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Regular Meeting
Berkeley USD
August 11, 2021 5:30PM
ZOOM

1. Call to Order - 5:30PM
Quick Summary / Abstract:

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. 


2. Closed Session Public Testimony
3. Closed Session
Quick Summary / Abstract:

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.

3.1. Superintendent Evaluation (Government Code Section 54957)
3.2. Conference with Legal Counsel--Existing Litigation (Government Code Section 54956.9(b))Was edited within 72 hours of the Meeting
3.2.1. OAH 2021050471
3.3. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.3.1. Berkeley Council of Classified Employees (BCCE)
3.3.2. Berkeley Federation of Teachers (BFT)
4. Call to Order - 7:00 PM
5. Approve Regular Meeting Agenda of August 11, 2021
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
Quick Summary / Abstract:
 
8. Union Comments
Quick Summary / Abstract:
Representatives from each union are given the opportunity to address the Board on any issue, 5 minutes per union. (Order rotates).
9. Committee Comments
Quick Summary / Abstract:
Representatives from District committees that include members of the public are given the opportunity to address the Board on any issue.  5 minutes per committee.
10. Board Member and Superintendent Comments
Quick Summary / Abstract:

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

11. Consent Calendar - approval requested
11.1. Approval of Human Resources Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:            Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            August 11, 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 report for details.



 
Attachments:
Certificated Personnel Report 08.11.21
11.2. Approval of Resolution 22-002 to Eliminate/Reduce Classified Positions
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:         Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:           August 11, 2021 
SUBJECT:    Elimination/Reduction of Specified Classified Position

BACKGROUND INFORMATION:

Due to lack of work and /or lack of funds the following classified position in the District needs to be reduced.

SITE

POSITION

ELIMINATE/REDUCE

MALCOLM X

INSTRUCTIONAL SPECIALIST (GARDEN)

REDUCE FROM .71 FTE TO .56 FTE

In light of Education Code requirements, it is necessary for the Governing Board to set forth and act on the eliminations/reductions so that each employee affected can be timely notified as prescribed by law and collective bargaining agreements.  

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

STAFF RECOMMENDATION:
Approve Resolution.


 
Attachments:
Layoff Resolution 22-002
11.3. Ratification of Summer Hires
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:         Brent Stephens, Ed.D., Superintendent
FROM:            Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            August 11, 2021
SUBJECT:      Ratification of Summer Hires

BACKGROUND INFORMATION:
At the June 2, 2021 Board Meeting, the Board approved Resolution 21-044 authorizing the Superintendent to hire administrators during the Board’ summer recess effective July 1, 2021.  During the Board's summer recess the following administrators were hired:

Harrison Blatt, Vice Principal, Berkeley High School
Kathleen Babka-Fleming, Director, Local Resources and Partnerships
Liza Estupin, Director, State and Federal Programs and Special Projects
Ruth Steele Brown, Director, Berkeley Research, Evaluation and Assessment (BREA)
Marcella Taylor, Vice Principal, King Middle School (.20 FTE)
Melissa Virrueta-Ayala, 504 Coordinator

STAFF RECOMMENDATION:
Ratify the hiring of the above administrators.


 
11.4. Ratification of Tentative Agreement with Local 21 Professional and Technical Engineers, AFL-CIO, for Successor Agreement for 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Samantha Tobias-Espinosa,  Assistant Superintendent, Human Resources
DATE:          August 11, 2021
SUBJECT:   Tentative Agreements with Local 21 Professional and Technical Engineers, AFL-CIO, for Successor Agreement for 2021-2022

BACKGROUND INFORMATION:
The District and the Local 21 Professional and Technical Engineers, AFL-CIO, are parties to a collective bargaining agreement that ended June 30, 2021. On July 12,2021, representatives for the District and Local 21 reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2022. The Local 21 membership ratified this Tentative Agreement on July 19, 2021.

POLICY/CODE:
California Government Code Section 3547 and Board Policy 4143.1 and 4243.1

FISCAL IMPACT:

Cost increase of salary and statutory benefits paid for by the Unrestricted General Fund through 2021-22 totals $42,000 and is included in the AB1200 filed with the Board on 8/11/2021. Additional negotiated cost for stipends and longevity is estimated to be less than $10,000.  The 3.5% off schedule bonus will be paid using restricted funds.

STAFF RECOMMENDATION:
Approve the Tentative Agreements.



