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 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:              September 22, 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:       September 22, 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:                 Brent Stephens, Ed.D., Superintendent
FROM:           Pauline E. Follansbee, Assistant Superintendent, Business Services
DATE:            September 22, 2021
SUBJECT:     Approve Listing of Fiscal Warrants issued in August 2021

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

POLICY/CODE:
Educational Code Section 41010 et seq.

FISCAL IMPACT:
$9,222,697.86 for the month of August 2021 from various funds.  

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

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent

FROM:        Pauline Follansbee, Assistant Superintendent

DATE:        September 14, 2021

SUBJECT: Approval of Payroll Warrants Issued in August 2021

BACKGROUND INFORMATION 

On a regular basis, the Board receives information on the total amount paid employees during a month.  The attached represents a summary of pay warrants from various funds for the month of August 2021.

POLICY/CODE

Educational Code 41010 et seq.

FISCAL IMPACT

$9,304,094.92, for August 2021 from various funds.

STAFF RECOMMENDATION

Approve payroll payments made in August 2021.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent

FROM:        Pauline Follansbee, Asst. Superintendent of Business Services

DATE:         September 22, 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.Dr. José Medina: Educational Solutions, to provide Professional Development around Biliteracy Instructional Framework to staff at Sylvia Mendez elementary school for the period from 11/1/21 to 6/30/22. The cost will not exceed $12,000. To be paid from BSEP funds. Requested by Kathy Fleming.

2.Saihla Systems, to provide web design and production services for the 2021/22SY. The cost will not exceed $15,000. To be paid from BSEP funds. Requested by Kathy Fleming.

3.Krista Mahan (Complete Curriculum), to provide communications services for BUSD special projects for the 2021/22SY. The cost will not exceed $32,000. To be paid from BSEP funds. Requested by Kathy Fleming.

4.BAHIA, Inc., to provide overall Inclusive Early Education Expansion Program grant management and support ECE programs as required by the California Department of Education in the area of adaptive equipment. The cost will not exceed $56,324. To be paid from IEEEP Grant. Requested by Maria Carriedo.

5.YMCA of the East Bay, to provide overall Inclusive Early Education Expansion Program grant management and support ECE programs as required by the California Department of Education in the area of adaptive equipment. The cost will not exceed $56,324. To be paid from IEEEP Grant. Requested by Maria Carriedo.

6.UCB Early Childhood Education Program, to provide overall Inclusive Early Education Expansion Program grant management and support ECE programs as required by the California Department of Education in the area of adaptive equipment. The cost will not exceed $56,324. To be paid from IEEEP Grant. Requested by Maria Carriedo.

7.The Springstone Middle School, to provide NPS services for Special Ed Department for the 2021/22SY. The cost will not exceed $29,950. To be paid from Special Ed Funds. Requested by Shawn Mansager.

8.T-Mobile, to provide WiFi “hotspots” to the Technology Department for the 2021/22SY. The cost will not exceed $50,000. To be paid from the General Fund. Requested by Max Eissler.

9.Goliath Tech Norcal, to provide services to install the foundation for the boardwalk at the Redwood Forest Restoration Project at John Muir Elementary School. The cost will not exceed $31,500. To be paid from Measure H. Requested by John Calise.

10.Hydropoint, to provide services to install five new smart irrigation controllers for the facility department. The cost will not exceed $29,358. To be paid from Measure H. Requested by John Calise.

11.Parent Institute for Quality Education, to provide college completion and workforce readiness to the Family Engagement Program for 1 Elementary Schools and 1 High School for Winter 2022 and 1 Elementary and 1 Middle School for Spring 2022. The cost will not exceed $40,000. To be paid from Title III and a one time funding. Requested by Liza Estupin.

12.Ratification of services from Shoreline Environmental to provide testing for Facilities related to the District Indoor Air Quality. The cost will not exceed $65,000.To be paid from Measure AA. Requested by John Calise.

13.Ratification of payment to Alameda County Offices of Education, to provide internet access and firewall services for all district facilities for the period from 7/1/21 – 6/30/22. The cost will not exceed $61,800 with approximately 50% to be paid from the General Fund and 50% to be paid from federal E-Rate matching funds. Requested by Max Eissler.

14.Ratification of contract with Ellevation Education, to provide English Learner management software for CDE compliance for the District. The cost will not exceed $22,376.25. To be paid from Title III Funds. Requested by Liza Estupin.

