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Regular Meeting
Berkeley USD
October 06, 2021 6:00PM
ZOOM

1. Call to Order - 6 PM
Quick Summary / Abstract:

The Presiding Officer will call the meeting to order at 6p.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. Conference with Legal Counsel--Existing Litigation (Government Code Section 54956.9(b))
3.1.1. OAH Case No. 2021060263
3.2. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to § 54956.9(b): (One case)
3.3. Collective Bargaining - Government Code Section 54957.6(a) (District Negotiator: Samantha Tobias-Espinosa)
3.3.1. Unrepresented and Confidential Employee (on-schedule, one-time, benefits)
4. Call to Order - 7 PM
5. Approve Regular Meeting Agenda of October 6, 2021
6. Report on Closed Session
7. Open Session Public Testimony (1st Opportunity)
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:              October 6, 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.










 
Attachments:
Certificated Personnel Report 10.06.21
Classified Personnel Report 10.06.21
11.2. Approval of Position Control Report
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:       Brent Stephens, Ed.D., Superintendent
FROM:     Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       October 6, 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.









 
Attachments:
Position Control Changes 10.06.21
11.3. Approval of MOUs between BUSD and Universities
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT 

TO:          Brent Stephens, Ed.D., Superintendent
FROM:      Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:       October 6, 2021
SUBJECT:      Approval of MOUs between BUSD and Universities 

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

STAFF RECOMMENDATION: 
Staff recommends that the Berkeley Unified Board of Education ratify the memorandums of understanding (MOU) between the District and the following universities:

  • California State University, East Bay
  • Dominican University

 
Attachments:
MOU CSUEB Student Teaching
MOU Dominican University Student Teaching
11.4. Approval of Coaching Contract with UC Berkeley Principals Leadership Institute, Leaders of Color Network
11.5. Approval of Revised Resolution 22-006 Authorizing Interfund Transfers
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D, Superintendent 
FROM:           Pauline Follansbee, Assistant Superintendent 
DATE:            October 6, 2021
SUBJECT:     Revised Approval of Resolution 22-006 Authorizing Interfund Transfers

PURPOSE:
To adopt resolution 22-006 to establish temporary interfund borrowing.

BACKGROUND INFORMATION:
Education Code Section 42603 provides that the governing board of any school district may direct monies held in any fund or account to be temporarily transferred to another fund or account of the district for payment of obligations.  The transfer shall be accounted for as temporary borrowing between funds or accounts and shall not be available for appropriation or be considered income to the borrowing fund or account.  Amounts transferred shall be repaid either in the same fiscal year or in the following fiscal year if the transfer takes place within the final 120 calendar days of a fiscal year.  Borrowing shall occur only when the fund or account receiving the money will earn sufficient income, during the current fiscal year, to repay the amount transferred.  No more than 75 percent (75%) of the maximum money held in any fund or account during a current fiscal year may be transferred.

Cash flow from the state has improved and will flow at a normal pace according to Education Code 14041(a)(2).  Five percent (5%) in July, five percent (5%) in August, and nine percent (9%) monthly thereafter up to June.  Thus, it is unlikely this Resolution will be needed for the general fund.  However, it may be needed for other funds, such as Cafeteria Fund (Fund 13) which tends to have irregular remittances during the year.

 This Resolution is intended for the FY 2021-22 only and will be exercised only if the need arises.

 The following are the different options provided to school districts for borrowing funds:

1. Internal Borrowing (Ed Code 42603)

2. Borrowing from County Office of Education (Ed Code 42621 and 42622)

3. Borrowing from County Treasurer (Ed Code 42620)

4. Tax Revenue Anticipation Notes (TRAN)

Interfund borrowing is the recommended method for interfund borrowing from Alameda County Office of Education.