 
Attachments:
Tentative Agreements Between BUSD and Local 21
11.5. Ratification of Tentative Agreement with the Union of Berkeley Administrators (UBA) for Successor Agreement for 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed. D., Superintendent
FROM:        Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:          August 11, 2021
SUBJECT:   Ratification of Tentative Agreement with the Union of Berkeley Administrators  (UBA) for Successor Agreement for 2021-2022                  

BACKGROUND INFORMATION:
The District and the Union of Berkeley Administrators (UBA) are parties to a collective bargaining agreement that ended June 30, 2021. On June 18, 2021, representatives for the District and UBA reached a Tentative Agreement (TA) to enter into a successor Memorandum of Understanding (MOU), completing all matters of negotiation through June 30, 2022. The UBA membership ratified this Tentative Agreement on June 21, 2021.

POLICY/CODE:
California Government Code Section 3547 and Board Policy 4143.1 and 4243.1

FISCAL IMPACT:
Cost increase of salary and statutory benefits paid for by the Unrestricted General Fund through 2021-22 totals $59,332 and is  included in the AB1200 filed with the Board on 8/11/2021. Additional negotiated cost for medical benefits  is estimated to be less than $10,000.  The 3.5% off schedule bonus will be paid using restricted funds.

STAFF RECOMMENDATION:
Approve the Tentative Agreement.



 
Attachments:
Tentative Agreement between BUSD and UBA 06.18.21
11.6. Approval of Public Disclosure of Collective Bargaining Agreement Documents
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Superintendent Brent Stephens
FROM:        Pauline Follansbee, Assistant Superintendent 
DATE:        August 11, 2021
SUBJECT:  Approval of Public Disclosure of Collective Bargaining Agreement Documents

BACKGROUND INFORMATION:
The Berkeley Unified School District negotiated tentative agreements with Local 21 Professional and Technical Engineers, AFL CIO, (Local 21), and Union of Berkeley Administrators (UBA), which were ratified by members on July 19, 2021 and June 21, 2021 respectively.

These tentative agreements are effective July 1, 2021 through June 30, 2022, and provide for an on-schedule salary increase of 1% and an off salary increase of 3.5%, and an increase in medical benefits for half of the increase in the Kaiser monthly premium for Plan Year 2022 only for both unions.  Local 21 negotiated for an increase in bi-lingual and lead occupational therapist stipends.

The impact of the increase in salaries and benefits have been included in the District’s 2021-22 Adopted Budget.

 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 Local 21 and UBA.

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 the negotiated salary increase for all employees

STAFF RECOMMENDATION:
Government Code section 3547.5rove Public Disclosure documents for Collective Bargaining Agreement for Local 21 and UBA.

 
11.7. Approve Expenditures for Harris QSS Finance/HR System
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:            Board of Education
FROM:          Max Eissler, Director of Technology
DATE:           August 11, 2021
SUBJECT:    Approve expenditures for Harris QSS Finance/HR System

BACKGROUND INFORMATION:
The district has used Harris QSS Oasis for its fiscal/HR system since 2002. The district intends to migrate to the County fiscal/HR solution, Escape over the course of the year.  However, the migration plan requires that the district operate both systems in parallel throughout the year, necessitating a subscription to both systems during 2021-22 fiscal year.  This document requests approval of expenses for QSS only in 2021-22, the purchase of the Escape fiscal/HR solution will be presented in a separate board agenda item. The purchase of the QSS software licensing will be necessary for the ongoing functions of HR and Fiscal Services during the 2021-22 school year, regardless of whether or not the district moves forward with the purchase of Escape.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
$ 114,392 to be paid for by the General Fund.

STAFF RECOMMENDATION:
Approve 2021-22 expense of $114,392 for district licenses for Harris School Systems Oasis system.

 
11.8. Approve Expenditures for Wide Area Network Services with Comcast
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Board of Education
FROM:          Max Eissler, Director of Technology
DATE:           August 11, 2021
SUBJECT:     Approve expenditures for Wide Area Network Services with Comcast

BACKGROUND INFORMATION:
In March 2019, the School Board approved and the district entered into a five-year contract for Wide Area Network connections with Comcast to provide network connectivity between campuses and bring Internet access to all district facilities. The district has applied for and received 50% matching funding for this service from the federal ERate program. This Board Document authorizes the district portion of these expenditures for the for the 2021-22 school year.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
$117,900 to be paid for by the General Fund.

