The Presiding Officer will call the meeting to order at 6:00 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.

Persons wishing to address the Board should fill out a green speaker card.  Cards turned in by 7:15 p.m. 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 30 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. 

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:             August 25, 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:         Pauline Follansbee, Assistant Superintendent of Business Services
DATE:          August 25, 2021
SUBJECT:   Acceptance of Gifts/Donations

BACKGROUND INFORMATION:
The Board may accept and utilize on behalf of the District gifts of money or property for a purpose deemed to be suited by the Board. The following donations have been presented to the District:

1. Berkeley Public Schools Fund donated $69,266., to pay for the Growing Leaders Program at the request of Matt Tsang.
2. Anand Chokkalingam & Radha Seshagiri donated $3,047 to Nutrition Services to supplement summer meal service.

STAFF RECOMMENDATION:
Accept the donations to the District and request staff to extend letters of appreciation. 

POLICY/CODE:
BP 3290

FISCAL IMPACT: 
The District received a total of $72,313 in donations

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         August 25, 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.San Francisco Coalition of Small Schools, to provide coaching, technical assistance and professional developments focused on equity at Berkeley High School for the period of 8/1/21 – 6/25/22. The cost will not exceed $11,346. To be paid from BSEP Funds. Requested by Kathy Fleming.
• 2.Allyson Kay Altizer, to provide consulting and leadership services to Special Education Department for the 2021/22SY. The cost will not exceed $50,000. To be paid from Special Ed Fund. Requested by Shawn Mansager.
• 3.Increase in contract, to Child Therapy, to provide behavioral health and counseling services at Washington Elementary and Berkeley Arts Magnet. The Board originally approved $26,000 on 6/9/21. The additional amount needed is $12,000 for a total of $38,000. To be paid from the Restorative Restart Grant. Requested by Liza Estupin.
• 4.Ratification of agreement with Atkinson, Andelson, Loya, Ruud & Romo to provide legal services for the Facilities Bond Program for FY 21-22. The cost will not exceed $25,000.To be paid from Measure AA.Requested by John Calise.

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:        Dr. Brent Stephens, Superintendent
FROM:           Rubén Aurelio, Associate Superintendent
Dr. Phillip Shelley, Director
DATE:            August 25, 2021
SUBJECT:      Amendment to Vestra Labs Contract

PURPOSE:
To have the board review and approve the amendment to the contract with Vestra Labs to implement safe and reliable testing services for the Berkeley Unified School District. Keeping in line with the board direction of increasing COVID-19 testing to weekly.

Vestra Labs bring confidence during the pandemic in the screening and vaccination process to universities, schools, small and large private and public businesses, production studios, nursing homes, professional sports franchises, state penitentiaries, restaurants & hospitality and government agencies.  Vestra Labs offer in-home, mobile and in-office services based on client needs, as well as rapid response pop-up sites along with community drive thru clinics. Vestra has conducted over 400,000 Covid-19 tests and are currently providing the Covid-19 vaccine in multiple states.  Vestra Labs healthcare teams are highly skilled and well trained in current collection techniques.  Vestra routinely screen their staff to ensure that they are sending out qualified and safe technicians.

FISCAL IMPACT:
This contract is in the amount of $336,000. It will be funded through the use of COVID funds.

RECOMMENDATION:
It is recommended that the Governing Board approve the contract agreement between the Berkeley Unified School District and Vestra Labs.

Berkeley Unified School District

TO:            Brent Stephens., Superintendent
FROM:       Ruben Aurelio, Associate Superintendent
DATE:        August 25, 2021
SUBJECT:  Ratification of Paraprofessional Services provided by Maxim

BACKGROUND INFORMATION
On March 10, 2021, $80,692 was approved by the board for 10 Paraeducators.  An additional $73,000 is requested to fund an additional 10 Paraeducators for the period of March 3, 2021 to June 4, 2021 for a total of $153,692.  To be funded by COVID funds.  Requested by Liza Estupin.

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the cost for services referenced above.