RECOMMENDATION:
Staff recommends the Board adopt Resolution No. 22-006 authorizing temporary internal transfer of funds for payment of obligations if the need arises

 

 
Attachments:
RESOLUTION 22-006
11.6. Ratification of Tentative Agreement with BCCE
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                 Brent Stephens, Ed.D., Superintendent
FROM:           Samantha Tobias-Espinosa, Assistant Superintendent, Human Resources
DATE:            October 6, 2021
SUBJECT:     Ratification of BCCE 21-22 CBA Tentative Agreement

BACKGROUND:
Berkeley Unified School District and Berkeley Council of Classified Employees (BCCE) have met and negotiated in good faith and agreed on the attached Tentative Agreement for the Collective Bargaining Agreement for 2021-2022.

BCCE membership voted and ratified the Tentative Agreement on September 29, 2021.

STAFF RECOMMENDATION:
Approve the attached Tentative Agreement.

 
Attachments:
BCCE 21-22 Contract Tentative Agreement
11.7. Approval of Public Disclosure of Collective Bargaining Agreement Documents (AB1200) for BCCE
Rationale:

 BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Superintendent Brent Stephens
FROM:        Pauline Follansbee, Assistant Superintendent 
DATE:         October 6, 2021
SUBJECT:  Approval of Public Disclosure of Collective Bargaining Agreement Documents (AB 1200)

BACKGROUND INFORMATION
The Berkeley Unified School District negotiated a tentative agreement with the Berkeley Council of Classified Employees (BCCE), AFT Local 6192, which was ratified by members September 29, 2021.

The tentative agreement is effective July 1, 2021 through June 30, 2022, and provides for an on-schedule salary increase of 1%, an off salary increase of 3.8%, and an increase in medical benefits for half of the increase in the Kaiser monthly premium for Plan Year 2022.  There is also an increase in longevity 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 BCCE.

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 Assistant 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:
Approve Public Disclosure documents for the Collective Bargaining Agreement for BCCE.

P

 
Attachments:
Board Package
Board Signature Page
11.8. Approve Grant Funded Purchase of Supplemental Take-Home Chromebooks and Hotspots for BUSD Students
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D, Superintendent /  Board of Directors
FROM:           Max Eissler, Director of Technology
DATE:            October 6, 2021
SUBJECT:    Approve Purchase of Take-Home Chromebooks and Hotspots for Berkeley Students

BACKGROUND:
In July of 2021 the district surveyed parents to identify students who did not have access to their own computer and/or reliable Internet access at home. The results of this survey indicated that 2,310 students did not have a dedicated device and 521 households lacked sufficient Internet access.  The district applied for funding for the necessary devices under the federal Emergency Connectivity Fund (ECF).  The district's application was approved on September 24, with 100% of the funding for the program coming from the ECF.  This purchase will provide Chromebooks and Internet Access for district students who do not otherwise have available access, regardless of their distance learning or socioeconomic status.

RECOMMENDATION:
Approve purchase agreement to accept funding for the purchase of Chromebook and hotspots for Berkeley Students.

FISCAL IMPACT:
No Fiscal Impact: $1,022,939.03 to be paid entirely from Federal Emergency Connectify Funds


 
Attachments:
PURCHASE AGREEMENT ECF
RCF FUNDING COMMITTMEMT LETTER
T-MOBILE AGREEMENT
11.9. Accept the Completion of the Cragmont Kitchen Cafeteria Food Services Expansion Project and Approve Resolution 22-008
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:  Brent Stephens, Ed.D., Superintendent
FROM:  John Calise, Executive Director of Facilities 
DATE:  October 6, 2021
SUBJECT:  Accept the Completion of the Cragmont Kitchen Cafeteria Food Service Expansion Project and Approve Resolution Number 21-008

 

BACKGROUND INFORMATION
On April 15, 2020  the Board awarded a contract with Mar Con Builders., Inc. to support the District’s goal of upgrading the cafeteria kitchen at Cragmont 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 6%.  These change orders were all related to unforeseen conditions that were discussed with the Facilities Sub-Committee.  The Facilities team opted to address these conditions as they were directly related to health and safety and it was fiscally advantageous to address them as change orders as opposed to another project as a follow-on project.  This 6% was contained within the project budget and original Board authorization amount.