STAFF RECOMMENDATION:
Approve 2021-22 expense of $117,900 for district’s contract with Comcast for Wide Area Network Services.

 
11.9. Approval of MOU with SKS Consulting, Middle School Assignment Community Engagement Process
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    BUSD Board of Education
FROM:      Brent Stephens, Superintendent
DATE:          August 11, 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 August 11 through December 17, 2021.

Financial Impact: $55,350 in fiscal year 2021-22

 
11.10. Approval of MOU with R.T. Fisher Educational Enterprises to Advance the African American Student Success Initiative (AASSI)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Superintendent
FROM:        Rubén Aurelio, Associate Superintendent, Educational Services
DATE:        August 11, 2021
SUBJECT:  Approval of MOU with R.T. Fisher Educational Enterprises to Advance the African American Student Success Initiative (AASSI)

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.

R.T. Fisher Educational Enterprises, Inc will work with Berkeley Unified School District (BUSD) to Finalize a comprehensive African American Student Success Initiative (AASSI). This initiative will have three major components: 

  1. Deliver a district-wide environmental scan and multi-year strategic plan of action with measurable goals and outcomes.

  2. Expand the STEM Steps program to 3rd to 8th-grade students across all schools with an academic intervention plan of action with measurable goals and outcomes, targeting Black/African-American students.

  3. Provide SEAD intervention support services to identified CCEIS Vision school focal student participants. CCEIS Vision schools include Berkeley Arts Magnet (BAM) Elementary, Malcolm X Elementary, Oxford Elementary, Washington Elementary, & Longfellow Middle School.

FISCAL IMPACT:
Amount not to exceed $520,000
Fully Funded with ESSER III and IPI Funds

STAFF RECOMMENDATION:
Approve the contract with R.T. Fisher as submitted


 
11.11. Approval of Contract to Provide Services for Creation of the District’s Multilingual Learner Master Plan
Rationale:

Berkeley Unified School District

TO:            Brent Stephens., Superintendent
FROM:         Ruben Aurelio, Associate Superintendent
DATE:          August 11, 2021
SUBJECT:  Approval of Contract to provide services for creation of the District’s Multilingual Learner Master Plan

BACKGROUND INFORMATION
The California Association for Bilingual Education (CABE) to provide systemic support, coaching, and professional learning for the creation of the District’s Multilingual Learner Master Plan.  Cost not to exceed $130,000.  $100,000 will be funded by an In-Person Instructional Grant and $30,000 will be funded by General funds.  Requested by Liza Estupin.

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the cost for services referenced above.

 
11.12. Approve Expenditures for Infinite Campus Student Information System
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Education
FROM:          Max Eissler, Director of Technology 
DATE:            August 11, 2021
SUBJECT:     Approve expenditures for Infinite Campus Student Information System

BACKGROUND INFORMATION:
The district adopted a new Student Information System (SIS), Infinite Campus, in the 2020-21 school year after the prior SIS system, Illuminate ISI, was discontinued. This document requests approval of expenses for 2021-22. The district has completed the conversion and will not be renewing Illuminate ISI in the 2021-22 fiscal year.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
$101,154 to be paid for by the General Fund.

STAFF RECOMMENDATION:
Approve 2021-22 expense of $ 101,154 for district license renewal for Infinite Campus.
 
11.13. Approve Expenditures for Copiers, Maintenance, and Print Shop Services
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Education
FROM:          Max Eissler, Director of Technology
DATE:           August 11, 2021
SUBJECT:     Approve expenditures for copiers, maintenance, and Print Shop services

BACKGROUND INFORMATION:
In October 2017, the School Board approved and the district entered into a five-year contract for copiers, maintenance, and Print Shop copying and supplies with Xerox. This Board Document authorizes those expenditures for the 2021-22 school year.

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
$699,000 to be paid for by the General Fund.

STAFF RECOMMENDATION:
Approve 2021-22 expense of $699,000 for district’s contract with Xerox for site copying equipment, maintenance, and Print Shop copying.

 
11.14. Approval of Contracts/Purchase Orders for Services Contracts
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         August 11, 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.Ratification of contract with Inflow Communication Inflow Communication to provide support for district-wide phone system for the 2021-22 SY. The cost will not exceed $33,331.67. To be paid from General Fund. Requested by Max Eissler.