15.Ratification of contract with The Latino Family Literacy Project, to provide 7 Elementary programs to BUSD schools. The cost will not exceed $16,592.63. To be paid from Title III Funds. Requested by Liza Estupin.

16.Hollaback, to provide training to address rise anti-Asian/American Harassment. The cost will not exceed 10,500.To be paid from one-time funds. Requested by Liza Estupin.

POLICY/CODE

Public Contract Code: 20111

Board Policy 3310

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

BERKELEY UNIFIED SCHOOL DISTRICT 

TO: Brent Stephens, Ed.D, Superintendent 

FROM: John Calise, Executive Director of Facilities

DATE: September 22, 2021

SUBJECT: Approve a Contract With ARC Document Solutions to Provide Scanning Services for the Construction Program 

BACKGROUND INFORMATION 

In June of 2021, the Board approved ARC Document Solutions in the amount of $75,000 to provide printing services for the Facilities Bond Program. The Facilities Division is currently looking to digitize all files including plans, specifications, and internal documents to reduce all paper storage. Staff received two quotes. ARC Document Solutions provided the lowest responsive quote. Staff is seeking approval for this contract in the amount of $55,000 bringing a total amount of approval for this vendor to $130,000.

POLICY/CODE

Board Policy 3310.  

FISCAL IMPACT

$55,000 Contract will be paid from Measure G. All costs are contained within the program budget.    

STAFF RECOMMENDATION

Approve services for ARC for this contract in the amount of $55,000. Total amount for the vendor is $130,000.       

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Ruben Aurelio, Associate Superintendent of Educational Services    
FROM:        Liza Estupin, Director of Special Projects
DATE:         September 14, 2021
SUBJECT:  Approve Contract with Concerned Parents Alliance, Inc. (CPA) College Bound Academy Programs (CBAP) for 2021-22 Academic Year

BACKGROUND INFORMATION:
Based upon the above 3-year average data, information shared from dialogue exchanged in the African American Successful Framework meetings as well as discussions with a variety of BUSD staff members, CPA recommends that a comprehensive College Bound Berkeley Unified School District (CBBUSD) Academy program be immediately created to address the learning loss and self-esteem needs of the 9th – 12th grade Black scholars AND their families. The partnership between CPA and BUSD will result in a unique college and career readiness family academy which includes on-going scholar case management and monthly interactive parent/family components that will further empower the BUSD Black community to successfully navigate the educational system while ensuring postsecondary opportunities including eligibility for a four-year college or university as the priority.

The current contracts for services for this program are $125,000 discounted fee per year. 

$378 per participant (Includes up to 130 scholars, 30 younger siblings (Rising Scholars) AND their parents/guardians or responsible adult – approximately 170) – Serving a total of 330 scholars and their families.

POLICY/CODE:
Child Development Division
California Ed. Code Title 5

FISCAL IMPACT:
$125,000 in one-time funding  

STAFF RECOMMENDATION:
Approve Contract with Concerned Parents Alliance, Inc. (CPA) College Bound Academy Programs (CBAP) for 2021-22 Academic Year

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed. D., Superintendent
FROM:          Shawn Mansager, Executive Director of Special Education
DATE:            September 22, 2021
SUBJECT:     Amend Contract for Residential Treatment Centers for 2021-2022 SY 

BACKGROUND INFORMATION
The District contracts with nonpublic schools, when necessary to provide an appropriate placement, special education and/or related services if no appropriate public education program is available.  For students requiring nonpublic school day programs, the cost is for tuition for the educational program and services.  An individual service agreement (ISA) is developed for each student to whom the service provider is to provide special education or related services.

Transportation costs are included in the special education transportation budget.  All nonpublic schools must be approved by the California Department of Education. Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in nonpublic schools are deemed enrolled in public schools.

This amendment is for an NPS to provide educational services for SPED student per settlement agreement.

POLICY/CODE:
Education Code 56034,56366         

FISCAL IMPACT:
Not to exceed $215,345.48 funded from the Special Education Budget which may require an additional contribution from the General Fund.