STAFF RECOMMENDATION
Accept the project as complete and approve resolution number 21-008
 
Attachments:
Resolution 22-008
11.10. Approval of Amended Contract with CAW Architects for the Building A Theater Project at BHS
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO: Brent Stephens, Ed.D., Superintendent 
FROM: John Calise, Executive Director of Facilities 
DATE:         October 6, 2021
SUBJECT:    Approval of an Amendment for CAW Architects for the Berkeley HighSchool Building A Theater Project

BACKGROUND:
CAW Architects developed a master plan for the Berkeley Community Theater project and then was awarded a contract to provide design and construction administration services for the classroom wing and stage box of BCT.  The project is progressing well into construction.  Here is a contract summary:

This additional service being requested includes 1) Replace classroom audiovisual displays systems with a new “Promethean” interactive display system in all classroom spaces in the building. Which includes new display board, minor adjustments to conduit and wiring, replacement of the specified AV Controller with a Crestron AV Controller and connect the Crestron Controller into the overall Crestron system 2) Expand the intrusion alarm system design, extend the intrusion ala system design, and extend the intrusion alarm system through the existing spaces in the building.

RECOMMENDATION:   
Approve contract amendment for CAW Architects for the Berkeley High School Building A Theater Project.

FISCAL IMPACT:
Contract award by this action: $30,335 for the consultant fee to be paid from Measure I Bond Funds.  The amended contract amount will be $4,204,493.  All costs are contained within the project budget.



 
11.11. Approval of Contracts/Purchase Orders for Services ContractsWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:             Brent Stephens, Ed. D., Superintendent
FROM:        Pauline Follansbee, Asst. Superintendent of Business Services
DATE:         October 6, 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.Cash Leasing & Copier Sales, to provide lease of 2 copiers for Berkeley Adult School for the period from 8/1/21 – 6/30/22. The cost will not exceed $19,155. To be paid from Adult Education Fund. Requested by Thomas Reid.

2.Folger Graphics, to provide printing services for Berkeley Adult School for2021/22SY. The cost will not exceed $11,666.47. To be paid from Adult Education Fund. Requested by Thomas Reid.

3.American Eagle Co., to service the bleachers at all district schools. The cost will not exceed $12,000. To be paid from Measure H.Requested by John Calise.

4.Cagwin & Dorward Landscape Contractors, to provide services for the John Muir creek restoration project. The cost will not exceed $44,926. To be paid from Measure H.Requested by John Calise.

5.Knorr, to perform service and repairs on the pool equipment at BHS. The amount will not exceed $20,000. To be paid from Measure H.Requested by John Calise.

6.Raskob Day School, to provide NPS services for Special Ed student for the 2021/22SY. The cost will not exceed $43,500.To be paid from Special Ed Funds.Requested by Shawn Mansager.

7.Ratification of contract with Jessica Rodney, to provide contact tracing and data analysis for the district as part of the Covid Response Team. The cost will not exceed $15,120. To be paid from COVID Relief Funds. Requested by John Calise.

8.Ratification of Contract with Brightview Landscape Services to perform the annual maintenance services on the King soccer field. The cost will not exceed $29,114.09. To be paid from Measure H.Requested by John Calise.

9.Contract with Berkeley Public School fund to pay for Ed Hubb staffing for one person, not to exceed 30,000. FY 2021-22 to be paid from one time Covid Funds.Requested by Pauline Follansbee

10.Increase in contract to Emics (Informed K12), to provide workflow automation services to Human Resources for the 2021/22SY. The Board originally approved $24,000 on 6/23/21. The additional amount needed is $26,900 for a total amount of $50,900. To be paid from the General Fund. Requested by Samantha Tobias-Espinosa.