2.Ratification of contract with CDW-G to provide content filtering and Chromebook tracking systems for Technology Department for the 2021-22 SY. The cost will not exceed $33,600. To be paid from BSEP Technology Resource. Requested by Max Eissler.

3.Ratification of contract with Intrado Interactive Services West Interactive to provide School Messenger phone, email, and SMS communication system for Technology Department for the 2021-22 SY. The cost will not exceed $15,559.75.To be paid from General Fund. Requested by Max Eissler.

4.Ratification of contract with Xterra Solutions to provide network security and troubleshooting services for the 2021-22 SY. The cost will not exceed $15,000. To be paid from General Fund. Requested by Max Eissler.

5.Ratification of contract with Calliope East Bay Music and Arts to provide BMUZ summer music and dance day camp for VAPA for the period of 6/7/21 – 7/15/21. The cost will not exceed $11,050. To be paid from General Funds. Requested by Peter Gidlund.

6.Ratification of contract with Power Plus to provide electrical installation for the access control point at Berkeley High School Milvia Gate Project. The cost will not exceed $12,135. To be paid from Measure G. Requested by John Calise.

7.Ratification of contract with Cheryl Hazell-Small, to provide consultant services to the Special Education Department for the 2021-22SY. The cost will not exceed $50,000. To be paid from the General Funds.  Requested by Shawn Mansager.

8.Bay Area Community Resources to provide Americorps staff members to support students at Longfellow Middle Schools for the 2021-22 SY. The cost will not exceed $27,000. To be paid from BSEP Funds. Requested by Kathy Fleming.

9.Mills Teacher Scholars to provide teacher professional development at Willard Middle School for the 2021-22 SY. The cost will not exceed $26,000. To be paid from BSEP Funds. Requested by Kathy Fleming.

10.Zoom Video Communications, Inc., to provide remote conferencing and webinar services to the District for the 2021-22 SY. The cost will not exceed $29,240. $15,100 to be paid from COVID Relief Funds, $5,000 from Adult School Block Grant and $9,140 from the Genereal Fund. Requested by Max Eissler.

11.Holden High School, to provide educational and counseling services for Special Education students for the period from 08/25/21 – 6/30/22. The cost will not exceed $38,327. To be paid from Special Education Funds. Requested by Shawn Mansager.

12.UCSF Benoiff Children’s Hospital, to provide certified athletic trainers for Berkeley High School for the 2021-22SY. The cost will not exceed $38,600. To be paid from the General Fund. Requested by Juan Raygoza.

13.Child Therapy Institute to provide counseling and mental health services for Berkeley Arts Magnet Elementary School for the period from 8/12/21 - 6/3/22. The cost will not exceed $27,000. To be paid from BSEP Fund. Requested by Rene Molina and Kathy Fleming.

14.Mary Kong, to provide Risk Education Services at the BUSD school sites for the period of 8/16/21 - 9/15/21.  The cost will not exceed $11K.  To be paid from ESSER II funds.  Requested by John Calise.

15.Increase in contract, to Winn Burda, to provide COVID Risk Management Services at the BUSD School Sites for the period from 9/1/21 – 1/31/22. The Board originally approved $23,000 on 6/9/21. The additional amount needed is $37,000 for a total of $60,000. To be paid from GEER I and ESSER I Funds. Requested by John Calise.

16. E4E Arts - Young, Gifted & Black, to provide after school enrichment classes to students from all elementary and middle school campuses for the 2021-22SY. The cost will not exceed $55,000. To be paid from LCAP Supplemental Fund and Afterschool Funds. Requested by Ruben Aurelio.

17. Approve contract for Megan Farrell to provide services as the Interim Title IX Coordinator to help with the transition of the new Coordinator.  For a total amount of $20,000. To be paid from General Fund.  Requested by Brent Stephens. 

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

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

 
11.15. Approval of Contract Extension with American Logistics for Non-Public School (NPS) Transportation School Year 2021-2022
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                  Brent Stephens Ed. D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          August 11, 2021
SUBJECT:      Approval of Contract Extension with American Logistics for Non-Public                         School (NPS) Transportation School Year 2021-2022

BACKGROUND INFORMATION:
Since August 2014 the District has had a contract with American Logistics to provide transportation for students attending Non-Public Schools (NPS) which automatically renews each year. Over the past few years, cost increased due to increased number of students, being served and increase in wait time. In 2020-2021, estimated total cost did not exceed for services due COVID19 Pandemic, closure of district and Non-Public schools.