Berkeley Unified School District

TO:            Brent Stephens., Superintendent
FROM:       Ruben Aurelio, Associate Superintendent
DATE:        August 25, 2021
SUBJECT:  Approval of Additional Funds for Behavioral Health Services

BACKGROUND INFORMATION
On June 9, 2021 the board approved $78,000 for behavioral health services provided by Bay Area Community Resources.  An additional $40,000 is requested for additional behavioral health services for a total of $118,000.  The additional $40,000 will be funded by the Restorative Restart Grant.       Requested by Liza Estupin.

FISCAL IMPACT:
As indicated above.

STAFF RECOMMENDATION:
Approve the cost for services referenced above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:          Ruben Aurelio, Associate Superintendent
DATE:          August 25, 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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        August 25, 2021
SUBJECT: Expanded Learning Opportunity Grant Budget Adjustments

BACKGROUND INFORMATION:
The board is asked to approve adjustments to the previously approved Expanded Learning Opportunity (ELO) Grant expenditures. The proposed shifts are being made in conjunction with shifts into ESSER III dollars. The ELO grant is being adjusted to reflect actual expenditures during the summer and the movement of dollars to support mental health services.

The following table shows the Expanded Learning Opportunity (ELO) Grant expenditure plan with the revisions shown in blue.  The proposed ELO expenditures were already previously approved by the local governing board for 2020-2020 and 2021-2022.  

Upon reviewing the actual 2020-2021 ELO expenditures versus the actual services needed for the 2021-2022 academic year,  we would like to propose the expenditure revisions noted below.  

The total amount of the ELO allocation of $6,651,785 remains the same.

Expenditure Plan

FISCAL IMPACT:
No change to already approved $6,651,785

RECOMMENDATION:
Approve the ELO grant budget adjustments.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 

FROM: John Calise, Executive Director of Facilities 

DATE: August 25, 2021 

SUBJECT: Approval of Resolution # 22-003– Disposition of Surplus Property

BACKGROUND

The Facilities Division has been working on projects throughout the District, including creating new spaces at our middle schools and administrative spaces. Items previously used in these spaces require disposition.  The Facilities staff has performed an extensive inspection and analysis to determine if any of these items could be used elsewhere in the District.  The items on the inventory list deemed as surplus have either passed their useful lifespans, are in disrepair, or are not needed elsewhere in the District. 

Education Code Section 35168 requires school districts to establish an inventory system of all assets.  Options for items deemed surplus include: e-waste, auction, recycle or donate.

RECOMMENDATION  

Approve items to be considered surplus for Disposition – Resolution # 22-003

FISCAL IMPACT

Contract award by this action: none

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed.D., Superintendent
FROM:       John Calise, Executive Director of Facilities    
DATE:         August 25, 2021
SUBJECT:  Approval of Contracts with Sandis for Land Surveying at Longfellow Middle School, Malcolm X Middle School, Berkeley High School Parking Lot, and Sylvia Mendez Middle School

BACKGROUND
Sandis will provide the required Land Surveying services at several campuses to include Longfellow, Malcolm X, Berkeley High School and Sylvia Mendez.  The Land Survey will inform the placement of buildings, driveways, sidewalks, and drainage.  These surveys are required as a typical course of action during pre-design and construction services.  We have received quotes from multiple vendors, Sandis was determined to be the lowest bidder with the best value attached to the services the projects require.  Contract amounts with Sandis for these services are listed below:

Longfellow Middle School - $28,700

Malcolm X Middle School - $28,050

Berkeley High School Parking Garage - $10,600

Sylvia Mendez Middle School - $29,200

RECOMMENDATION
Approve (4)) contracts with Sandis as the Land Surveying contractor for Longfellow Middle School, Malcolm X Middle School, Berkeley High School Parking Garage, and Sylvia Mendez Middle School.

FISCAL IMPACT 
Cost award by this action: $96,550 to be paid from Measure G bond funds.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent

FROM: John Calise, Executive Director of Facilities

DATE:    August 25, 2021        

SUBJECT: Approval of Contract Modification #4 with A3GEO for geotechnical services for the Berkeley High School Building A Theater Project

BACKGROUND INFORMATION

The Board approved a contract with A3GEO on September 26, 2018 to provide geotechnical services for the Berkeley High School Building A Theater Project.  Geotechnical engineers examine the structural integrity of the soil to inform the structural design of the building. 

Modification #1 was for equivalent-linear site response analysis.