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

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

 
11.12. Approval of Master Contract for Nonpublic School for the 2021-2022 School YearWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT


 

To:              Brent Stephens, Ed.D., Superintendent

From:         Shawn Mansager, Executive Director of Special Education

Date:          October 6, 2021

Subject:      Approval of Master Contract for Nonpublic School for the 2021-2022 School Year

 

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.

 

Non Public Schools

# of Students

Estimated Total Cost

Phillips Academy

7

$411,984.22

Total

7

$411,984.22

 


POLICY/CODE

Education Code 56034,56366

         

FISCAL IMPACT

Not to exceed $411,984.22 funded from the Special Education Budget which require a budgeted contribution from the General Fund.



STAFF RECOMMENDATION

Approve the Master Contract for the Nonpublic School listed above.

 
11.13. Approval of Master Contracts for Residential Treatment Centers for 2021-2022 SYWas edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

To:               Brent Stephens, Ed. D., Superintendent

From:          Shawn Mansager, Executive Director of Special Education

Date:          October 6, 2021

Subject:      Approval of Master Contracts for Residential Treatment Centers for 2021-2022 SY

 

BACKGROUND INFORMATION

 

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


A Residential Treatment Center (RTC) provides students with a high-quality of care to support student’s mental health needs that require a full continuum of care. A student may require residential treatment when available school and community-based resources have been exhausted and have not successfully addressed the student's needs. From time to time the District seeks placement in a setting that is not certified by the California Department of Education due to the unavailability of an appropriate setting.  There is a history this placement has provided FAPE to previous students from other LEAs.


Services are provided pursuant to Ed. Code Section 56034 and 56366. Students enrolled in residential nonpublic schools are deemed enrolled in public schools.

 

Residential Treatment Center

# of Students

Estimated Total Cost

Autism Treatment Center

1

$200,645.45

Devereux

1

$120,920.58

Journey Academy/TLC Child & Family Services

1

$174,372.00

Total

3

$495,938.03


 

POLICY/CODE

Education Code 56034, 56366

         

FISCAL IMPACT

Not to exceed $495,938.03 from the Special Education Budget which require a budgeted contribution from the General Fund.



STAFF RECOMMENDATION

Approve the Master Contracts for the Residential Treatment Centers listed above.

 
11.14. Approval of Board of Education Meeting Minutes
Attachments:
August 11, 2021
August 25, 2021
September 8, 2021
12. Action Items
12.1. Approve COVID-19 Vaccination and Testing Policy (45 min) Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

 

To:       BUSD Board of Education

From:  Brent Stephens, Superintendent

Re:       BUSD Vaccine Policy

Date:   October 6, 2021

 

Gov. Gavin Newsom announced Oct.1 plans to add the COVID-19 vaccine to the list of vaccinations required to attend school in-person, when the vaccine receives full approval from the Food and Drug Administration (FDA). It remains unclear when the statewide mandate will take effect, but it appears possible, even likely, that most or all BUSD students will be required to be vaccinated by the start of the 2022-23 school year (if not sooner).  Newsom noted that his office has “no trepidation, no hesitancy in encouraging local districts to move forward more expeditiously,” as other districts have already done.

 

In previous statements about the safety and effectiveness of the COVID-19 vaccine, the California Department of Public Health (CDPH) has issued guidance unequivocally stating that “COVID-19 vaccination is strongly recommended for all eligible people in California, including teachers, staff, students, and adults sharing homes with these members of our K-12 communities.”  As CDPH explains, “The foundational principle of this guidance is that all students must have access to safe and full in-person instruction and to as much instructional time as possible. In California, the surest path to safe and full in-person instruction at the outset of the school year, as well as minimizing missed school days on an ongoing basis, is a strong emphasis on  . . . vaccination for all eligible individuals to get COVID-19 rates down throughout the community,” in addition to other mitigation measures such as masking.

 

According to the Centers for Disease Control (CDC), COVID-19 vaccines are safe and effective at reducing the transmission of COVD-19. The CDC has explained that:

?     COVID-19 vaccines can keep you from getting and spreading the virus that causes COVID-19.