STAFF RECOMMENDATION:
Approve the Amendment to the Master Contract for the Nonpublic School listed above.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:          Brent Stephens, Ed.D,  Superintendent         
FROM:            Ruben Aurelio,  Associate Superintendent, Educational Services
Wyn Skeels, CTE Program Supervisor
DATE:             September 22, 2021
SUBJECT:  College and Career Access Pathways (CCAP) Agreement between BUSD Peralta Community College District (PCCD)

PURPOSE:   
Formalize BUSD PCCCD Dual Enrollment Program

BACKGROUND:
Assembly Bill (AB 288) authorizes California Community College districts to enter into formal partnership agreements with local school districts to expand access to dual enrollment opportunities for high school students. Also known as the College and Career Access Pathways Partnership, the goal of AB 288 is to provide access from high school to community college for career technical education and prepare for transfer. Students are more likely to graduate on time, and be ready for college and careers

The legislation does not specifically define the target population, but it is widely understood to include students who are Black, Latinx, socioeconomically disadvantaged or first generation. For these students, CCAP dual enrollment is meant to provide “seamless pathways from high school to community college for career technical education or preparation for transfer, improving high school graduation rates, or helping high school pupils achieve college and career readiness.” Though this was possible under previous implementation, it was not required. The bill seeks to accomplish this by providing incentives and a clear legal framework for developing partnerships between community college districts and K-12 districts.

To form CCAP partnerships, college and K-12 districts are required to draft CCAP agreements that clarify the responsibilities of each partner, submit agreements to their respective governing boards for approval, and send finalized agreements to the Chancellor’s Office. College districts are further required to submit annual reports to the Chancellor’s Office regarding demographics, enrollment, full-time equivalent students (FTES), course types, and course completion

RECOMMENDATION: 
Approve the College and Career Access Pathways (CCAP) Agreement between BUSD Peralta Community College District (PCCD)

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:           Rubén Aurelio, Associate Superintendent
DATE:             September 22 2021
SUBJECT:      Establish Berkeley Independent School K-8 as a separate school

BACKGROUND INFORMATION: Staff is recommending the approval of a distinct County-District-School (CDS) code for our K-8 Independent Study Program, BIS K-8.

The rationale for this change is noted below:

Currently,  70 plus K-8 students are enrolled in the Independent Study Program (BIS). The students are on the roster of Sylvia Mendez Elementary and Martin Luther King (MLK) Middle School. BIS students may never step foot on those campuses, they appear in reports and rosters for the two campuses. Families receive automated messages from those schools, despite being enrolled in Independent Study. As state law changes, more detailed reporting is required for these students. We are seeking your approval to apply for a new CDS code for BIS so local and state data entry and reporting can be streamlined. This will also reduce confusion for the staff at Sylvia Mendez and MLK. We plan to apply as a K-8 school only, so high school students enrolled in the independent study will continue to be eligible for Berkeley High School diplomas and access to BHS classes.

FISCAL IMPACT:
no change to the budget

RECOMMENDATION:
Approve the recognition of Berkeley Independent School K-8 as a standalone school.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:            Board of Education
FROM:        Brent Stephens, Superintendent,
Natasha Beery, Director of BSEP and Community Relations
Kathy Fleming, Director of Local Resources and Partnerships
DATE:        September 22, 2021
SUBJECT: BSEP Measure Planning Update

BACKGROUND INFORMATION:
As a community response to school funding shortages in the wake of Proposition 13, the local tax known as the Berkeley Schools Excellence Program (BSEP) has made a significant difference in the quality of our schools and the fiscal stability of our district since 1986. Thanks to BSEP, students in Berkeley public schools benefit from funding provided for lower class sizes, libraries, music, school enrichment/program funds, technology, professional development, program evaluation, public information, translation, and much more.

The current measure, the Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1), expires at the end of FY 2024-25.  An updated measure will go before the voters in November 2024.

Oversight and Planning

As we approach the planning cycle for the 6th year of the 8 year BSEP Measure, certain trends point to the likely need for reductions in expenditures over the next three years. This trend is particularly visible as we review the largest BSEP resource, entitled High Quality Instruction (HQI), which includes the funding for Class Size Reduction, as well as Professional Development, Program Evaluation, Classroom Support and Expanded Course Offerings. Planned deficit spending has supported expenditures for innovative programs and for needs that could not be funded through other sources such as LCAP or the General Fund, but these expenditures are likely not to be sustainable over the remainder of the Measure.

While there are many factors that go into a model that cannot be predicted with confidence, including the  COLA (Cost of Living Adjustment), student enrollment, and staffing costs, even the most optimistic model shows the need to make strategic reductions in coming years. These reductions are necessary in order to plan for a successor Measure that does not raise tax rates beyond the COLA in order to sustain essential programs.