Modification #2 was for the design of soil springs.

Modification #3 is to provide construction phased services including submittal/request for information review and comments; geotechnical testing and observation; meetings, reporting, senior oversight, and project management; plus, groundwater flow rate for subdrainage as required by the structural engineer for Division of the State Architect approval.

Modification #4 to provide full-time inspection during the installation of 17 production micropiles and two proof load tests; full-time inspection during the installation of 3 temporary shoring micropiles; intermittent inspection and testing during subgrade preparation for new slabs, footings and underpinning; senior oversight, project management and DSA Reporting.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9

FISCAL IMPACT

Contract award by this action: $101,159 to be paid from Measure I Bond Funds for a total contract amount of $296,454.

RECOMMENDATION

Approve Contract Modification #4 with A3GEO for geotechnical services for the Berkeley High School Building A Theater Project.

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:               Brent Stephens, Ed.D, Superintendent

FROM:          John Calise, Executive Director of Facilities

DATE:           August 25, 2021

SUBJECT:  Approval of Additional Design Services for Baker Vilar Architects for the Legacy Closeout Contract at Rosa Parks Elementary  

BACKGROUND INFORMATION

Baker Vilar Architects has provided closeout services related to the DSA closeout of the original construction project completed in 1997.  This contract includes all design services related to closeout efforts, including structural corrections and replacement panels for the elliptical canopy (Increment 2 construction contract).  Recently, the contractor identified structural deviations in the original canopy work resulting in extra review by the Architect and Structural team.  These structural issues were an unforeseen condition that were discovered during the work and due to the legacy status of this project, more deficiencies may be found during construction.  This request for additional services will address the further design efforts related to these unforeseen conditions, and the Facilities department will continue to monitor and update the Board accordingly.

The total request for additional services of $14,250 will increase the contract to $436,750.

POLICY/CODE

Public Contract Code 10510.4 – 10510.9.

FISCAL IMPACT

All costs are contained in the Measure AA Bond Fund.

STAFF RECOMMENDATION

Increase the contract for Baker Vilar by $14,250 for the architectural services for the DSA legacy closeout at Rosa Parks. The new authorization for the DSA legacy closeout contract will be $436,750.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Dr. Brent Stephens, Superintendent   
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        8/25/2021
SUBJECT: Opening Schools Update

BACKGROUND INFORMATION: 
August 16, 2021, marked the return to full in-person instruction for BUSD since March of 2020. The following presentation will provide the board and community with an update on our first full week of school including information on current enrollment related to in-person and independent study programming, before and after school care, Chromebook and school supply distribution, professional development opportunities, and health & safety. 

RECOMMENDATION:
Hear from staff regarding our opening of schools

BERKELEY UNIFIED SCHOOL DISTRICT

To: BUSD Board of Education

From: Brent Stephens, Superintendent

Re: Discussion of Mandatory Student Vaccinations for Student Athletics and Other Extracurricular Activities

Date: August 25, 2021

In this discussion item, Board Directors will discuss and provide direction on an amendment to Board Policy 5141.3, Health Examinations, to require full COVID-19 vaccination for student athletes and other extracurricular activities at the high school level 

This possible amendment is reflected below as underlined text.

The full text of the Board Policy is available to the public on BUSD's website.

BP  5141.3  Students: Health Examinations 

The Governing Board recognizes that periodic health examinations of students may lead to the detection and treatment of conditions that impact learning. 

...

All students who participate as cheerleaders, song leaders, or athletes in organized competitive sports shall first undergo and file with the district a current medical examination, and by October 15, 2021, shall be fully vaccinated against COVID -19. Students participating in other extracurricular programs identified by the district shall comply with the COVID-19 vaccination requirement.

BERKELEY UNIFIED SCHOOL DISTRICT

To:  Board of Education

From:  Brent Stephens, Superintendent

Re:  Middle School Student Assignment Community Engagement Information

Date: August 25, 2021

During the month of June, 2021, the district worked to reach out to the Berkeley Unified school community about the current middle school student assignment process, and more specifically to engage in discussions about the segregation that is present in BUSD’s middle schools. 

The district welcomed participation in this important community-wide conversation.