?     COVID-19 vaccines also help keep you from getting seriously ill even if you do get COVID-19.

?     Getting vaccinated yourself may also protect people around you, particularly people at increased risk for severe illness from COVID-19.

Tonight, BUSD staff are bringing to the Board for second reading and approval a COVID-19 vaccine and testing policy that has been the subject of a number of public discussions and deliberations.  The policy was discussed at four public meetings of the BUSD Policy Subcommittee (on September 1, September 16, September 30, and October 4), and at the August 25 and September 22 Board meetings.  In developing the attached policy, the Policy Subcommittee has benefitted from the feedback of Board members, union leaders, parents and caregivers, students, teachers, classified staff, administrators, and public health professionals.

 

The policy presented tonight for approval has a number of components, which are briefly explained below.  The entire proposed policy is reprinted below and attached. 

 

The overall goal of the policy is to ensure the health and safety of our community, and maximize in-person instruction, by reducing COVID-19 transmission through increased vaccinations.

 

All-Student Vaccine and Testing Policy

 

This part of the policy is not a vaccine mandate, although other districts (including Los Angeles, San Diego, and Oakland) have moved forward with mandates for all vaccine-eligible students, and although many members of the BUSD community have advocated for such a policy. The policy presented for approval here requires all vaccine-eligible students to either get vaccinated or test weekly.  This is a middle-ground approach that, coupled with a strong public health campaign and easy, on-site access to vaccines, we believe will achieve our goal of increased vaccinations among students.  Because it is not a mandate, it will not result in the forced placement of unvaccinated students in distance learning or independent study.

 

In light of the Governor’s Oct.1 announcement, it is very likely that our students will be required to get vaccinated to attend school.  It is just a matter of when.  This proposed policy is meant to encourage students who will need to get vaccinated anyway to get vaccinated now, thereby protecting themselves and the community.  Until the state mandate is implemented, students who do not wish to get vaccinated may still opt to test weekly under this proposed policy.

 

Vaccine Mandate for Attendance at In-Person Events and Adult School In-Person Enrollment

This part of the policy mandates vaccinations for attendance at in-person events in the District, and for in-person enrollment at the Adult School.

Public Health Campaign and Vaccine Access

This policy directs BUSD staff to plan for a campaign to address the concerns of families and students who may hold concerns about the safety and effectiveness of the COVID-19 vaccines. The policy also directs staff to collaborate with the City of Berkeley Public Health Department to offer vaccinations on school campuses in an effort to facilitate access for families. (No child will be vaccinated without parental consent.)

 

The Governor’s announcement that students will be required to get vaccinated in order to attend school highlights the critical importance of a coordinated public health campaign to increase youth vaccination.

 

The full language of the policy for consideration is presented below:

 

Additions to BP 5141.3

 

All-Student Vaccine and Testing Policy

By January 3, 2022, all BUSD students aged 12 or over (other than Berkeley Adult School students) shall be fully vaccinated against COVID-19. Students who are not fully vaccinated by that date shall be required to submit to weekly onsite COVID testing, unless the student has a medical exemption from testing.  This policy shall only go into effect if sufficient testing is available to accommodate students who opt-out of vaccination.

If the vaccine is authorized by the FDA for 5-11 year olds (including under Emergency Use Authorization), the District shall set a date four months from the date of FDA authorization by which all 5-11 year olds must either be fully vaccinated or participate in weekly testing.

Effective January 3, 2022, proof of vaccination shall be required for attendance for any person aged 12 or over at any indoor extracurricular BUSD 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 Berkeley Adult School in person.

Public Health Campaign and Vaccine Access

The District shall develop a COVID-19 vaccination campaign in partnership with the City of Berkeley Public Health Department and community organizations. 

The District shall work with the City of Berkeley Public Health Department to provide vaccination clinics on and/or near school sites. No student shall be deemed ineligible for any activity due to lack of access to the vaccine.