FISCAL IMPACT:
The estimated annual cost of service under the contract extension for 2021-2022 is estimated at $600,000 due to projected savings in operations. This cost includes the services for the Extended School Year of Summer 2022.

STAFF RECOMMENDATION:
Approve Purchase Order with American Logistics Company (ALC) for School year 2021-2022 in the amount of $600,000.

 
11.16. Approval of Contract Amendment for Three Additional Nurses provided by Aya Healthcare during the 2021-22 School Year
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens., Superintendent
FROM:       Ruben Aurelio, Associate Superintendent, Educational Services
DATE:        August 11, 2021
SUBJECT:  Approval of Contract amendment for three Additional Nurses provided by Aya Healthcare during the 2021-22 School Year

BACKGROUND INFORMATION:
Aya Healthcare is currently providing 2 nurses for staff COVID-19 testing.  Due to reopening schools, 3 more nurses are required to provide COVID-19 testing for students.  Additional cost will come from COVID Relief Funds.

FISCAL IMPACT:
Not to exceed $450,000

STAFF RECOMMENDATION:
Approve the additional cost for three nurses

 
11.17. Approval of Contract MOU Covid School Testing Sites (Vestra)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed. D., Superintendent
FROM:           Pauline Follansbee, Asst. Superintendent of Business Services
DATE:            August 11, 2021
SUBJECT:     Approval of Contract MOU Covid School Testing Sites (Vestra)

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.

Vestra Laboratory Inc. is the choice organization for testing services nationwide, they serve federal state and local agencies.  Their team in California has been trained to administer the BinaxNOW test by CDPH staff. They have an existing relationship with Ginkgo Bio works and are prepared to assist in the collection of samples for PCR pooling.

It is understood and agreed that in consideration for allowing Vestra to test BUSD’s students,  and family members, that Vestra will provide and pay for all supplies and staffing necessary to administer the requested COVID-19 test (PCR/Antibody) as well as shipping/delivery of those supplies.

Furthermore, it is agreed that under no circumstance will Vestra directly bill or charge any of BUSD’s students, and/or their family member. 

Vestra Laboratory is to provide COVID-19 testing in BUSD Schools for the period from August 1, 2021 - 6/30/21.

 

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

STAFF RECOMMENDATION: 
Approve the contract with Vestra Labs. as submitted

 
11.18. Approve Listing of Fiscal Warrants issued in June 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         August 11, 2021
SUBJECT: Approve Listing of Fiscal Warrants issued in June 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:
9,268,027.08 for the month of June 2021 from various funds.  

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

 
Attachments:
JUNE 2021 FISCAL WARRANTS
11.19. Approve Listing of Fiscal Warrants issued in July 2021
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


TO:             Brent Stephens, Ed.D, Superintendent
FROM:        Pauline E. Follansbee, Assistant Superintendent Business Services
DATE:         August 11, 2021
SUBJECT: Approve Listing of Fiscal Warrants issued in July 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:
6,982,340.23 for the month of July 2021 from various funds.  

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

 
Attachments:
JULY 2021 FISCAL WARRANTS
11.20. Approval of Resolution 22-001 to Establish Agents and Authorized Signers for Signature Card and Official Documents
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                 Brent Stephens, Ed.D , Superintendent 
FROM:           Pauline Follansbee, Assistant Superintendent of Business Services 
DATE:            August 11, 2021
SUBJECT:    Approval of Agents and Authorized Signers for Signature Card and Official Documents and Reports for the Berkeley Unified School District

BACKGROUND INFORMATION:
Education Code Section 42632 for K-12 and Section 85232 for community colleges requires that signatures of all governing board members and signatures of persons authorized by the governing board to sign orders must be filed with the County Superintendent of Schools. 

Staff is submitting Resolution 22-001 -Authorized Agents and Authorized Signers for BUSD for approval to be submitted to the Alameda County Office of Education as required.     

POLICY/CODE:
Educational Code Section 42632

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
It is recommended that the Board approve Resolutions 22-001 by unanimous vote as required by the Education Code.