Included in this process were the following engagement activities:

1. Launched community resource page on BUSD website 

1. Provides information & updates 

2. Will be regularly updated

2. Elementary & middle school families survey

1. Spanish & English Language Versions

2. Runs Thursday, June 10th to Thursday, June 24th

3. Two Community Informational Meetings

1. Tuesday, June 29th from 6-7pm (English-language)

2. Wednesday, June 30th from 6-7pm (Spanish-language)

4. Community outreach activities

1. A+ News, flyers, REMIND, news feed & more

The engagement process will continue from August-November with additional meetings and presentations to the School Board, with an anticipated recommendation for possible adjustments to the current assignment system from the Superintendent in November, 2021.

In this presentation, consultant Stacey Smith (SKS Consulting) will review for the Board and community the components of the Fall 2021 community engagement process.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Berkeley Unified Board of Education
FROM:  Brent Stephens, Superintendent
SUBJECT:  Waive the Need for a Second Reading
DATE:  Augusr 25, 2021

BUSD Board Bylaw 9310, Board Bylaws, requires that the Board conduct two readings of a policy that it seeks to amend. BB 9310 reads, “The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item.”

The full bylaw is cited below:

The District shall create and revise its policies as follows:

1. The Board, the Policy Subcommittee, or the Superintendent or designee shall regularly identify the need to adopt a new Board Policy or revise an existing Board Policy.

2. Unless the Board directs otherwise, the Policy Subcommittee shall discuss the need to adopt a new Board Policy or revise an existing Board Policy at one or more Policy Subcommittee meetings. The discussion may include, but not be limited to, how the proposed Board Policy or Board Policy change may affect student learning, community expectations, staff recommendations, and/or fiscal impact as well as the Board Policy's impact on governance and operational efficiency.

3. The Policy Subcommittee or Superintendent may request that legal counsel review the draft Board Policy as appropriate.

4. After the Policy Subcommittee approves a new Board Policy or revision to an existing Board Policy, the Superintendent or designee shall present the draft Board Policy for a first reading at a public Board meeting. At this meeting, the Board shall determine whether it wants additional modifications to the draft. If no modifications are requested, then the Superintendent or designee shall place the draft Board Policy on the agenda of the next Board meeting for the second reading and approval. The Board, by a 2/3 vote, may waive the need for a second reading and approve the draft Board Policy at the meeting in which the first reading occurs so long as the draft Board Policy is listed in the agenda as an action item. If the Board determines that it wants minor modifications to the draft, the Superintendent or designee shall make the necessary changes and shall, unless otherwise directed by the Board, place the revised draft Board Policy on the agenda of the next Board for the second reading and approval. If the Board determines that it wants significant modifications to the draft, the Board Policy shall be returned to the Policy Subcommittee for further review consistent with the direction of the Board.

In this evening’s action item, the Board will vote to waive the requirement for a second reading so that it can consider and approve legally required amendments to BP 4219.43.

Berkeley Unified School District

TO:              Brent Stephens, Ed. D., Superintendent

FROM:       Samantha Tobias-Espinosa, Assistant Superintendent

DATE:         August 25, 2021

SUBJECT:  Approval of Updated Board Policy 4219.43 on Universal Precautions 

BACKGROUND INFORMATION:

Following the direction provided by the Board on August 11, 2021, staff is submitting for approval of the following update to Board Policy 4219.34 on Universal Precautions.

BP  4219.43  Personnel

Universal Precautions

In order to protect employees from contact with potentially infectious blood or other body fluids, and from exposure to the COVID-19 virus, the Governing Board requires that universal precautions be observed throughout the district, to include employee vaccination against COVID-19 or at least weekly COVID testing.

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.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:   Dr. Brent Stephens, Superintendent   
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        8/25/2021
SUBJECT: LCAP Public Hearing

BACKGROUND INFORMATION: 

Alameda County Office of Education (ACOE) has completed reviewing our district’s Local Control Accountability Plan.  Based on their review, ACOE requires additional information before deciding for final approval. 

The LCAP and supporting documents are being heard once again because both the Annual Update and Budget Document for Parents (two of the three companion documents to the 21-24 LCAP) were not attached during the original hearing held on June 16, 2021.

RECOMMENDATION:
Hold a public hearing of the 2021 LCAP

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.