 

Definitions

 

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 where relevant.

 
Attachments:
Student Vaccination Policy FINAL 10.06.21
Student Vaccination Policy Presentation 10.06.21
13. Discussion Items
13.1. Update on the Possible Impact of Reduced Student Enrollment on BUSD’s 2022-23 Budget and Budget Calendar (45 min)Was edited within 72 hours of the Meeting
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:                Brent Stephens, Ed.D, Superintendent
FROM:           Pauline Follansbee, Assistant Superintendent     
DATE:            October 6, 2021
SUBJECT:      Discussion of 2022-23 Student Enrollment , Budget Cut Target and Budget Calendar

BACKGROUND INFORMATION:
When the District Adopted the 2021-22 Budget, the Multi-Year Projection included deficit spending of $1.6 million and budget balancing solutions of $4.5 million for FY 2022-23. 

Student Enrollment and ADA

In 2019-20, student enrollment and ADA were 9,844 and 9,426 respectively.  The District was funded at the 2019-20 ADA level for 2020-21 due to hold harmless clause included in the 2020-21 in the Enacted State Budget.  Because school districts are funded on the higher of the current or prior year, the District benefited from funding at the 2019-20 rate for 2021-22 as well.  

However, in 2022-23 the District will be funded on the projected ADA for that year of 9,031.  This situation, where school districts will be funded at post-pandemic levels, is commonly referred to as the ADA "Cliff", and impacts districts with declining enrollment throughout the state.

The District’s projection for 2022-23 Enrollment and ADA (9,432 and 9,031 equates to a decline in Enrollment and ADA of 412 students and 395 students respectively.  We receive approximately $10,000 in unrestricted state funding per student ADA. The ADA cliff equates to a  $4 million in reduced funding for the Unrestricted General Fund, and is main factor in the need for $4.5 million in budget balancing solutions.

Budget Cut Target

In addition to the $4.5 million budget reductions in 22-23, the district needs to consider the positions and programs that were funded by one-time funding in 2021-22.  Staffing on one-time funding include positions funded by expired Low Performing Block Grant, staffing for Office of Family Engagement (OFEE) and Bridge Program.  Ongoing programs paid for in 21-22 that will impact Multi Year Projections for 22-23 include costs to implement the LatinX and Black Lives Matter initiatives, African American Success Framework  and software cost for a paperless environment.  These staffing and program costs will increase the $4.5 million cut target.   The target will also be impacted by the assumptions in the Governor’s 2022-23 State Budget which will be released in January.



Alameda County Office of Education (ACOE)

ACOE and the County Superintendent of Schools provide fiscal oversight to Districts in Alameda County, and determine whether their adopted budgets will allow school districts to meet their financial obligations during the fiscal year and is consistent with a financial plan that will enable the school district to satisfy its multiyear financial commitments. The County Superintendent of Schools shall either conditionally approve or disapprove a budget that does not provide adequate assurance that the school district will meet its current and future obligations and resolve any problems identified in studies, reports, evaluations, or audits described in this paragraph.

ACOE approved the District’s 2021-22 Adopted Budget and Local Control Accountability Plan, but is requiring the District to develop short and long-term financial plans based on reasonable economic assumptions and to implement those plans with a commitment to remaining fiscally solvent.  

ACOE report states – “Timely and extensive expenditure reductions and/or revenue enhancements must remain the District’s highest priority. If the District’s First Interim report continues to require $4.5 million in Unrestricted budget adjustments for 2022-23, a detailed list of Board-approved ongoing budget-balancing solutions should be provided to ACOE by December 15, 2021, with the District’s First Interim Report”. 

Budget Development Calendar

The District’s Budget Development cycle usually begins when the Governor releases the initial draft of the Budget in January.  However, in light of ACOE’s requirement for a list of Board- approved ongoing budget balancing solutions by December 15, 2021, the District is starting the cycle three months earlier.  Staff will be reaching out to our budget partners to convene our budget meetings the third week in October.  

