens, Superintendent

Re: Amendments to Administrative Regulations, 4119.12/4219.12/4319.12 Title IX Sexual Harassment Complaint Procedures

Date: June 16, 2021

Consistent with modifications to federal regulations that describe the investigation procedures for complaints under Title IX, the following amendments to BUSD’s Administrative Regulations are placed as information on this agenda. The amendments pertain exclusively to investigations involving district personnel.