 
Attachments:
Authorized Signer Res# 22-001
11.21. Approve the 2021-2022 Consolidated Application to Fund Categorical Aid Programs
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:          Ruben Aurelio, Associate Superintendent
DATE:          August 11, 2021
SUBJECT:    Approval of the 2021-2022 Consolidated Application for
Funding Categorical Aid Programs

BACKGROUND INFORMATION:
The Consolidated Application (ConApp) for Funding is submitted annually to the California Department of Education to request funding for categorically funded programs. The current application requires the submission of fiscal categorical program funding data, reports on expenditures and activities provided by schools and the district. The ConApp will be submitted two times per year, February and June. Each submission requires a different set of data and reports to be submitted online. Board approval is required for the June submission as there are basic legal assurances for all of the categorical programs to indicate that the school district will comply with the requirements for the following program funds.

Federal funds for special needs students included in the application are:

  • ESSA - Title I, Part A – Improving Basic Programs Operated by Local Educational Agencies (Funds               to meet the educational needs of qualified students)
  • ESSA - Title II, Part A – Supporting Effective Instruction
  • ESSA - Title III – Language instruction for Limited English
                 Proficient Students, included in the application are:
  • ESSA – Title IV, Part A – Student Support and Academic Enrichment

A complete copy of the Consolidated Application is available upon request.

POLICY/CODE
Education Code Section 64000-64001

FISCAL IMPACT
Approximately $1,033,878 in categorical funding

STAFF RECOMMENDATION
Approve the Consolidated Application for Categorical Aid programs.

 
Attachments:
Con App 21-22
11.22. Approval of Head Start Contract with YMCA of the East Bay
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Superintendent
FROM:          Ruben Aurelio, Associate Superintendent
DATE:           August 11, 2021
SUBJECT:    YMCA of the East Bay – Head Start Contract

BACKGROUND INFORMATION:
BUSD is contracted annually to provide services for the YMCA of the East Bay - Head Start Program as a part of the BUSD pre-school services. BUSD pre-schools provide Head Start enhanced services for 100 pre-school students each year at a rate of $360.63 per month per student. Services required by Head Start include home visits for each student, additional screening and assessments for each student, and individual student plans. In addition, Head Start is also including $15,000 for Mental Health Services and $75,000 for COVID relief. The annual contract total for BUSD pre-schools will be $450,630 for the 2021-2022 school year.

Funds received from Head Start will be used to pay for additional requirements, materials, and a coordinator to ensure compliance with Head Start regulations and oversee annual monitoring and audits.

POLICY/CODE:
California Development Division
Ed Code Title 5

FISCAL IMPACT:
Payment of $450,630 will be paid by YMCA of the East Bay to BUSD’s child development program for these services.

STAFF RECOMMENDATION:
Approve the contract with YMCA of the East Bay.

 
11.23. Approve Agreement between Alameda County Office of Education and Berkeley Unified School District for Frontline/Escape Technology School Software
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Board of Education
FROM:          Max Eissler, Director of Technology 
DATE:            August 11, 2021
SUBJECT:     Approve Agreement between Alameda County Office of Education and Berkeley Unified School District for Frontline/Escape Technology School Software

BACKGROUND:
The district wishes to obtain, and ACOE wishes to provide certain Data Processing Services and Business Systems understood by both parties to be necessary for the administration of BUSD’s Fiscal, Payroll, Human Resources and other related functions.

Converting to Escape will allow the district to benefit from all of ACOE’s processing services (printing and signing of warrants, W-2 & 1099 processing, posting apportionments directly to General Ledger, online Cash reconciliation, etc.) They also benefit from ACOE’s support services. ACOE answers approximately 90% of all work orders in-house without need for direct Escape support. ACOE also provides training as well as periodic user group meetings.

Benefits of converting to Escape will provide a fully integrated enterprise system for Budgeting & Accounting, Purchasing, Accounts Payable, Accounts Receivable, Fixed Assets, Payroll, Position Control, Retirement, Human Resources, and Credentialing.  It is fully compliant with California school accounting practices, and provides comprehensive help and video tutorials throughout the software, as well as an employee portal for payroll, benefits, and other employment information

This system will replace QSS in 2022-23 implementation is planned for October of this year and will require training to be coordinated by Escape training team and lead by the Districts Assistant Superintendent and IT Director.

The Board approved implementation as part of the Districts priorities for 2021-22  this document requests approval of expenses for 2021-22.  

POLICY CODE:
Public Contract Code: 20111
Board Policy 3310

FISCAL IMPACT:
$ 279,125. to be paid for by the General Fund.