 

FISCAL IMPACT:

An ongoing budget cut target of $4.5 million will significantly balance the 2022-23 budget after removal of one-time revenues and expenditures.  Additional budget reducing solutions will be needed costs for not included in the Multi-Year projections when the 2020-21 budget was adopted.

STAFF RECOMMENDATION:
Receive this information for discussion.   The budget should continue to be monitored closely over the next several years as revenues slow and STRS and PERS cost continue to outpace incoming revenue.  Special Education, Nutrition Services and Child Development budgets should also be closely monitored to control cost and maximize revenue where possible. 

 

 
Attachments:
Presentation
14. Public Hearing
14.1. Public Hearing for and Approval of Resolution re Sufficiency of K-12 Textbooks and Instructional Materials (no earlier than 8:30pm) (5 min)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens, Ed.D., Superintendent
FROM:        Ruben Aurelio, Associate Superintendent, Educational Services
DATE:         October 6, 2021
SUBJECT:  Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2021-22         

BACKGROUND INFORMATION:
Education Code Section 60119 guidelines require the governing board to hold a public hearing at which the Board will determine, through a resolution, as to whether each pupil in each school in the district has sufficient textbooks or instructional materials, or both, that are consistent with the content and cycles of the curriculum framework adopted by the State Board of Education in these subjects:  English/language arts, including English language development; mathematics; science; history/social science; foreign language (if student is enrolled in a foreign language course); and health (if student is enrolled in a health course). The governing board shall also determine the availability of science laboratory equipment as applicable to science laboratory courses in grades 9 through 12.

Staff can certify to the Board that where there is a textbook needed in an academic subject, a textbook aligned with the state adopted curriculum framework is being provided.  All students in Berkeley Unified have access to books and other instructional materials.

The annual resolution continues to be required although the State no longer allocates specific funding for Pupil Textbooks and Instructional Materials. 

The hearing tonight has been publicized as required, and the proposed resolution is attached.

POLICY/CODE:
Education Code Sections 60117 and 60119

FISCAL IMPACT:
None

STAFF RECOMMENDATION:
Approve the Resolution for Grades K-12 Textbook and Instructional Materials Compliance for Fiscal Year 2021-22.

 

 
Attachments:
Resolution
15. Information Items
Rationale:


 
15.1. Anonymous Community Reporting Hotline (Sexual harassment, Bullying, Self Harm, Discrimination, Vandalism, Threats)
Rationale:

BERKELEY UNIFIED SCHOOL DISTRICT

TO:              Brent Stephens Ed.D Superintendent
FROM:        Pauline Follansbee, Assistant Superintendent Business Services
DATE:         October 6, 2021
SUBJECT:  Catapult - WeTip Anonymous Reporting Solutions

BACKGROUND INFORMATION:

Our liability insurance carrier, ASCIP, is reintroducing the District to WeTip 2.0 powered by Catapult EMS.

WeTip provides a complete toolkit for anonymous reporting for students, parents and employees.  WeTip provides comprehensive and personalized reporting with a 24/7 call center.  Services include a phone hotline, scannable QR codes and Web Form access The WeTip anonymous reporting hotline and can be used to report sexual harassment, bullying, self-harm, weapons on site, smoking/vaping vandalism arson or graffiti. 

WeTip is scheduled to be implemented the first week of November, 2021.Fiscal impact

The cost to implement WeTip will be covered by our insurance carrier, ASCIP

STAFF RECOMMENDATION:
Staff is providing this as an information item. 

 
Attachments:
Scope of Services
16. Open Session Public Testimony (2nd Opportunity)
Quick Summary / Abstract:
 
17. Extended Board Member and Superintendent Comments
Quick Summary / Abstract:
Board members and the Superintendent are given the opportunity to address any issue.  
18. Adjournment

Published: October 1, 2021, 8:40 PM

The resubmit was successful.