Next Steps

The outgoing Director of BSEP and Community Relations, Natasha Beery, has been providing guidance to the Superintendent, Associate Superintendent, and the new Director of Local Resources and Partnerships, Kathy Fleming in both the oversight of the current measure and the outline of steps for planning the next measure.

A Measure Planning Workgroup will begin meeting in 2022 to provide the initial framework for the early stages of BSEP Measure reauthorization. The workgroup will establish a detailed timeline for the planning process, review records from prior BSEP planning groups, examine the trajectory of the current BSEP funds, and identify key issues to be addressed in the context of the fiscal framework of the district and state.

An update to the Board is planned for the spring of 2022. The BSEP planning process will require intensive attention over the next two years from the Superintendent and Board, the Executive Cabinet, the Director of Local Resources, the Planning & Oversight Committee, and community members, in order to bring a final version of the Measure for a Board vote in June 2024, and to the Berkeley city ballot of November 2024.

POLICY/CODE:
Berkeley Public Schools Educational Excellence Act of 2016 (Measure E1 of 2016)

FISCAL IMPACT:
BSEP currently provides approximately 20% of the District’s combined General Revenue, and funds one-third of the District’s classroom teachers. BSEP revenues projected for FY 2021-22 are $32,809,285

RECOMMENDATION:
Receive the BSEP Measure Planning Update

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:   Rubén Aurelio, Associate Superintendent
DATE:        September 22, 2021
SUBJECT: Black Lives Matter Resolution Update

BACKGROUND INFORMATION: 
This evening, the school board and community will hear an update regarding actions named in the Black Lives Matter resolution which was adopted by the school board in June of 2020. Members of the educational services team will lay out some preliminary data, speak to partnership and service timelines, and next steps.

POLICY/CODE:
Resolution 20-064

FISCAL IMPACT:
$800,000 from various resources

RECOMMENDATION: '
No action is needed on this item, for discussion.

BERKELEY UNIFIED SCHOOL DISTRICT

TO:      Dr. Brent Stephens, Superintendent
FROM:           Rubén Aurelio, Associate Superintendent
DATE:            September 22, 2021
SUBJECT:      Latinx Resolution Update

BACKGROUND INFORMATION: 
This evening, the school board and community will hear an update regarding actions named in the Latinx resolution which was adopted by the school board in June of 2021. Members of the educational services team will lay out some preliminary data, speak to partnership and service timelines, and next steps.

POLICY/CODE:
Resolution 21-040

FISCAL IMPACT:
$350,000 from various resources

RECOMMENDATION:
No action is needed on this item, for discussion.

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Board of Education
FROM:: Brent Stephens, Superintendent
DATE:: September 22, 2021
SUBJECT:: Initial Discussion re Policy to Require Vaccination for Students 12 and Older (including Berkeley Adult School students)

In this item, the Board of Education will discuss a possible policy to require that students who are twelve and older are vaccinated against COVID-19 in order to attend school in-person. This discussion follows discussions of the Board’s Policy Subcommittee on September 2nd and 16th. 

Tonight’s agenda item is not agendized for a vote by the Board of Education.

This is not final policy language, and the Board has not yet scheduled a date to vote to approve a policy related to student vaccination.

The current draft language of this student vaccination policy is below:

--

By January 3, 2022, all BUSD students aged 12 or over (other than BAS students) shall be fully vaccinated against COVID-19, unless the student has a documented medical or religious exemption. Students who are not fully vaccinated by that date shall be required to submit to weekly onsite COVID testing.

By January 3, 2022, all students aged 16 or over who participate at Berkeley High School as athletes, shall be fully vaccinated against COVID -19 in order to be eligible to participate in the sport, unless the student has a documented medical or religious exemption. There shall be no option for weekly testing as a substitute for vaccination in order to participate in athletics.

District staff shall develop a list of optional extra-curricular activities (such as prom) for which full vaccination will be required as a condition of in-person participation.

Effective January 3, 2022, proof of vaccination shall be required for attendance for any person aged 12 or over at any indoor Berkeley High athletic event.

By January 3, 2022, all Berkeley Adult School students shall be fully vaccinated against COVID-19, unless the student has a documented medical or religious exemption, as a condition of attending school in person. There shall be no option for weekly testing as a substitute for vaccination in order to attend school in person.

No student shall be deemed ineligible for any activity due to lack of access to the vaccine.

A student is “fully vaccinated” if two weeks have elapsed since their second dose of the vaccine.

The district shall develop procedures for evaluating medical or religious exemptions.