STAFF RECOMMENDATION:
Approve 2021-22 expense of $ 279,125.  for district adoption of the Escape System

 
Attachments:
Escape Contract with ACOE
11.24. Approval of Out-of-State Travel Request
Rationale:

Berkeley Unified School District

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          Ruben Aurelio, Associate Superintendent, Educational Services
DATE:           August 11, 2021
SUBJECT:    Out of State Travel Request

BACKGROUND INFORMATION:
The following out of state travel request is being requested:

2022 National ESEA Conference, New Orleans, LA, February 15-19, 2022
Approval for Liza Estupin, Director, Categorical & Special Projects and Siu Lau, Sr. Budget Analyst, Educational Services to attend this four day, five night conference.  The 2022 National ESEA Conference is a premiere learning opportunity for Federal education program managers and educators which focuses on building skills and understanding of federal education laws so that districts can better support disadvantaged children. During the conference attendees receive important updates from the U.S. Department of Education, guidance on how to provide centralized support across all federally funded programs available in the district (Title I, Title II, Title III and Title IV).  Requested by Liza Estupin, Director, Categorical & Special Projects.  Travel and conference cost will not exceed $5,500 and will be paid using General Funds designated for Administrator Professional Development.

POLICY/CODE:
Education code 35330
Board Policy 6153

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the out of state travel consistent with District policies and instructional programs.

 
11.25. Approve 2021-22 Designation of BHS CIF Representative to Athletic League
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:    Superintendent Stephens and School Board Members       
FROM:    Juan Raygoza, BHS Principal                
DATE:     August 11, 2021    
SUBJECT:    Approval of Voting Members for the North Coast Section 

BACKGROUND INFORMATION: 
In order to fully participate as voting members in our North Coast Section Athletic Conference, this form needs to be approved by our governing board. 

POLICY/CODE: 
Ed. Code 33353 (a) 1

STAFF RECOMMENDATION: 
Approve the aforementioned voting members from Berkeley High School for the North Coast Section Athletic Conference.


 
11.26. Accept the Completion of the Sylvia Mendez Roof and Skylights Project and Approve Resolution Number 22-000
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D., Superintendent
FROM: John Calise, Executive Director of Facilities 
DATE:           August 11, 2021
SUBJECT: Accept the Completion of the Sylvia Mendez Roof and Skylights Project and Approve Resolution Number 22-000

BACKGROUND INFORMATION:
On May 30, 2018, the Board awarded a contract with State Roofing Systems, Inc. to replace the roof and skylights at Sylvia Mendez 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 8%.  

STAFF RECOMMENDATION:
Accept the project as complete and approve resolution number 22-000


 
Attachments:
Resolution 22-000
11.27. Approve Appointment to the Measure G Citizens’ Bond Oversight Committee
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:           Brent Stephens, Ed. D., Superintendent
FROM:           John Calise, Executive Director, Facilities
DATE:         August 11, 2021
SUBJECT: Approval of Appointment to the Measure G Citizens’ Bond Oversight Committee

BACKGROUND INFORMATION:
On April 22, 2020, the Board approved a resolution declaring the election results for Measure G.  Our current CBOC was appointed November 18, 2020. The Board of Education has approved a set of Bylaws that guide the operations of the Citizens’ Construction Oversight Committee also known as the Construction Bond Oversight Committee (CBOC).  

The District has recruited for the following vacancy. We are currently filling a vacancy with a current member. Given the shift, an additional vacancy has been created and we will begin recruitment.


RECOMMENDATION:
Approve the appointment to the Measure G Citizens’ Construction Bond Oversight Committee. 

 
11.28. Approval of Additional Services for Colbi Technologies
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:                Brent Stephens, Ed.D., Superintendent
FROM:          John Calise, Executive Director of Facilities
DATE:           August 11, 2021
SUBJECT:    Approval of Additional Services for Colbi Technologies

BACKGROUND INFORMATION
The District has utilized Colbi Technologies since 2015 to provide software for the planning and management of the bond program. The services include:

  • Tools for School District Facilities expenditure reporting to stakeholders and reporting agencies

  • Document management and routing for all construction-related documents

  • Prequalification services to assist the District in determining qualified contractors for our projects.

The Board approved a contract in the amount of $90,000 in June for the school year of 2021-2022 to be split across all bond programs, however, it was determined that additional funding will be required for the year based on currently planned projects.  The Facilities Division is requesting an additional approval of $100,000 to bring the total amount to not exceed $190,000. 

POLICY/CODE:
Board Policy 3310.

FISCAL IMPACT:
Contract increase by this action: $100,000 to be split across all Bond funds for a total contract of $190,000

STAFF RECOMMENDATION:
Approve additional services with Colbi Technologies for a total contract of $190,000


 
11.29. Approve Revised School Board Meeting Calendar for 2021
Attachments:
Revised Calendar
11.30. Approval of Board of Education Meeting MinutesWas edited within 72 hours of the Meeting
Rationale:
 
 
Attachments:
June 2, 2021
12. Discussion Items
12.1. Updates for the Start of the 2021-2022 School Year (45 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Superintendent
SUBJECT:  Updates for the Start of the 2021-2022 School Year
DATE: August 11, 2021

In this discussion item, BUSD staff will present updates on the 2021-2022 school year, including the most recently updated guidelines for health and safety protocols on campuses in California; and updates on BUSD services for students and families.

This discussion item will include information on wearing masks for students and staff, ventilation upgrades, COVID testing, self-screening for symptoms of COVID, and transportation. The presentation will also review protocols that are now no longer required, like social distancing and stable groupings of students.

With respect to support for students and families, staff will review BUSD intervention and counseling programs, and share updates on new programs and partnerships funded through COVID relief money that are designed to support students during the 21-22 school year.


 
Attachments:
Updates for the Start of the 2021-2022 School Year, August 11, 2021
12.2. Discussion of Possible Policy to Require Mandatory Vaccines or Weekly COVID-19 Testing for all BUSD Employees; and to Require Mandatory Student COVID Testing (20 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM: Brent Stephens, Superintendent
SUBJECT: Discussion of Policy to Require Mandatory Vaccines or Weekly COVID-19 Testing for all BUSD Employees; and to Require Mandatory Student COVID Testing
DATE: August 11, 2021

In this discussion item, the Board of Education will hear a presentation on the legal and technical issues associated with two types of mandated health precautions in BUSD schools: A requirement that all employees be vaccinated against the COVID-19 virus or be tested for COVID-19 once per week; and a requirement that all students attending BUSD schools in person be regularly tested for COVID.

The presentation materials for this item were modified at 12:30pm on August 11 to reflect the August 11 Public Health order to require vaccination/weekly testing for all school workers.

This item is not agendized for Board action.

 
Attachments:
Mandatory Employee Vaccination or Testing; Mandatory Student Testing
13. Action Items
13.1. Approval of Updated Board Policy 6155 - Independent Study Program (30 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Superintendent    
FROM:  Rubén Aurelio, Associate Superintendent
DATE:   August 11, 2021     
SUBJECT: Board Policy 6155 - Independent Study Program

BACKGROUND INFORMATION: 
With the adoption of Education Budget Omnibus trailer Assembly Bill 130, approved by the governor of California on July 9, 2021, enacts changes to BUSD independent study programming. The presentation accompanying the updated Board Policy 6155 will provide the board and community information regarding the three Independent Study options BUSD families will have for the 2021-2022 school year. 

POLICY/CODE:
BP 6155

FISCAL IMPACT:
Hire 3 to 6 additional certificated FTE at $105K per FTE from COVID funds.

RECOMMENDATION:
Adopt the changes to Board Policy 6155 to reflect the language that meets the requirements of AB 130.


 
Attachments:
BP 6158 (redlined changes)
Presentation, Changes to BP 6155, Independent Study
14. Public Hearings
14.1. Public Hearing for BUSD’s Budget for 2021-22 at 8:30pm (Note: This means that the hearing will begin no earlier than 8:30PM but may begin later than this time.)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent of Business Services
DATE:        August 11, 2021
SUBJECT:  Public Hearing for Preliminary Budget for Fiscal Year 2021-22

BACKGROUND INFORMATION:
For technical reasons we are resubmitting the public hearing submitted to the board on June 16, 2021 and approved by the board on June 23, 2021.

 
14.2. Public Hearing on the Local Control and Accountability Plan (LCAP) at 8:35pm. (Note: This means that the hearing will begin no earlier than 8:35 PM but may begin later than this time.)
Attachments:
2021-24 Final LCAP
BUSD 2021 Local Indicators
LCAP Annual Update
LCFF Budget Overview
15. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:
 
16. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
17. Adjournment

Published: August 6, 2021, 8:26 PM

The resubmit was successful.